Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 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:
"(4) The representation or implication that nonpayment of any debt will result in the . . . seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."
Dear [Debt Collector's Name], I am writing to inform you of false and misleading misrepresentations that have been made in your collection activities regarding the nonpayment of a debt. It has come to my attention that your organization, [Debt Collector Company Name], has been wrongly asserting that failure to pay off any outstanding debt will result in the seizure, garnishment, attachment, or sale of my property or wages. First and foremost, I would like to clarify that such claims are not supported by the laws and regulations governing debt collection practices in Contra Costa, California. The Fair Debt Collection Practices Act (FD CPA) ensures that debt collectors, such as yourselves, must refrain from using deceptive or misleading tactics when attempting to collect a debt. As per my thorough analysis of the FD CPA and related legislation, I have not found any provision that grants you the authority to seize, garnish, attach, or sell my property or wages without following the appropriate legal processes. It is crucial for you to understand that making these false representations can lead to serious legal consequences and violations of my rights. To avoid any misunderstandings, I kindly request that you cease and desist from any further communication that includes these misleading statements. You must provide accurate and truthful information about the consequences of nonpayment in your future correspondence with me. In case you require more specific information about my financial situation or any other relevant details, please let me know, and I will be glad to provide them to you. However, I reiterate that it is unacceptable to employ false or misleading representations in your collection efforts. Please ensure that all future correspondence adheres to the established legal guidelines and represents an accurate portrayal of the consequences of nonpayment. Failure to comply with this request may result in legal action against your organization for violations of the FD CPA. I trust that you will address this matter promptly and responsibly. Should you wish to discuss this issue further or require any clarification, I can be reached at [Your Contact Information]. I anticipate your cooperation and a swift resolution to this matter. Yours sincerely, [Your Name]Dear [Debt Collector's Name], I am writing to inform you of false and misleading misrepresentations that have been made in your collection activities regarding the nonpayment of a debt. It has come to my attention that your organization, [Debt Collector Company Name], has been wrongly asserting that failure to pay off any outstanding debt will result in the seizure, garnishment, attachment, or sale of my property or wages. First and foremost, I would like to clarify that such claims are not supported by the laws and regulations governing debt collection practices in Contra Costa, California. The Fair Debt Collection Practices Act (FD CPA) ensures that debt collectors, such as yourselves, must refrain from using deceptive or misleading tactics when attempting to collect a debt. As per my thorough analysis of the FD CPA and related legislation, I have not found any provision that grants you the authority to seize, garnish, attach, or sell my property or wages without following the appropriate legal processes. It is crucial for you to understand that making these false representations can lead to serious legal consequences and violations of my rights. To avoid any misunderstandings, I kindly request that you cease and desist from any further communication that includes these misleading statements. You must provide accurate and truthful information about the consequences of nonpayment in your future correspondence with me. In case you require more specific information about my financial situation or any other relevant details, please let me know, and I will be glad to provide them to you. However, I reiterate that it is unacceptable to employ false or misleading representations in your collection efforts. Please ensure that all future correspondence adheres to the established legal guidelines and represents an accurate portrayal of the consequences of nonpayment. Failure to comply with this request may result in legal action against your organization for violations of the FD CPA. I trust that you will address this matter promptly and responsibly. Should you wish to discuss this issue further or require any clarification, I can be reached at [Your Contact Information]. I anticipate your cooperation and a swift resolution to this matter. Yours sincerely, [Your Name]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
