The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act also sets out strict rules regarding communicating with the debtor. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.
Washington Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act is a legal document filed by the defendants in response to a complaint made by a debtor in the state of Washington. This detailed description will outline the key elements of this legal document, including the relevant keywords associated with it. The purpose of the Washington Answer of Defendants to Complaint by Debtor is to present the defendants' response and defense against the allegations of harassment, usage of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act in their attempt to collect a debt. The document is divided into different sections, each addressing specific aspects of the complaint. These sections can include: 1. Caption: The caption contains the names of the parties involved in the lawsuit, the case number, the court name, and other relevant details. 2. Introduction: In this section, the defendants identify themselves and acknowledge that they are responding to the debtor's complaint. They may also state that they deny the allegations made against them. 3. General Denials: This section provides a general denial of all allegations made in the debtor's complaint. The defendants may deny having engaged in any harassment, using harassing and malicious information, and violating the Federal Fair Debt Collection Practices Act. 4. Affirmative Defenses: In this part, the defendants list the legal defenses they believe protect them from liability. These defenses can include, but are not limited to, the debtor's own actions, failure to state a claim, statute of limitations, waiver, or estoppel. 5. Counterclaims (if applicable): If the defendants believe they have a valid claim against the debtor related to the debt or any other matter, they may include it as a counterclaim. This counterclaim seeks relief or damages from the debtor. 6. Prayer for Relief: The prayer for relief outlines the specific requests the defendants make to the court. This can include a request for the dismissal of the debtor's complaint, compensation for attorney's fees and costs incurred in defending against the complaint, and any other appropriate relief deemed necessary by the defendants. Keywords associated with the Washington Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act may include: — Washington state la— - Defendant response — Complaint by debto— - Harassment claims — Malicious informatio— - Federal Fair Debt Collection Practices Act — Denial of allegation— - Affirmative defenses — Counterclaim— - Request for relief - Attorney's fees and costs Please note that this description is a general outline and may vary depending on the specifics of the case and the laws of Washington state. It is important for individuals involved in a legal dispute to seek advice from a qualified attorney for guidance specific to their situation.
