Nevada 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

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Multi-State
Control #:
US-01422BG
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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. 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.


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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  • Preview 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
  • Preview 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
  • Preview 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

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FAQ

A debt collector may not engage in any conduct with the purpose to harass, oppress, or abuse any person in connection with the collection of a debt, including: Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person. Threats to contact third parties.

Report Harassment to Authorities Normally, a debt collection agency tries to abide by the law, but of course, there are times when they do not. Most agencies will cease the illegal activity and/or harassment after your letter (as they've become aware that you now realize your rights and the specific laws).

If you ignore a debt in collections, you can be sued and have your bank account or wages garnished or may even lose property like your home. You'll also hurt your credit score. If you aren't paying because you don't have the money, remember that you still have options!

Ultimately, though, your creditor or debt collector must sue you in order to force you to pay any debt. Of course, the creditor or debt collector can report the delinquent debt to credit reporting agencies before filing suit.

Debt collectors may not threaten arrest or legal action that is not legitimately being considered. Debt collectors may not use abusive or profane language when attempting to collect a debt; they may not pretend to be lawyers or police officers and they can't submit false information to credit reporting agencies.

The Statute of limitations for debts based on verbal agreements in Nevada is four years, compared to six years for written contracts. The statute of limitations on open-ended accounts and accounts with revolving balances, such as credit cards, is four years.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

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Nevada 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