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Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce...

Massachusetts Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

Name: Massachusetts Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment
Brand: US Legal Forms
Rating: 4.79 (399 reviews)

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-31

Format:

Instant download

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional. Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes:

Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.

Advertising the sale of any debt to coerce payment.

A debt collector may not shame a consumer into paying their debt by publicizing it.

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How to fill out Massachusetts Notice To Debt Collector - Unlawful Publishing Of A Debt To Coerce Payment?

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The law makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also cannot lie or use profane or obscene language. Additionally, debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court.

Write and Mail a LetterState that you're requesting validation of the debt or removal of the debt from your credit report. Then mail the letter and request a return receipt so you have proof that you sent it and that the collection agency received it.

It's a violation of the collection practices act for a debt collector to refuse to send a validation notice or fail to respond to your verification letter. If you encounter such behavior, you can file a complaint with the Consumer Financial Protection Bureau.

Massachusetts laws "The statute of limitations for consumer-related debt is six years. This period applies to credit card debt and oral and written contracts. However, if the debt collector has obtained a judgment against the debtor, the statute of limitations extends to 20 years."

Requesting validation of the debt is crucial. It serves two purposes: First, it requires the debt collector to provide proof that the debt is actually yours. This includes proof of the debt itself, and proof of assignment if the account is now owned by someone else.

A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

Legally Speaking, Emails are Considered Writings If sent to a consumer by a third-party debt collector, emails must comply with the Fair Debt Collection Practices Act (or FDCPA). If the email communication pertains to healthcare debt, the Health Insurance Portability and Accountability Act (HIPAA) applies.

Legally Speaking, Emails are Considered Writings If sent to a consumer by a third-party debt collector, emails must comply with the Fair Debt Collection Practices Act (or FDCPA).

The validation notice is meant to help you recognize whether the debt is yours and dispute the debt if it is not yours. The notice generally must include: A statement that the communication is from a debt collector. The name and mailing information of the debt collector and the consumer.

It should be short, concise, to the point and very clear as to what you want. It's imperative that you say as much as you can with as little text as possible. Remember to include the exact amount owed, the invoice number and the due date.

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Massachusetts Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

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