Rhode Island Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

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Multi-State
Control #:
US-DCPA-31
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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.

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:
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment.

    A debt collector may not shame a consumer into paying their debt by publicizing it.

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    FAQ

    The law makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also cannot lie or use profane or obscene language. Additionally, debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court.

    Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

    In Rhode Island, creditors have 10 years to sue you for an unpaid loan, promissory note or credit card. After the statute of limitations is up, a creditor can still call you and send bills.

    In most states, they run between four and six years after the last payment was made on the debt. This means that even a debt that is older than that may still be able to be collected on if you've made a payment sometime in the last four to six years.

    5 Things Debt Collectors Are Forbidden to DoPretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement.Threaten to Have You Arrested.Publicly Shame You.Try to Collect Debt You Don't Owe.Harass You.

    The FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, and engaging in unfair practices. A debt collector cannot harass or abuse any person when collecting debts.

    For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.

    Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score.

    If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.

    Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

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    Rhode Island Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment