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.
Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes posing a lengthy series of questions or comments to the consumer without giving the consumer a chance to reply.
Notice to Debt Collector - Posing Lengthy Series of Questions or Comments
Category:
State:
Multi-State
Control #:
US-DCPA-30
Format:
Word;
Rich Text
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Description
Definition and meaning
The Notice to Debt Collector - Posing Lengthy Series of Questions or Comments is a formal communication sent to a debt collector who has violated the Fair Debt Collection Practices Act (FDCPA) by asking too many questions or making excessive comments without allowing the consumer an opportunity to respond. This notice serves to inform the debt collector of their misconduct and seek resolution in a professional manner.
Who should use this form
This form is suitable for individuals who have received communications from debt collectors that include an excessive number of inquiries or comments, specifically those that do not permit a response. It is designed for consumers who wish to formally address this violation of their rights under the FDCPA and seek to rectify the situation.
Legal use and context
Under Section 806 of the FDCPA, debt collectors are prohibited from engaging in practices that harass or oppress individuals while attempting to collect debts. This includes asking a lengthy series of questions without allowing for consumer reply, which can be regarded as a form of harassment. Filing a Notice to Debt Collector is a step that consumers can take to assert their rights and document any inappropriate conduct by debt collectors.
Key components of the form
The essential components of the Notice to Debt Collector include:
- Sender's Information: Name and contact details of the consumer sending the notice.
- Debt Collector's Information: Name and address of the debt collector.
- Case Number: Related reference number for the debt involved.
- Description of Violation: A clear account of how the debt collector violated Section 806.
- Request for Corrective Action: A statement urging the debt collector to cease the harassing behavior.
Common mistakes to avoid when using this form
When completing the Notice to Debt Collector, it is important to avoid certain common pitfalls:
- Failing to provide accurate details about the violation.
- Not including your contact information or the debt collector's details.
- Using overly complex language that may confuse the reader.
- Neglecting to send the letter via certified mail to ensure proof of delivery.
What to expect during notarization or witnessing
If you opt to have your Notice to Debt Collector notarized, you will need to sign the document in the presence of a notary public, who will verify your identity and witness your signature. This step is important for adding an extra layer of credibility and formality to your communication.
Key takeaways
Filing a Notice to Debt Collector is a crucial step in asserting your rights under the FDCPA. Remember to provide clear information, describe the violation accurately, and send your notice through certified mail. Doing so helps protect you against abusive collection practices and encourages proper conduct from debt collectors moving forward.
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FAQ
Consumers have 30 days from the initial communication about the debt (for example, the first letter received explaining the debt is in collections) to call the collector and ask for the debt to be verified in writing. The collector must return your request before it can start trying to collect the debt again.
If you discover that an old debt has reappeared on your credit report as a new account or contains inaccurate information about its age or status, it might be because a debt buyer "parked" the debt on your credit report, or re-aged the status of your debt. These debt collection practices might be illegal.
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. They also cannot make repeated calls over a short period to annoy or harass you.
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.
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.
A collection account is considered a continuation of the original debt. It is a violation of law for a collection agency to report old past-due amounts as if they are new again when the debts are sold.Check your credit report and make sure the old debt not some more recent one is actually showing on your report.
Some debt collectors may try to report a debt on a consumer's credit report twice. Doing so can make a single bad debt hurt twice as much. Though some consumers may have multiple debts owed to the same debt collector or creditor (which can be reported separately), each debt can only be reported one time.
Unpaid collection accounts can get sold from debt collector to another, leaving your credit report with multiple collection accounts for one debt. It is up to you to review your credit reports to make sure you do not have multiple debt collectors reporting for the same debt.
This is important: You have just 30 days to respond to a debt validation letter. If you don't dispute the debt within 30 days, the debt is assumed valid. That means the debt collector can continue to contact you. You can send a dispute after 30 days.