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.
Title: Pennsylvania Answer of Defendants to 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 Keywords: Pennsylvania, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Using Harassing and Malicious Information, Violating, Federal Fair Debt Collection Practices Act Description: In Pennsylvania, the Answer of Defendants to 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 is a legal response provided by the defendants named in a lawsuit filed by a debtor. This Answer offers a detailed explanation and defense against the allegations of harassment, use of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act. Pennsylvania's legal system provides different types of answers that defendants can file in response to a debtor's complaint. Some of these include: 1. General Denial: This type of answer refutes each specific allegation made by the debtor in the complaint. The defendants typically deny any harassment, use of harassing and malicious information, or violation of the Federal Fair Debt Collection Practices Act. 2. Affirmative Defenses: Defendants may assert affirmative defenses, such as the debtor's failure to state a valid cause of action or the expiration of the statute of limitations. They may argue that the alleged activities were lawful, necessary, or justified, thereby challenging the validity of the debtor's claims. 3. Counterclaims: Defendants can also file counterclaims in their answer, alleging that the debtor engaged in misconduct or violated contractual obligations, which resulted in damages suffered by the defendants. Counterclaims seek legal restitution or relief from the debtor. 4. Cross-claims: If multiple defendants are involved in the lawsuit, they may file cross-claims against each other. This occurs when one defendant alleges that another defendant is primarily or solely responsible for the debtor's claims, thus shifting liability between co-defendants. Pennsylvania's legal system aims to ensure a fair and unbiased resolution of disputes between debtors and defendants. It is crucial for defendants to consult with experienced legal professionals to help prepare an appropriate and comprehensive answer, addressing all relevant aspects of the complaint while adhering to the requirements set forth by the court. Remember, this description provides general information and should not be considered legal advice; it is always recommended seeking legal counsel for specific legal matters and guidance related to a Pennsylvania Answer of Defendants to 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.
