A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that documents are legal process.
Dallas Texas Notice to Debt Collector - Falsely Representing a Document is Legal Process
Category:
State:
Multi-State
County:
Dallas
Control #:
US-DCPA-40
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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FAQ
Can You Sue a Company for Sending You to Collections? Yes, the FDCPA allows for legal action against certain collectors that don't comply with the rules in the law. If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector.
The answer is yes, but the process is not as simple as collection agencies make it seem. Collection agencies have the right to take you to court if you haven't paid your overdue bills, but the likelihood of them acting on that right is low, especially if you don't have an income that can be garnished or own any assets.
Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).
Here are a few suggestions that might work in your favor: Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.
Once you're on a debt collector's radar, it can become a full-time job trying to dodge them. Yes, debt collectors have a right to their money. But they don't have a right to harass you or your family, garnish your wages, arrest you, threaten you, or break the law in any way to get what they're due.
By law, a debt collector is not allowed to threaten or use physical force of any kind towards you, any member of your family or a third party connected to you to try and collect your debt. They can, however, contact a family member, friend of third party to obtain location information on you.
You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.
Debt collectors have restrictions on how they can pursue you for payment, but they are allowed to sue you....2. Harass you Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.
Plan and modify arrangements with them and the creditor. Organise a settlement offer with you that may make it easier to pay off the debt. Sell your debt to another company who will have the same arrangements and powers as the original creditor. Obtain an order from a court to repossess some of your property.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.