This notice is not from a debt collector but from the party to whom the debt is owed.
Louisiana Notice by Mail to Debtor of Action if Payment not Made
Category:
State:
Multi-State
Control #:
US-01748BG
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Word;
Rich Text
Instant download
Description
How to fill out Notice By Mail To Debtor Of Action If Payment Not Made?
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FAQ
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Within five days after a debt collector first contacts you, it must send you a written notice, called a "validation notice," that tells you (1) the amount it thinks you owe, (2) the name of the creditor, and (3) how to dispute the debt in writing.
Primarily, the Commercial Law League of America and its Commercial Collection Agency Association have assumed responsibility for looking after the needs and rights of creditors and their customers/debtors.
A debt collector generally cannot discuss your debt with anyone but you or your spouse. If an attorney is representing you, the debt collector has to contact the attorney. Debt collectors cannot harass you, threaten you, or engage in unfair practices.
Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.
Debts from a breach of contract in Louisiana have a prescription period of 10 years beginning from the date of breach or last payment to the debt account. This period covers all types of general contracts except those assigned specific periods following their governing codes within the state's laws.
Summary: As a Louisiana resident, you can seek refuge in the legal rights and protections afforded under the Louisiana Fair Debt Collection Practices Act, the federal Fair Debt Collection Practices Act, and specific provisions of the Fair Credit Reporting Act, all of which protect you from unruly debt collectors.
