New Hampshire Notice to Debt Collector - Falsely Representing a Document's Authority

State:
Multi-State
Control #:
US-DCPA-39
Format:
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 using a document designed to falsely imply that it issued from a state or federal source or creates a false impression as to its source, authorization or approval.

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FAQ

Many people are surprised to learn that debt collectors can sue debtors for the balance of any outstanding debt. Many times, debt collection agencies will bring a lawsuit for breach of contract because when individuals don't pay the debt they agreed to pay.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

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.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

ResponsibilitiesKeep track of assigned accounts to identify outstanding debts.Plan course of action to recover outstanding payments.Locate and contact debtors to inquire of their payment status.Negotiate payoff deadlines or payment plans.Handle questions or complaints.Investigate and resolve discrepancies.More items...

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

The court can make an order that the employer deduct an amount from the debtor's salary (emoluments attachment order) and pay it towards his debt. If the debtor has money in a savings or investment account, an application can be made whereby the bank is order to pay the amount directly over to the creditor.

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'.

Debt collection agencies don't have any special legal powers. They can't do anything different to the original creditor. Collection agencies will use letters and phone calls to contact you. They may contact by other means too, such as text or email.

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New Hampshire Notice to Debt Collector - Falsely Representing a Document's Authority