A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that documents are legal process.
Maine Notice to Debt Collector - Falsely Representing a Document is Legal Process
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State:
Multi-State
Control #:
US-DCPA-40
Format:
Word;
Rich Text
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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.
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How to fill out Maine Notice To Debt Collector - Falsely Representing A Document Is Legal Process?
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FAQ
When writing the letter, request that the collection agency or creditor provide you with: Documentation that you owed the debt at some point, such as a contract you signed. How much you owe and the last outstanding action on the debt, which can be shown by documents such as the last statement or bill.
Debt collectors will go to considerable lengths to collect large debts. If a debt collector sues you, you will be notified of the lawsuit via a summons, which will tell you why you are being sued, for how much and what date you must appear in court.
Does a Debt Collector Have to Show Proof of a Debt? Yes, debt collectors do have to show proof of a debt if you ask them. Make sure you understand your rights under credit collection laws.
If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
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.
A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.
The key is to be thorough in your request for debt verification. In your letter, ask for details on: Why the collector thinks you owe the debt: Ask who the original creditor is and request documentation that verifies you owe the debt, such as a copy of the original contract.
Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and other information. If you're still uncertain about the debt you're being asked to pay, you can send the debt collector a debt verification letter requesting more information.
The creditor has to prove who the borrower is These include: Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt.
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An institution is not a debt collector under the FDCPA when it collects:Falsely represent or imply that documents are legal process. Collector with a complete defense to a consumer claim that a communication falsely represented the debt. Second, such a sweeping protection should contain ... U.S.C. §§ 1692- 1692p, the Maine Fair Debt Collections Practices Act(a) Falsely representing the amount, character or legal status of the debt;.