New Mexico Notice letter to debt collector of Section 806 violation - harassment

State:
Multi-State
Control #:
US-DCPA-18
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 harass, oppress, or abuse any person in connection with the collection of a debt.

Examples include:

  • Using threats (including implied threats), violence, or other criminal means to harm anyones reputation, property, or physical person.
  • Using obscene or profane language or language likely to abuse the hearer or reader. Such language includes abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets.
  • Posing a lengthy series of questions or comments to the consumer without giving the consumer a chance to reply.
  • Leaving telephone messages with neighbors when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment. A debt collector may not shame a consumer into paying their debt by publicizing it.
  • Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
  • Placing telephone calls without meaningful disclosure of the caller's identity.

    Use this form to get a debt collector to stop harassing, opressing, or abusing you.

    This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    A debt collector may state that certain action is possible, if it is true that such action is legal and is frequently taken by the collector or creditor with respect to similar debts; however, if the debt collector has reason to know there are facts that make the action unlikely in the particular case, a statement that

    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any

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

    The third collection letter should include the following information:Mention of all previous attempts to collect.Invoice number and amount.Original invoice due date.Current days past due.Instructions on what they should do next.A warning of the impending consequences.More items...

    The validation notice must be provided either (1) in the debt collector's initial communication to the consumer or (2) within 5 calendar days after the initial communication.

    § 1006.34 Notice for validation of debts.Deceased consumers.Bankruptcy proofs of claim.In general.Subsequent debt collectors.Last statement date.Last payment date.Transaction date.Assumed receipt of validation information.More items...

    I am responding to your contact about collecting a debt. You contacted me by phone/mail, on date and identified the debt as any information they gave you about the debt. I do not have any responsibility for the debt you're trying to collect.

    In the letter, reference the date of the initial contact and the method, for example, "a phone call received from your agency on April 25, 2019." You also need to provide a statement that you're requesting validation of the debt. Do not admit to owing the debt or make any reference to payment.

    If, within the 30-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original

    How to Write a Collection LetterKeep it short and to the point; do not use complicated language.Type the letter; do not handwrite it.Use company letterhead.Include a copy of the invoice(s) or a summarized statement if multiple outstanding invoices.More items...?20-Jun-2018

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    New Mexico Notice letter to debt collector of Section 806 violation - harassment