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 also sets out strict rules regarding communicating with the debtor. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.
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.
The Nebraska Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act is a legal document filed by the defendants in response to a complaint alleging harassment and violation of the Federal Fair Debt Collection Practices Act (FD CPA) in the debt collection process. This answer serves as a defense and allows the defendants to present their arguments and evidence disputing the allegations. Keywords: Nebraska, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Using Harassing and Malicious Information, Violating Federal Fair Debt Collection Practices Act, FD CPA. Different types of the Nebraska Answer of Defendants to Complaint by Debtor for Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act can include: 1. General denial: The defendants may assert a general denial to refute all the allegations made by the debtor in the complaint. This form of response implies that the defendants deny any misconduct or violations as claimed. 2. Affirmative defenses: The defendants may present various affirmative defenses to justify their actions or dispute the allegations. These defenses could include arguments such as the debtor does not owe the alleged debt, the statute of limitations has expired, or the defendants' actions fall within exemptions provided by the FD CPA. 3. Lack of jurisdiction: The defendants may challenge the court's jurisdiction over the matter by arguing that the alleged violations did not occur within the court's jurisdiction or that the court lacks the authority to adjudicate the case. 4. Counterclaims: In addition to filing an answer, the defendants might also include counterclaims against the debtor. These counterclaims could be related to the alleged debt or any other relevant legal grounds, seeking relief or damages from the debtor. 5. Request for dismissal: The defendants may request the court to dismiss the debtor's complaint entirely if they believe that the allegations lack legal merit or fail to meet the necessary criteria for a valid claim. It's important to note that legal proceedings can vary, and the specific types and terminology used in the Nebraska Answer of Defendants to Complaint by Debtor for Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act may differ depending on the circumstances and court guidelines. It is recommended to consult an attorney for accurate and tailored advice related to your situation.
