North Dakota Letter Informing Debt Collector that Debtor is Represented by an Attorney

State:
Multi-State
Control #:
US-01429BG
Format:
Word; 
Rich Text
Instant download

Description

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. 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.

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FAQ

The Consumer Protection and Antitrust Division protects North Dakota consumers from misleading, deceptive, or unlawful trade practices in connection with the sale or advertisement of goods or services by enforcing the state's antitrust laws and consumer fraud laws including, among others, false advertising, do-not-call ...

The statute of limitations for actions on notes and contracts, including credit card debt, is six years. N.D.

Within five days after a debt collector first contacts you, it must send you a written notice, called a "validation notice," that tells you (1) the amount it thinks you owe, (2) the name of the creditor, and (3) how to dispute the debt in writing.

The debt verification letter is a letter you write and send to the debt collector, disputing the debt (if you truly don't owe it or owe as much as the collector says you do). You'll also send this letter via certified mail with a return receipt request so you have a record of your communication back to the collector.

Under federal law, a debt collector must go through your attorney if they know that you have one, so it's a good idea ? if you get legal representation ? to tell the collector the name of the attorney who is representing you and how to contact them.

In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

Debt collectors in North Dakota must be licensed and bonded; noncompliance can result in felony charges. North Dakota imposes a six-year statute of limitations on most debts, preventing legal action beyond this period.

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North Dakota Letter Informing Debt Collector that Debtor is Represented by an Attorney