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.
South Dakota 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 In the case of a debtor filing a complaint against a defendant for harassment in attempting to collect a debt, using harassing and malicious information, and violating the Federal Fair Debt Collection Practices Act (FD CPA) in South Dakota, the defendant has the right to file an answer. This answer serves as a response to the allegations made by the plaintiff, denying or admitting the claims while presenting any relevant defenses or counterclaims. Keywords: South Dakota, answer, defendant, complaint, debtor, harassment, attempting to collect a debt, harassing information, malicious information, Federal Fair Debt Collection Practices Act, FD CPA, allegations, defenses, counterclaims. Types of South Dakota 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: 1. General Denial: The defendant may choose to generally deny all the allegations made by the plaintiff. This can be used when the defendant wants to contest the entire complaint or when specific denial of each claim is unnecessary. 2. Specific Denial: The defendant may specifically deny certain allegations made by the plaintiff. This is used when the defendant agrees with some parts of the complaint but disagrees with others. 3. Affirmative Defenses: The defendant can assert affirmative defenses to counter the allegations, such as the expiration of the statute of limitations, payment or satisfaction of the debt, lack of proper notice, or that the actions taken were in compliance with the FD CPA. 4. Counterclaims: The defendant may file counterclaims against the plaintiff, alleging that the plaintiff's actions have caused damages or harm to the defendant. These counterclaims can be related to violations of the FD CPA or any other relevant laws. 5. Request for Dismissal: The defendant may request the court to dismiss the complaint based on lack of jurisdiction, failure to state a claim, or any other valid reason for dismissal. 6. Request for Summary Judgment: If the defendant believes that there is no genuine dispute of material facts, and they are entitled to judgment as a matter of law, they may request the court for a summary judgment. It is important for the defendant to consult with an attorney familiar with South Dakota law and the FD CPA to ensure the most appropriate answer is filed in response to the complaint. This answer is crucial in defending against allegations of harassment, malicious information, and violations of the FD CPA in South Dakota.
