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.
Title: Understanding the New Jersey Answer of Defendants to Complaint by Debtor for Harassment in Debt Collection Introduction: The New Jersey 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 that allows defendants to respond to allegations of harassment and violations under the Fair Debt Collection Practices Act in the state of New Jersey. Keywords: New Jersey, Answer, Defendants, Complaint, Debtor, Harassment, Debt Collection, Harassing Information, Malicious Information, Federal Fair Debt Collection Practices Act 1. Understanding the New Jersey Answer to a Complaint: — In response to a debtor's complaint alleging harassment in debt collection, defendants in New Jersey have the right to respond with a detailed answer. — The answer should outline the defendant's position on the allegations, legal defenses, and any counterclaims if applicable. 2. Overview of Harassment Allegations: — Harassment in debt collection refers to any actions by defendants that are deemed abusive, misleading, or designed to intimidate the debtor. — Defendants in New Jersey should carefully address each allegation of harassment and explain their actions in a clear and concise manner. 3. Addressing the Use of Harassing and Malicious Information: — If the debtor claims that the defendant used harassing or malicious information during the debt collection process, the defendant should provide a comprehensive response. — This response should include any evidence to refute the accusations, as well as a demonstration of how the defendant adhered to the legal requirements and standards set by the Fair Debt Collection Practices Act. 4. Violations of the Federal Fair Debt Collection Practices Act: — The Federal Fair Debt Collection Practices Act (FD CPA) is a crucial federal law that protects debtors from abusive and unfair debt collection practices. — If the debtor alleges violations of the FD CPA, defendants in New Jersey must address these claims in their answer, including specific actions taken to comply with the Act. 5. Possible Types of New Jersey Answers to a Debt Collection Complaint: — General Denial: Defendants can issue a general denial in which they deny all allegations made by the debtor in the complaint. — Affirmative Defenses: Defendants may use affirmative defenses to refute the allegations and demonstrate that they have acted within the confines of the law. — Counterclaims: In certain scenarios, defendants may counterclaim against the debtor, asserting their own claims or seeking any damages caused by the debtor's actions. Conclusion: The New Jersey 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 vital legal response to protect defendants' rights in debt collection cases. By carefully addressing the allegations, defendants can present their side of the story, refute any wrongful claims, and assert their adherence to the law.
