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."
Mecklenburg North Carolina Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages Dear [Debt Collector's Name], I am writing to address serious concerns regarding the collection activities pursued by your agency in relation to my outstanding debt. It has come to my attention that your organization has been making false or misleading misrepresentations, specifically by falsely representing that nonpayment of any debt will result in the seizure, garnishment, attachment, or sale of any property or wages. As a resident of Mecklenburg County, North Carolina, it is crucial to note that such representations go against the laws and regulations governing debt collection in our jurisdiction. The Fair Debt Collection Practices Act (FD CPA) explicitly prohibits debt collectors from making false or deceptive statements in their communication with consumers. Moreover, the North Carolina Debt Collection Act outlines specific guidelines that must be followed by debt collectors operating within the state. Contrary to the aforementioned misrepresentation, nonpayment of a debt does not automatically imply the immediate seizure, garnishment, attachment, or sale of property or wages. Any such actions must adhere to the applicable legal procedures which include providing proper notice, obtaining court orders, and following specific guidelines. I kindly request that you cease any further communication that suggests or implies the imminent seizure, garnishment, attachment, or sale of my property or wages due to nonpayment of the debt. This misleading tactic not only violates the rights granted to me under the FD CPA and the North Carolina Debt Collection Act, but it also creates unnecessary anxiety and distress. Please be aware that failing to comply with these laws may result in legal consequences. Furthermore, I urge you to provide written confirmation within [reasonable timeframe, e.g., 14 days] that you have taken the appropriate measures to rectify this situation and that you will refrain from engaging in such deceptive or illegal practices in the future. Failure to acknowledge or address this matter satisfactorily may prompt me to pursue a complaint with the North Carolina Attorney General’s Office, the Consumer Financial Protection Bureau, or take any other legal actions deemed necessary to protect my rights. It is my sincere hope that we can resolve this matter efficiently and in accordance with the applicable laws and regulations. I trust that you will handle this issue promptly and professionally, fully adhering to your legal obligations. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Mecklenburg North Carolina Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages Dear [Debt Collector's Name], I am writing to address serious concerns regarding the collection activities pursued by your agency in relation to my outstanding debt. It has come to my attention that your organization has been making false or misleading misrepresentations, specifically by falsely representing that nonpayment of any debt will result in the seizure, garnishment, attachment, or sale of any property or wages. As a resident of Mecklenburg County, North Carolina, it is crucial to note that such representations go against the laws and regulations governing debt collection in our jurisdiction. The Fair Debt Collection Practices Act (FD CPA) explicitly prohibits debt collectors from making false or deceptive statements in their communication with consumers. Moreover, the North Carolina Debt Collection Act outlines specific guidelines that must be followed by debt collectors operating within the state. Contrary to the aforementioned misrepresentation, nonpayment of a debt does not automatically imply the immediate seizure, garnishment, attachment, or sale of property or wages. Any such actions must adhere to the applicable legal procedures which include providing proper notice, obtaining court orders, and following specific guidelines. I kindly request that you cease any further communication that suggests or implies the imminent seizure, garnishment, attachment, or sale of my property or wages due to nonpayment of the debt. This misleading tactic not only violates the rights granted to me under the FD CPA and the North Carolina Debt Collection Act, but it also creates unnecessary anxiety and distress. Please be aware that failing to comply with these laws may result in legal consequences. Furthermore, I urge you to provide written confirmation within [reasonable timeframe, e.g., 14 days] that you have taken the appropriate measures to rectify this situation and that you will refrain from engaging in such deceptive or illegal practices in the future. Failure to acknowledge or address this matter satisfactorily may prompt me to pursue a complaint with the North Carolina Attorney General’s Office, the Consumer Financial Protection Bureau, or take any other legal actions deemed necessary to protect my rights. It is my sincere hope that we can resolve this matter efficiently and in accordance with the applicable laws and regulations. I trust that you will handle this issue promptly and professionally, fully adhering to your legal obligations. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
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.
