Utah Notice to Debt Collector - Falsely Representing a Debt

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Multi-State
Control #:
US-DCPA-36
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Word; 
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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 the character, amount, or legal status of any debt.

Some states have a statute of limitations limiting the length of time a debt may be collected. If a debt is older than the statute of limitations, it is considered "time barred." A debt collector might say you are legally obligated to pay a time barred debt. If so, they are falsely representing the legal status of the debt.

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FAQ

Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

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.

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.

The name of the creditor seeking payment. A statement that the debt is assumed valid by the collector unless you dispute it within 30 days of the first contact. A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

This finite period of time is known as the statute of limitations. In Utah, for most debts, a creditor has six years to take legal action on that unpaid debt. After the statute of limitations expires, a creditor or debt collector can no longer sue you for the debt.

9 Ways to Outsmart Debt CollectorsDon't Get Emotional.Make Sure the Debt Is Really Yours.Ask for Proof.Resist the Scare Tactics.Be Wary of Fees.Negotiate.Call In Backup.Know the Time Limits.More items...?

Here are a few suggestions that might work in your favor:Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.

Write and Mail a Letter State that you're requesting validation of the debt or removal of the debt from your credit report. Then mail the letter and request a return receipt so you have proof that you sent it and that the collection agency received it.

More info

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Utah Notice to Debt Collector - Falsely Representing a Debt