The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt. 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.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Wisconsin Complaint by Debtor: Notices of Indebtedness Posting and Violation of Fair Debt Collection Practices Act Keywords: Wisconsin complaint, debtor, posting of notices of indebtedness, intentional infliction of mental anguish, violation, Federal Fair Debt Collection Practices Act Introduction: In the state of Wisconsin, debtors who have been subjected to the posting of notices of indebtedness in and around their homes can file a legal complaint against the debtor and seek justice for the intentional infliction of mental anguish. Such actions may also violate the federal Fair Debt Collection Practices Act (FD CPA), which protects debtors from unfair and abusive debt collection practices. This article aims to provide a detailed description of the Wisconsin complaint by the debtor for posting of notices of indebtedness and the violation of the FD CPA. Types of Wisconsin Complaint by Debtor for Posting of Notices of Indebtedness: 1. Complaint for Posting of Notices of Indebtedness: This type of complaint focuses on the debtor being subjected to the posting of notices of indebtedness in and around their house. It highlights the distress caused to the debtor due to these actions and seeks legal remedies to address the intentional infliction of mental anguish. 2. Violation of the Federal Fair Debt Collection Practices Act: Another type of complaint revolves around the violation of the FD CPA by the debt collector. This complaint emphasizes that the posting of notices of indebtedness may constitute unfair and abusive debt collection practices, which are prohibited by federal law. It seeks appropriate legal action against the debt collector for violating the debtor's rights under the FD CPA. Main Elements of the Complaint: 1. Plaintiff's Identifying Information: The complaint includes the debtor's full name, address, contact information, and any relevant identification numbers required by the court. 2. Defendant's Information: It provides detailed information about the debtor's creditors, debt collectors, or any other relevant party involved in the posting of notices of indebtedness. 3. Allegations of Posting of Notices of Indebtedness: The complaint provides a detailed description of the debtor's claim, including the dates, locations, and circumstances under which the notices of indebtedness were posted in and around the plaintiff's house. 4. Intentional Infliction of Mental Anguish: It outlines the emotional distress caused by the actions described above, demonstrating that the debtor has suffered severe emotional distress due to the intentional act of the creditor or debt collector. 5. Violation of the Federal Fair Debt Collection Practices Act: The complaint identifies specific provisions of the FD CPA that have been violated, such as falsely representing the character or amount of the debt or using unfair or unconscionable means to collect a debt. It highlights how the posting of notices of indebtedness constitutes a violation of the debtor's rights under this federal law. 6. Request for Relief: The complaint concludes by seeking legal remedies, including monetary compensation for the emotional distress caused, an injunction to stop the posting of notices, and any other appropriate relief deemed necessary by the court. Conclusion: If a debtor in Wisconsin has been subjected to the posting of notices of indebtedness in and around their house, causing intentional infliction of mental anguish, and a violation of the FD CPA, they can pursue legal action. By filing a detailed complaint, debtors can assert their rights, hold debt collectors accountable, and seek justice for the harm they have experienced.
