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Complaint by Debtor For Posting of Notices of Indebtedness in and...

West Virginia Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

Q: Can a debt collector talk to anyone else about my debt?

Generally, a debt collector can&#039;t discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)

Q: What is the Fair Debt Collection Practices Act in West Virginia?

West Virginia law, specifically WV Code 46A-2-127, states that debt collectors should not deceive, mislead, or perform fraudulent activities when collecting and attempting to collect a debt. Examples of these bad business practices include: Refusal to give their true name and hide behind the company&#039;s name.

Category:

Collections - Harassment

State:

Multi-State

Control #:

US-01421BG

Format:

Instant download

Description

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.

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How to fill out Complaint By Debtor For Posting Of Notices Of Indebtedness In And Around Plaintiff's House, Causing Intentional Infliction Of Mental Anguish, And Violating The Federal Fair Debt Collection Practices Act?

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FAQ

A debt collector may not harass, abuse, mislead, deceive, or be unfair to you. A federal law called the Fair Debt Collection Practices Act makes this illegal. This law does not cover business or commercial debts. This law applies to debt collectors but doesn't apply to creditors who collect their own debts.

The statute of limitations in West Virginia for debt will differ based on the type of debt that is being considered. Auto loan debt has a statute of limitations of four years, state tax debt has five years, and the statutes of limitations for credit cards and medical debt is ten years.

Statutes of Limitation in West Virginia: At a Glance Code SectionWest Virginia Code § 55-2-101, et seq.: Limitation of Actions and SuitsCollection of Debt on AccountFive years (W.V. Code § 55-2-6)Judgments10 yrs. for foreign judgments (W.V. Code § 55-2-13)8 more rows

Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)

Creditors have five (5) years to file their debt collection suit for the sum of money owed on an open account. If the debt is for the non-payment of an outstanding balance on a credit card, then the creditor has ten (10) years to file a collection lawsuit against the debtor.

West Virginia law, specifically WV Code §46A-2-127, states that debt collectors should not deceive, mislead, or perform fraudulent activities when collecting and attempting to collect a debt. Examples of these bad business practices include: Refusal to give their true name and hide behind the company's name.

West Virginia deceptive trade practices laws are stated in West Virginia Consumer Credit and Protection Act (?Act?). The Act is stated in West Virginia Code, Chapter 46A. Section 46A-6-102 prohibits false advertising. Under Section 46A-6-106 a consumer who has suffered any ascertainable loss can bring an action.

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West Virginia Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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