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Letter Informing Debt Collector of Unfair Practices in Collection...

New Jersey Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-20.4BG

Format:

Instant download

Description

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."

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FAQ

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 FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

The definition of debt collection harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment could come in the form of emails, texts, direct mail or talking to friends or neighbors about your debt.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

New Jersey consumers, like those in all states, are protected by the Federal Debt Collection Fair Practices Act. The law has restrictions for when and how debt collectors can contact consumers, and also has protections against deception and harassment by creditors.

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 FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, and engaging in unfair practices. A debt collector cannot harass or abuse any person when collecting debts.

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