New Hampshire Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt

State:
Multi-State
Control #:
US-DCPA-37
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Word; 
Rich Text
Instant download

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:

  • Falsely representing or implying that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person.
  • Falsely representing or implying that the consumer committed any crime or other conduct in order to disgrace the consumer.

    For instance, a debt collector may not: falsely allege that the consumer committed fraud; or misrepresent the law (e.g., tell a consumer they committed a crime by issuing a check that was dishonored when the law in their state applies only where there is a "scheme to defraud).
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    FAQ

    The Federal Trade Commission advises that you be as specific as possible in the letter about the reason why you think you do not owe this debt (or owe all of it, if you're disputing the amount), but you should give as little personal information as possible in the letter.

    If you have inaccurate or incomplete collection accounts on your credit report, the Fair Credit Reporting Act gives you the power to dispute this information directly with the credit bureaus or creditor. You can send a dispute using the dispute form on each credit bureau's website.

    Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

    The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

    Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

    A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

    You are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.

    Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.

    Your debt could be statute barred if, during the time limit:you (or if it's a joint debt, anyone you owe the money with), haven't made any payments towards the debt.you, or someone representing you, haven't written to the creditor saying the debt's yours.the creditor hasn't gone to court for the debt.

    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.

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    New Hampshire Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt