Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes 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.
New Mexico Notice to Debt Collector - Unlawful Repeated or Continuous Telephone Calls
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Multi-State
Control #:
US-DCPA-32
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Word;
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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.
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How to fill out Notice To Debt Collector - Unlawful Repeated Or Continuous Telephone Calls?
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FAQ
Dear debt collector: Pursuant to my rights under the state and federal fair debt collection laws, I hereby request that you immediately cease all calls to your phone number in relation to the account of wrong person's full name. This is the wrong number to contact that person.
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Also, debt collectors can't call you numerous times a day. Doing so is considered a form of harassment by the Federal Trade Commission (FTC) and is explicitly not allowed.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
While an account in collection can have a significant negative impact on your credit, it won't stay on your credit reports forever. Accounts in collection generally remain on your credit reports for seven years, plus 180 days from whenever the account first became past due.
The only permissible means of communicating is by regular mail. Alberta and Nova Scotia have a similar "three strikes" rule limiting the amount of contact from collectors within a seven-day consecutive period.
The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.
Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number.
Even if the debt is yours, you still have the right not to talk to the debt collector and you can tell the debt collector to stop calling you. However, telling a debt collector to stop contacting you does not stop the debt collector or creditor from using other legal ways to collect the debt from you if you owe it.
Under the Fair Credit Reporting Act, debts can appear on your credit report generally for seven years and in a few cases, longer than that. Under state laws, if you are sued about a debt, and the debt is too old, you may have a defense to the lawsuit.
