Tennessee Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt

State:
Multi-State
Control #:
US-DCPA-37
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 nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person.
  • Falsely representing or implying that the consumer committed any crime or other conduct in order to disgrace the consumer.

    For instance, a debt collector may not: falsely allege that the consumer committed fraud; or misrepresent the law (e.g., tell a consumer they committed a crime by issuing a check that was dishonored when the law in their state applies only where there is a "scheme to defraud).
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    FAQ

    Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

    Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance or is greater than seven years old, you can file a dispute.

    No. Debt collectors are prohibited from deceiving or misleading you while trying to collect a debt. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

    Can You Sue a Company for Sending You to Collections? Yes, the FDCPA allows for legal action against certain collectors that don't comply with the rules in the law. If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector.

    Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

    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.

    Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

    If a company or bill collector damages your credit through no fault of your own, you have the right to sue and potentially win a settlement. Many civil courts are starting to recognize good credit as a valuable asset.

    There is a statute of limitations on debt in Tennessee which is 6 years. This means that if the debt does not get closed out in six years, a lender is not eligible to sue the person to collect the debt.

    Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

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    Tennessee Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt