A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP] Subject: Letter Informing Debt Collector of Unfair Practices in Collection Activities — Nonjudicial Actions and Intentions Dear Sir/Madam, I am writing this letter to bring to your attention concerning debt collection practices that I believe are unfair and in violation of the Federal Fair Debt Collection Practices Act (FD CPA) in Mecklenburg County, North Carolina. It has come to my attention that your agency has taken or threatened to take nonjudicial actions without any present right or intent to exercise such rights, creating undue harassment and distress for me. Mecklenburg County residents, like me, have certain rights and protections under state and federal laws when it comes to debt collection practices. Specifically, the FD CPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices. Pursuant to Section 1692e of the FD CPA, it is illegal for a debt collector to use false, deceptive, or misleading representation in connection with the collection of any debt. I have received numerous communications from your agency, including phone calls and letters, in which you have made fraudulent claims of taking nonjudicial actions that you clearly have no current right or intent to exercise. Such actions include threats of property liens, wage garnishments, or levies without any proof of a legal judgment or court order against me. Allow me to clarify that I am aware of my rights as a consumer and understand that nonjudicial actions can only be undertaken after a proper legal process has been followed, such as obtaining a judgment in court. Furthermore, I have diligently reviewed my financial records and found no evidence of any pending or outstanding judgments against me that would warrant the actions you have threatened to take. I kindly request that you immediately cease and desist from making false and misleading statements regarding nonjudicial actions in your communication with me. Continuing such practices will leave me with no choice but to report your agency to the appropriate authorities, including the Consumer Financial Protection Bureau and the North Carolina Attorney General's Office. Additionally, I expect you to provide me with written confirmation within 15 days, acknowledging your receipt of this letter and notifying me of the remedial actions you have taken to rectify this matter. Failure to comply with this request will further demonstrate your noncompliance with the FD CPA. Please note that I am fully aware of my rights and remedies available under the law. Any further violations and unfair practices by your agency will lead me to consider seeking legal advice and pursuing appropriate legal action against you. I anticipate your prompt attention to this matter and a swift resolution of this dispute. Should you have any questions or require any additional information, please do not hesitate to contact me at the phone number or email address provided. I trust you will handle this matter responsibly and in accordance with the law. Thank you for your immediate attention to this serious matter. Yours sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP] Subject: Letter Informing Debt Collector of Unfair Practices in Collection Activities — Nonjudicial Actions and Intentions Dear Sir/Madam, I am writing this letter to bring to your attention concerning debt collection practices that I believe are unfair and in violation of the Federal Fair Debt Collection Practices Act (FD CPA) in Mecklenburg County, North Carolina. It has come to my attention that your agency has taken or threatened to take nonjudicial actions without any present right or intent to exercise such rights, creating undue harassment and distress for me. Mecklenburg County residents, like me, have certain rights and protections under state and federal laws when it comes to debt collection practices. Specifically, the FD CPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices. Pursuant to Section 1692e of the FD CPA, it is illegal for a debt collector to use false, deceptive, or misleading representation in connection with the collection of any debt. I have received numerous communications from your agency, including phone calls and letters, in which you have made fraudulent claims of taking nonjudicial actions that you clearly have no current right or intent to exercise. Such actions include threats of property liens, wage garnishments, or levies without any proof of a legal judgment or court order against me. Allow me to clarify that I am aware of my rights as a consumer and understand that nonjudicial actions can only be undertaken after a proper legal process has been followed, such as obtaining a judgment in court. Furthermore, I have diligently reviewed my financial records and found no evidence of any pending or outstanding judgments against me that would warrant the actions you have threatened to take. I kindly request that you immediately cease and desist from making false and misleading statements regarding nonjudicial actions in your communication with me. Continuing such practices will leave me with no choice but to report your agency to the appropriate authorities, including the Consumer Financial Protection Bureau and the North Carolina Attorney General's Office. Additionally, I expect you to provide me with written confirmation within 15 days, acknowledging your receipt of this letter and notifying me of the remedial actions you have taken to rectify this matter. Failure to comply with this request will further demonstrate your noncompliance with the FD CPA. Please note that I am fully aware of my rights and remedies available under the law. Any further violations and unfair practices by your agency will lead me to consider seeking legal advice and pursuing appropriate legal action against you. I anticipate your prompt attention to this matter and a swift resolution of this dispute. Should you have any questions or require any additional information, please do not hesitate to contact me at the phone number or email address provided. I trust you will handle this matter responsibly and in accordance with the law. Thank you for your immediate attention to this serious 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.
