Maine Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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US-01421BG
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The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes. The collector is restricted in the type of contact he can make with the debtor.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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FAQ

The FDCPA is a federal law that limits what a debt collector can do while attempting to collect money from you. Most importantly, if a debt collector violates the FDCPA while trying to collect money from you, you can sue them.

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.

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment, abuse, and other behavior intended to bully debtors. If a debt collector is violating the FDCPA in their attempts to collect money from you, you have the right to sue them.

Use of threat, violence or other criminal means to harm a person, reputation or property. Use of obscene or profane language. False representation that the debt collector represents a state or federal government. Misleading information on the amount or legal status of a debt.

§ 812. (b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

The terms of the FDCPA allow consumers to recover damages up to $1,000 from a debt collector. This amount is above and beyond other forms of damages that a consumer may be entitled to. To obtain this amount, a consumer merely has to prove that the collector violated the FDCPA.

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

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Maine Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act