West Virginia Sample Letter to Debt Collector Re Fair Debt Collection and Practices Act
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How to fill out Sample Letter To Debt Collector Re Fair Debt Collection And Practices Act?
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FAQ
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.
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.
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.
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.
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.
Debt Validation Letter Example I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies.
