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 sets forth strict rules regarding communicating with the debtor.
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. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.
A Puerto Rico Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor is a formal document that outlines the specific days and times during which a debt collector is allowed to contact a debtor in Puerto Rico. This letter serves as a way for debtors to assert their rights and provide clear guidelines for communication, ensuring they are not harassed or contacted at inappropriate times. Here is a detailed description of what a Puerto Rico Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor should include: 1. Heading: Begin the letter with a clear heading that states "Puerto Rico Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor." 2. Debtor's Information: Include the debtor's full name, mailing address, and contact details at the beginning of the letter. 3. Debt Collector's Information: Provide the complete name, address, and contact information of the debt collector who is attempting to collect the debt. 4. Reference: Mention any previous communication or correspondence reference numbers to ensure accurate identification of the debt account. 5. Notification of Rights: Start by addressing the debtor's rights and emphasizing that they have the right to control the frequency and timing of contact from the debt collector under the relevant laws and regulations. 6. Clear Instructions: Specify the days of the week and time periods during which the debt collector is permitted to contact the debtor. For example, you may state that the debtor can be contacted only from Monday to Friday between 8 am and 6 pm local time. 7. Restriction on Contact Methods: Optionally, specify preferred contact methods, such as phone calls, emails, or mail, and mention if any specific method should be avoided. 8. Restrictions on Third-Party Contact: If applicable, state that the debt collector should avoid contacting any third parties, such as family members, friends, or colleagues, except for the debtor's attorney. 9. Consequences of Violation: Inform the debt collector of the legal consequences if they fail to comply with the outlined days and times for contact, emphasizing that any violation may constitute harassment or unfair debt collection practices according to the Puerto Rico laws. 10. Request for Confirmation: Close the letter by requesting the debtor to confirm their receipt and understanding of the instructions by signing and returning a copy of the letter within a specified timeframe. Different types or variations of the Puerto Rico Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor may arise depending on the specific needs and circumstances. Some examples could include: — Conditional Contact: This type of letter may include additional conditions or limitations, such as allowing contact only if the debt collector provides certain information or proof of debt validity. — Legal Representation: If the debtor has legal representation, a modified letter can address the attorney's contact information and establish that all future communications should be directed to them. — Cease and Desist: In cases where the debtor wishes to cease all communication from the debt collector, an alternative variation of the letter may include a "cease and desist" provision. This explicitly instructs the collector to stop all communication attempts. Remember, it is important to consult legal counsel or familiarize yourself with Puerto Rico debt collection laws to ensure the letter meets all legal requirements and complies with relevant regulations.
