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Complaint by Debtor for Harassing and Malicious Telephone Calls...

New Jersey Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act

Category:

Collections - Harassment

State:

Multi-State

Control #:

US-01420BG

Format:

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. 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.

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint By Debtor For Harassing And Malicious Telephone Calls Regarding Debt, Invasion Of Right To Privacy And Violation Of The Federal Fair Debt Collection Practices Act?

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FAQ

Ing to the Federal Trade Commission, a debt collector may almost certainly call you more than once, but six calls per day is probably too many. Between these extremes, it depends on the facts of your particular case.

Number of times a debt collector can call before it is considered harassment. ing to the CFPB's recently-established Debt Collection Rule, if a particular debt collector calls more than seven times in seven days to try and collect on a debt, they are deemed to be in violation of the law and are harassing 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.

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

§ 808. (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Use of threat, violence or other criminal means to harm a person, reputation or property. Use of obscene or profane language. False representation that the debt collector represents a state or federal government. Misleading information on the amount or legal status of a debt.

There are laws to prohibit debt collectors from placing repeated or continuous telephone calls to annoy, abuse, or harass you or others who share your phone number. They're also prohibited from communicating with you at times or places that are inconvenient for 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.

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