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West Virginia Notice to Debt Collector - Falsely Representing a Document's Authority

State:
Multi-State
Control #:
US-DCPA-39
Format:
Word; 
Rich Text
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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 using a document designed to falsely imply that it issued from a state or federal source or creates a false impression as to its source, authorization or approval.

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FAQ

Dealing with letters from creditorsSimply write 'not at this address' on the envelope and return to sender. You don't have to pay for the postage.If you continue to receive letters, you can then send a written complaint to the company. Find out about making complaints to creditors.

The short and simple answer is that no, you cannot be held responsible for another person's debts. This analysis changes, however, if you have signed as a responsible party, either as a co-signer or guarantor on the debt.

List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item. 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.

Options include working out a payment plan with creditors, enrolling in a debt management plan, or negotiating a debt settlement. Hiring a debt settlement company can cause severe damage to your credit scores.

In Virginia, the applicable statute of limitations for credit card debts, mortgage debts, and medical debts is five years. After the statute of limitations has expired, a creditor or debt collector can no longer file a collection lawsuit related to that debt.

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

You can ask the current creditor either the original creditor or a debt collector for what's called a goodwill deletion. Write the collector a letter explaining your circumstances and why you would like the debt removed, such as if you're about to apply for a mortgage.

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...?

If you need to take a break, you can use this 11 word phrase to stop debt collectors: Please cease and desist all calls and contact with me, immediately. Here is what you should do if you are being contacted by a debt collector.

Debt collection agencies may take you to court on behalf of a creditor if they have been unable to contact you in their attempts to recover a debt. Before being threatened by court action, the debt collection agency must have first sent you a warning letter.

More info

This article may be cited as the ?Collection Agency Act of 1973.which simulates or is falsely represented to be adocument authorized, ... The creditor violates the law if they continue to call you after they receive notice of your legal representation. Two of the most prominent debt defense ...Notice to Debt Collector - Falsely Representing a Document's Authority The Forms Professionals Trust! ?. Category: Collections - Fair Debt Practices Act - ... (1) The false representation or implication that the debt collector is vouched for,document authorized, issued, or approved by a court, official, ... Licensing application, a 1998 letter, and a West Virginia subpoena. Because the Court has notdebt collectors in the transaction at issue in this case. ?Contacting you after you write a letter asking the collector to cease?Falsely representing the character, amount, or legal status of a ... For some, these unmanageable debts have led to arrest and jail time after debt collectors take them to court. The ACLU found arrest warrants being issued in ... West Virginia Consumer Credit and Protection Act WV ST Section 46A-2-127.(b) Any false representation that the debt collector has in his possession ... Lending and debt collection activities in West Virginia. CashCall refused to answer the subpoena based, among other things, on its claim of complete federal ... For example, even if a creditor engages in an unfair or deceptive act or practice, a debtor is only entitled to damages in a consumer-based ...

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West Virginia Notice to Debt Collector - Falsely Representing a Document's Authority