Atlanta Georgia Notice to Debt Collector - Use of False Threats

State:
Multi-State
City:
Atlanta
Control #:
US-DCPA-38
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.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes threatening to take action the debt collector can not legally take or does not intend to take.

Wording possibly constituting a threat includes:

  • Stating an action is a possibility.
  • Stating that legal action has been recommended.
  • Representing that a third party will take action.

    Examples of permissible actions a debt collector may not take unless they intend to do so:

  • Taking criminal action such as reporting a dishonored check.
  • Attaching a consumers tax refund.
  • Reporting a debt to a credit bureau.
  • Bringing legal action.

    Examples of impermissible actions:

  • Contacting the consumers employer or other third party for a purpose other than obtaining location information.
  • Advising the creditor to sue where such advice would violate the states rules against the unauthorized practice of law.
  • Threatening to sue where the states rules forbid a debt collector from suing in their own name without first obtaining a formal assignment from the owner of the debt and that assignment has not been made.

    Lack of intent may be inferred if the amount of the debt is too small for the action to be feasible or when the debt collector has threatened an action their employer or the original creditor has not authorized them to take.

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    The cost of living in Atlanta, GA is 10% higher than the state average and 1% lower than the national average. Atlanta, GA housing is 1% cheaper than the U.S average, while utilities are about 19% less pricey.

    The cost of living in Atlanta, GA is 10% higher than the state average and 1% lower than the national average. Atlanta, GA housing is 1% cheaper than the U.S average, while utilities are about 19% less pricey.

    Atlanta's history is one of the defining features of the city, and it has played an important role in shaping the culture and identity of the region. The Civil Rights Movement was a pivotal moment, and the Martin Luther King Jr. National Historic Park is a powerful reminder of the struggle for equality and justice.

    Known for its vibrant mix of warm weather, a flourishing job market, rich cultural diversity, and a cost of living that remains relatively affordable compared to other major U.S. cities, Atlanta has seen a significant influx of new residents in recent years.

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    Atlanta, GA, boasts a vibrant and diverse culture that reflects its rich history and dynamic present as the city embraces a blend of traditional Southern hospitality and contemporary urban energy. Residents contribute to a thriving arts scene, celebrated music traditions, and a booming film industry.

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    Atlanta Georgia Notice to Debt Collector - Use of False Threats