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Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
Control #:
US-DCPA-28
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 harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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FAQ

Create a payment plan. Pay it off in one lump sum. Settle the debt for less than you owe.

Text Messages and Emails A third-party debt collector is permitted to send you electronic messages including texts and emails. Each of these messages must include instructions for a consumer to opt out of receiving those types of messages.

Yes. When a debt is sold to a collection agency, you then owe the money to them instead, meaning you still have to pay what you owe. This is the case whether your debt has been sold to an agency, or the original lender has passed it to one to act on their behalf.

Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.

Text Messages and Emails A third-party debt collector is permitted to send you electronic messages including texts and emails. Each of these messages must include instructions for a consumer to opt out of receiving those types of messages.

Don't ignore them. Debt collectors will continue to contact you until a debt is paid. Find out debt information. Get it in writing. Don't give personal details over the phone. Try settling or negotiating.

If you pay the collection agency directly, the debt is removed from your credit report in six years from the date of payment. If you don't pay, it purges six years from the last activity date, but you may be at risk for wage garnishment.

The law: Collectors can call third parties such as family members, neighbors, friends, or co-workers only once to locate the debtor. When they do, they are not allowed to reveal the debt.. They can only make contact again under specific circumstances.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties.The collector cannot ask the third-party to pass on a message, ask for other information, or harass the third-party.

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Notice to Debt Collector - Unlawful Messages to 3rd Parties