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.
Texas Notice to Debt Collector - Misrepresenting Someone as an Attorney
Category:
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.
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How to fill out Notice To Debt Collector - Misrepresenting Someone As An Attorney?
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FAQ
Falsely represent or imply that the consumer committed a crime or other conduct to disgrace the consumer. Communicate, or threaten to communicate, credit information that the debt collector knows or should know to be false, including not identifying disputed debts as such.
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.
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
It's very simple: Someone contacts you ? often by phone, but also by text message, fax, mail or email ? and claims that you owe a debt. The debt may be completely , canceled, discharged, forgiven or beyond the period for collection.
Debt collectors are not allowed to falsely claim or imply that: They are attorneys or government representatives. You have committed a crime by not paying a debt. They operate or work for a credit reporting company.
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.
Your answer can be a handwritten letter to the court that says you do not agree with the lawsuit. Include your case (cause) number and mailing address and any defenses you may have to the lawsuit; for example, the amount they claim you owe is incorrect, the account isn't yours, or the debt is older than 4 years.
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.
