South Carolina Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt. 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.


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.

A South Carolina Complaint by Debtor for Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act is a legal document filed by a debtor in South Carolina who claims that creditors or debt collectors have been intentionally posting notices of indebtedness in and around their house, causing mental anguish. The complaint also asserts that this action violates the Federal Fair Debt Collection Practices Act (FD CPA), which establishes guidelines and regulations to protect debtors from abusive and unfair debt collection practices. Keywords: South Carolina, complaint, debtor, posting, notices of indebtedness, plaintiff's house, intentional infliction of mental anguish, violation, Federal Fair Debt Collection Practices Act, FD CPA. Some potential types or variations of this complaint may include: 1. South Carolina Complaint by Debtor Alleging Posting of Notices of Indebtedness: This type of complaint addresses the act of creditors or debt collectors posting notices of indebtedness around the plaintiff's house. It focuses solely on the posting action without mentioning mental anguish or FD CPA violations. 2. South Carolina Complaint by Debtor for Intentional Infliction of Mental Anguish: This type of complaint specifically highlights the intentional infliction of mental anguish caused by the posting of notices of indebtedness in and around the plaintiff's house. It may not necessarily reference FD CPA violations. 3. South Carolina Complaint by Debtor Asserting Violation of the FD CPA: This type of complaint centers on the violation of the Federal Fair Debt Collection Practices Act by creditors or debt collectors due to their actions, which may include posting notices of indebtedness in and around the plaintiff's house. It focuses primarily on FD CPA violations and their repercussions. 4. South Carolina Complaint by Debtor Alleging Posting of Notices of Indebtedness and FD CPA Violations: This type of complaint combines the allegations of posting notices of indebtedness and FD CPA violations. It encompasses both the act of posting and the violation of the federal law, providing a comprehensive legal argument. Remember, specific variations of this South Carolina complaint may exist, depending on the circumstances and details of each case.

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  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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FAQ

For example: A debt collector may not: Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person. Use obscene, profane, or other language that abuses the hearer or reader.

In general, under the Debt Collection Rule, a debt collector must not engage in conduct in connection with the collection of a debt if the natural consequence of that conduct is to harass, oppress, or abuse any person. 12 CFR § 1006.14(a).

Reporting of Medical Debt: The three major credit bureaus (Equifax, Transunion, and Experian) will institute a new policy by March 30, 2023, to no longer include medical debt under a dollar threshold (the threshold will be at least $500) on credit reports.

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.

This is where we get our "7-in-7" concept. You can attempt to contact a consumer about 1 debt 7 times in 7 days. And it's the "1 debt" that's key here. Phone numbers do not matter; how many debts your agency has for the consumer does.

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and may also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

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.

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South Carolina Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act