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Chicago Illinois Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector

Category:
Collections - Fair Debt Practices Act
State:
Multi-State
City:
Chicago
Control #:
US-DCPA-19.2BG
Format:
Word; 
Rich Text
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1692e, provides, in part, as follows:


A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector . . . ."

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  • Preview Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector

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FAQ

5 Things Debt Collectors Are Forbidden to Do Pretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement.Threaten to Have You Arrested.Publicly Shame You.Try to Collect Debt You Don't Owe.Harass You.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed items?account numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Under the FDCPA, a debt collection agency is prohibited from contacting you during certain times of the day, unless you give them permission. For example, a debt collector is allowed to contact you only between the hours of 8 a.m. and 9 p.m.

Harassing or Abusive Practices A debt collector in collecting a debt, may not harass, oppress, or abuse any person. Specifically, a debt collector may not: ? Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person.

The 3 Steps to respond to a debt lawsuit Respond to every paragraph in the Complaint. The Complaint includes several numbered paragraphs that lay out the lawsuit against you.Assert your Affirmative Defenses.File the Answer with the court and the plaintiff.

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

In Illinois, the statute of limitations is: Five years for unwritten debt agreements and open-ended agreements. Ten years for written agreements and promissory notes.

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

Misrepresentations about the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney. Threats to have you arrested. Threats to do things that cannot legally be done, or threats to do things that the debt collector has no intention of doing.

Here are three steps to responding to a Summons and Complaint: Answer each claim listed in the complaint. Assert your affirmative defenses. File the Answer with the court and serve the plaintiff.

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