The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.
Title: North Dakota Letter Informing Debt Collector to Only Communicate with Debtor in Writing at Debtor's Home Address Introduction: In North Dakota, debtors have the right to request that debt collectors communicate with them only in writing at their home address. This letter serves as a formal request to debt collectors, emphasizing this legal right and the debtor's preference for written communication at their residential address. ---------------------------------------- [Debtor's Name] [Debtor's Address] [City, State, ZIP] [Date] [Debt Collection Agency's Name] [Agency's Address] [City, State, ZIP] Subject: Request for Written Communication only at Debtor's Home Address Dear [Debt Collection Agency's Name], I am writing this letter to formally request that all communication regarding my debt be conducted exclusively in writing and directed to my residential address, as provided above. It is my legal right under North Dakota law to make this request, and I kindly ask you to respect my preference accordingly. Please understand that this request is made in accordance with the federal Fair Debt Collection Practices Act (FD CPA) and the North Dakota Consumer Debt Collection Practices Act, which safeguard the rights of consumers like myself. I expect that all communication, including but not limited to any correspondence, notices, or other notices of debt collection, be sent to my residential address mentioned above. This includes any communication from your office, associated attorneys, or any other agents working on your behalf. By requesting written communication at my home address, I am not attempting to evade my financial obligations. I am merely exercising my legal right to control the manner in which I am contacted about my debt. Please acknowledge receipt of this letter within 15 days of your receipt, as required by law. Additionally, I request that any future communication regarding this debt be provided to me in writing only, to the aforementioned residential address. This will allow for clearer and documented correspondence between both parties. I appreciate your understanding and cooperation in this matter. Failure to comply with this request will be seen as a violation of my rights under both federal and North Dakota state laws, and proper legal action may be taken against your agency if necessary. Thank you for your immediate attention to this matter. Yours sincerely, [Debtor's Name] [Debtor's Contact Information] ---------------------------------------- Types of North Dakota Letters Informing Debt Collector to Only Communicate with Debtor in Writing: 1. North Dakota Standard Letter: This is the basic template for informing debt collectors to communicate only in writing at the debtor's home address, as described above. 2. North Dakota Legal Aid Letter: A letter provided by legal aid organizations in North Dakota that helps debtors in need of assistance in drafting a letter to debt collectors, ensuring compliance with state and federal laws. 3. North Dakota Attorney's Letter: A letter prepared and sent by an attorney on behalf of the debtor, emphasizing the debtor's right to limit communication to written correspondence at their residential address.
