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] [Agency Address] [City, State, Zip] Subject: Notice of Unfair Practices in Collection Activities — Florid Statute Section 559.72 Dear [Debt Collection Agency], I am writing to bring to your attention the unfair practices conducted by your agency in collection activities pertaining to my debt. As a resident of Miami-Dade, Florida, I am aware of my rights under the Florida Consumer Collection Practices Act (FC CPA), specifically Section 559.72, which prohibits debt collectors from engaging in certain actions. It has come to my attention that your agency has violated this statute by taking or threatening to take nonjudicial action where there is no present right or intent to exercise such rights. I want to emphasize that I am well aware of my rights as a consumer and the debt collection laws enforced in Miami-Dade County. The FC CPA clearly outlines guidelines that prohibit debt collectors from employing unfair or deceptive practices in their collection activities. Specifically, Section 559.72 states: "Unfair Practices by Debt Collectors.—A debt collector may not collect, attempt to collect, or assert a right to any debt if such debt collector knew or should have known that the statute of limitations expired on the debt." Based on my findings, it has come to my attention that your agency has taken or threatened to take nonjudicial actions against me regarding this debt, even though the statute of limitations has expired. Such actions are prohibited under Section 559.72, and I consider them to be unfair practices as outlined by the FC CPA. I hereby demand that your agency immediately ceases all nonjudicial actions, including, but not limited to, filing lawsuits, obtaining judgments, or issuing wage garnishments, against me in relation to this debt. Furthermore, I request that you confirm in writing within 30 days from the receipt of this letter that such unfair practices will cease and that my account will be updated accordingly. If your agency fails to comply with my demands, I will have no choice but to pursue all available legal remedies, including filing a complaint with the Florida Office of Financial Regulation, reporting your agency to relevant regulatory bodies, and seeking legal counsel to enforce my rights under the FC CPA. Please consider this letter as an earnest effort on my part to resolve this matter amicably and to ensure that fair debt collection practices are followed. I expect your immediate attention and prompt response to this notice. Thank you for your cooperation in this matter. Sincerely, [Your Name][Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Agency Address] [City, State, Zip] Subject: Notice of Unfair Practices in Collection Activities — Florid Statute Section 559.72 Dear [Debt Collection Agency], I am writing to bring to your attention the unfair practices conducted by your agency in collection activities pertaining to my debt. As a resident of Miami-Dade, Florida, I am aware of my rights under the Florida Consumer Collection Practices Act (FC CPA), specifically Section 559.72, which prohibits debt collectors from engaging in certain actions. It has come to my attention that your agency has violated this statute by taking or threatening to take nonjudicial action where there is no present right or intent to exercise such rights. I want to emphasize that I am well aware of my rights as a consumer and the debt collection laws enforced in Miami-Dade County. The FC CPA clearly outlines guidelines that prohibit debt collectors from employing unfair or deceptive practices in their collection activities. Specifically, Section 559.72 states: "Unfair Practices by Debt Collectors.—A debt collector may not collect, attempt to collect, or assert a right to any debt if such debt collector knew or should have known that the statute of limitations expired on the debt." Based on my findings, it has come to my attention that your agency has taken or threatened to take nonjudicial actions against me regarding this debt, even though the statute of limitations has expired. Such actions are prohibited under Section 559.72, and I consider them to be unfair practices as outlined by the FC CPA. I hereby demand that your agency immediately ceases all nonjudicial actions, including, but not limited to, filing lawsuits, obtaining judgments, or issuing wage garnishments, against me in relation to this debt. Furthermore, I request that you confirm in writing within 30 days from the receipt of this letter that such unfair practices will cease and that my account will be updated accordingly. If your agency fails to comply with my demands, I will have no choice but to pursue all available legal remedies, including filing a complaint with the Florida Office of Financial Regulation, reporting your agency to relevant regulatory bodies, and seeking legal counsel to enforce my rights under the FC CPA. Please consider this letter as an earnest effort on my part to resolve this matter amicably and to ensure that fair debt collection practices are followed. I expect your immediate attention and prompt response to this notice. Thank you for your cooperation in this matter. 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.
