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."
Dear [Debt Collector's Name], I am writing to express my deep concern regarding the unfair practices in collection activities that I have recently experienced with your agency. Specifically, I would like to address the issue of taking, or threatening to take, nonjudicial actions where there is no present right or intent to exercise such rights. As a resident of Lima, Arizona, and in accordance with the Fair Debt Collection Practices Act (FD CPA), I have certain rights that protect me from unfair and abusive debt collection practices. It has come to my attention that your agency has engaged in the aforementioned practice, which goes against the rights granted by the FD CPA. I want to make it clear that under no circumstances should you take any nonjudicial action, such as placing liens on my property or threatening foreclosure, when there is no present right or intent to exercise such rights. This unfair practice not only violates the FD CPA but also causes significant distress and anxiety for me and my family. I demand that you immediately cease and desist from engaging in any further nonjudicial actions or threats thereof without any lawful basis or intent to exercise such rights. It is crucial that you respect my rights as a consumer and adhere to the laws that regulate debt collection activities. Failure to comply with this request and continued engagement in these unfair practices will leave me with no choice but to pursue legal action against your agency. I kindly request that you provide a written response within 30 days of receiving this letter, acknowledging your receipt of this complaint and stating your intentions to rectify the situation. Additionally, I urge you to review your internal policies and training procedures to ensure that all your staff members are well-informed about the laws and regulations governing debt collection activities. It is imperative that your agency conducts its business ethically and in compliance with the FD CPA. I trust that you will take this matter seriously and address the concerns raised in this letter promptly. I hope that this issue can be resolved amicably and without the need for further legal involvement. However, I am prepared to take all necessary actions to protect my rights as a consumer. Thank you for your immediate attention to this matter. Sincerely, [Your Name]Dear [Debt Collector's Name], I am writing to express my deep concern regarding the unfair practices in collection activities that I have recently experienced with your agency. Specifically, I would like to address the issue of taking, or threatening to take, nonjudicial actions where there is no present right or intent to exercise such rights. As a resident of Lima, Arizona, and in accordance with the Fair Debt Collection Practices Act (FD CPA), I have certain rights that protect me from unfair and abusive debt collection practices. It has come to my attention that your agency has engaged in the aforementioned practice, which goes against the rights granted by the FD CPA. I want to make it clear that under no circumstances should you take any nonjudicial action, such as placing liens on my property or threatening foreclosure, when there is no present right or intent to exercise such rights. This unfair practice not only violates the FD CPA but also causes significant distress and anxiety for me and my family. I demand that you immediately cease and desist from engaging in any further nonjudicial actions or threats thereof without any lawful basis or intent to exercise such rights. It is crucial that you respect my rights as a consumer and adhere to the laws that regulate debt collection activities. Failure to comply with this request and continued engagement in these unfair practices will leave me with no choice but to pursue legal action against your agency. I kindly request that you provide a written response within 30 days of receiving this letter, acknowledging your receipt of this complaint and stating your intentions to rectify the situation. Additionally, I urge you to review your internal policies and training procedures to ensure that all your staff members are well-informed about the laws and regulations governing debt collection activities. It is imperative that your agency conducts its business ethically and in compliance with the FD CPA. I trust that you will take this matter seriously and address the concerns raised in this letter promptly. I hope that this issue can be resolved amicably and without the need for further legal involvement. However, I am prepared to take all necessary actions to protect my rights as a consumer. Thank you for your immediate attention to 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.
