South Carolina Notice to Debt Collector - Misrepresenting Someone as an Attorney

State:
Multi-State
Control #:
US-DCPA-35
Format:
Word; 
Rich Text
Instant download

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.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.

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FAQ

You have two tools you can use to dispute a debt: first, a debt validation letter the debt collector is required to send you, outlining the debt and your rights around disputing it; then, a debt verification letter. You can submit a written request to get more information and temporarily halt collection efforts.

File a complaint The DFPI regulates debt collection in the state of California. If a debt collector is contacting you or if a debt collector is lying or threatening you, you can quickly and easily file a complaint on the DFPI File a Complaint Webpage.

After the debt collector's response, the debt collector must not communicate or attempt to communicate further with the consumer unless the debt collector knows the consumer is not represented by an attorney with respect to the debt, either based on information from the consumer or the consumer's attorney, or unless an ... 1006.6 Communications in connection with debt collection. Consumer Financial Protection Bureau (.gov) ? regulations Consumer Financial Protection Bureau (.gov) ? regulations

If you believe you already paid the debt, do not owe the debt, the amount is incorrect, or that it's not even your debt, you may send a written request to the debt collector to dispute the debt or receive more information.

Under federal law, a debt collector must go through your attorney if they know that you have one, so it's a good idea ? if you get legal representation ? to tell the collector the name of the attorney who is representing you and how to contact them.

A person who collects or attempts to collect defaulted debts that the person has purchased, but who does not collect or attempt to collect, directly or indirectly, debts owed or due, or asserted to be owed or due, to another, and who does not have a business the principal purpose of which is the collection of debts, is ... § 1006.2 Definitions. | Consumer Financial Protection Bureau consumerfinance.gov ? regulations consumerfinance.gov ? regulations

You may also report your complaint to the FTC. The FTC enforces the federal Fair Debt Collection Practices Act, which prohibits abusive, unfair, or deceptive debt collection practices.

When It's Not Your Debt Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ... Dispute the debt on your credit report. ... Lodge a complaint. ... Respond to a lawsuit. ... Hire an attorney.

Four Steps to Take if You Received a Debt Collection Letter From a Lawyer Carefully Review the Letter to Determine the Claim. ... Consider Sending a Debt Validation Request. ... Gather and Organize All Relevant Financial Documents and Records. ... Be Proactive: Debt Does Not Go Away on its Own.

Are debt collectors persistently trying to get you to pay what you owe them? Use this 11-word phrase to stop debt collectors: ?Please cease and desist all calls and contact with me immediately.? You can use this phrase over the phone, in an email or letter, or both.

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South Carolina Notice to Debt Collector - Misrepresenting Someone as an Attorney