A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes failing to disclose in the initial communication with the consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose (Mini Miranda)
Hillsborough Florida Notice to Debt Collector - Failure to Provide Mini-Miranda
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-DCPA-34
Format:
Word;
Rich Text
Instant download
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.
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How to fill out Notice To Debt Collector - Failure To Provide Mini-Miranda?
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FAQ
Mini-Miranda rights are a set of statements that a debt collector must use when contacting an individual to collect a debt. Mini-Miranda rights have to be recited, by law, if the debt collection effort is being made over the phone or in-person and outlined in written form if a letter is sent to the debtor.
No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.
At the beginning of a collection call, a debt collector must recite wording that has come to be called the mini-Miranda disclosure. It informs the consumer that the call is from a debt collector, that they are calling to collect a debt, and that any information revealed in the call will be used to collect that debt.
The federal FDCPA says that the collector must disclose in the initial communication that they're attempting to collect a debt and that any information obtained will be used for that purpose.
1fefffeff The first time a third-party debt collector speaks with you on the phone or sends you a letter, the mini Miranda statement must be included. The disclaimer keeps debt collectors from tricking you into giving up information that can be used against you.
The mini Miranda does not have to be stated when you are speaking directly with a creditor. The creditor is the company to which you owe the original debt. If they contact you by phone, email, or in person and identify themselves as the creditor, the company does not need to state the mini Miranda warning.
Mini-Miranda rights are a set of statements that a debt collector must use when contacting an individual to collect a debt. Mini-Miranda rights have to be recited, by law, if the debt collection effort is being made over the phone or in-person and outlined in written form if a letter is sent to the debtor.
