The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.
Title: Louisiana Letter Informing a Debt Collector not to Communicate with a Debtor at their Place of Employment Keywords: Louisiana, letter, informing, debt collector, not to communicate, debtor, place of employment Description: If you find yourself in a situation where a debt collector is continually contacting you at your place of employment, it is important to understand your rights and take appropriate action to protect yourself. In Louisiana, there are certain rules and laws governing debt collection practices, including the ability to request a debt collector to cease communication at your workplace. One way to assert your rights is by sending a formal letter to the debt collector, explicitly informing them that they are not allowed to contact you at your place of employment. Below, you will find a detailed description of what should be included in such a letter. 1. Introduction: Begin your letter by clearly stating your name, address, and contact details. Then, address the debt collector by providing their name or the name of their company, along with their address. 2. Re: [Debtor's Full Name], Account Number [Account Number]: Include the subject line, highlighting the debtor's full name and the associated account number for better identification and clarity. 3. Request to Cease Communication at Debtor's Place of Employment: State that the purpose of the letter is to formally request the debt collector to stop contacting you while you are at your place of employment. Emphasize that this request is in line with your rights under the Louisiana Fair Debt Collection Practices Act (FD CPA). 4. Clarify Workplace Restrictions: Clearly communicate that your employer strictly prohibits personal calls, visits, or any type of communication unrelated to official business matters during working hours. Explain that any further attempts to contact you at your workplace could result in unnecessary disruptions and potential consequences. 5. Assert Your Rights under FD CPA: Reference specific sections of the Louisiana Fair Debt Collection Practices Act that support your request. These may include sections that prohibit harassment, disclosure of information to third parties, or any activity that can be viewed as unfair, deceptive, or abusive. 6. Legal Consequences: Inform the debt collector that failure to comply with your request may result in legal action being taken against them. Mention that they may be liable for damages and attorney's fees as provided by the FD CPA. 7. Request for Written Confirmation: Ask the debt collector to provide written confirmation within a specific timeframe (usually 10 to 14 days) that they have received and will comply with your request. Request that all communication regarding the debt solely occurs through written means. 8. Sincerely Closing: End the letter with a courteous closing, such as "Sincerely," and sign your full name. Make sure to include the date of the letter. Remember that some debt collectors may have specific requirements for receiving this type of letter. It is generally recommended sending the letter through certified mail with return receipt requested to ensure proof of delivery. Different types of Louisiana Letter Informing Debt Collector not to Communicate with Debtor at Debtor's Place of Employment may include letters for specific types of debts, such as credit card debts, medical debts, or student loan debts. The general structure and content of the letter will remain the same, but the specifics regarding the debt may need to be tailored accordingly.
