Oregon Notice of Violation of Fair Debt Act - Notice to Stop Contact

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Multi-State
Control #:
US-DCPA-11
Format:
Word; 
Rich Text
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This form is for use by debtors in unfair collection practice situations, a Notice of Violation of Fair Debt Act regarding a Notice to Stop Contact. It is available in Word or Rich Text format.
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  • Preview Notice of Violation of Fair Debt Act - Notice to Stop Contact
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How to fill out Notice Of Violation Of Fair Debt Act - Notice To Stop Contact?

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FAQ

For example, if a person tells a debt collector to "stop calling," this statement means the person has requested that the debt collector not use telephone calls to communicate with the person and prohibits the debt collector from communicating or attempting to communicate through telephone calls.

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.

Sending a Cease-and-Desist Letter Sending a debt verification letter or a simple cease-and-desist letter can stop debt collectors from contacting you. There are many templates available online including those from the Consumer Financial Protection Bureau (CFPB).

Time-barred debt can have a negative impact on your credit score if it's still listed on your credit report as past due and you choose not to make a payment. Even if your debt meets the statute of limitation requirements in your state, the credit reporting agencies won't remove the negative item for seven years.

Simply stating that the debt is time-barred should be enough to get the case thrown out. It's against the Fair Debt Collection Practices Act for a debt collector to sue you for a time-barred debt, so you can also file a complaint with the CFPB, the FTC and your state attorney general's office.

Collection agencies cannot report old debt as new. If a debt is sold or put into collections, that is legally considered a continuation of the original date. It may show up multiple times on your credit report with different open dates, but they must all retain the same delinquency date.

Here's how you stop debt collection calls for someone else's debt:Answer the phone and explain you're not the person they're looking for.Tell them that they are calling the wrong number.Send a cease and desist letter to them.If they continue to call, file a complaint with the FTC.

Collection Activity Outside the Statute of LimitationsDebt collectors may continue to contact you and request payment, even after the statute of limitations has run. In simple terms, they can ask you to pay, and you can choose to pay, but they can't use the legal system to force you to pay.

You have the right to tell a debt collector to stop communicating with you. To stop communication, send a letter to the debt collector and keep a copy of the letter. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

Unfortunately, debt collectors may still try to contact you about old debts that are time-barred by the statute of limitations. This is especially true for credit card debt.

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Oregon Notice of Violation of Fair Debt Act - Notice to Stop Contact