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. 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. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m.
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.
A New Mexico Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act is a legal document filed by a debtor who has been subjected to harassing and malicious telephone calls from a debt collector. This complaint highlights the debtor's claims of invasion of privacy and violations of their rights under the Federal Fair Debt Collection Practices Act (FD CPA), a federal law that protects consumers from abusive debt collection practices. Keywords: New Mexico, Complaint, Debtor, Harassing and Malicious Telephone Calls, Debt, Invasion of Right to Privacy, Violation, Federal Fair Debt Collection Practices Act, FD CPA. The purpose of this complaint is to seek legal remedies and hold the debt collector accountable for their unlawful actions. It allows the debtor to assert their rights, seek monetary damages, and potentially obtain an injunction to stop the harassment. Specific types or variations of this complaint may include: 1. Basic New Mexico Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt: This would be a standard complaint where the debtor explains the details of the harassing and malicious telephone calls, invasion of privacy, and alleged violations of the FD CPA. It would include relevant evidence such as recorded calls, caller ID records, or witness testimonies. 2. New Mexico Class Action Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt: In some cases, multiple debtors may have experienced similar harassing and malicious telephone calls from the same debt collector. This type of complaint would be filed as a class action, representing a group of debtors who have faced the same violations. 3. New Mexico Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt with Request for Injunctive Relief: In situations where the debtor seeks immediate relief from the harassment, they can request an injunction through this complaint. The injunction would restrain the debt collector from making further harassing calls, protecting the debtor's right to privacy. It is important for debtors in New Mexico to consult with an attorney or legal advisor experienced in consumer law and debt collection practices ensuring they properly file the complaint and assert their rights effectively. Remember, this description serves as a general guide and should not substitute for professional legal advice or representation.A New Mexico Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act is a legal document filed by a debtor who has been subjected to harassing and malicious telephone calls from a debt collector. This complaint highlights the debtor's claims of invasion of privacy and violations of their rights under the Federal Fair Debt Collection Practices Act (FD CPA), a federal law that protects consumers from abusive debt collection practices. Keywords: New Mexico, Complaint, Debtor, Harassing and Malicious Telephone Calls, Debt, Invasion of Right to Privacy, Violation, Federal Fair Debt Collection Practices Act, FD CPA. The purpose of this complaint is to seek legal remedies and hold the debt collector accountable for their unlawful actions. It allows the debtor to assert their rights, seek monetary damages, and potentially obtain an injunction to stop the harassment. Specific types or variations of this complaint may include: 1. Basic New Mexico Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt: This would be a standard complaint where the debtor explains the details of the harassing and malicious telephone calls, invasion of privacy, and alleged violations of the FD CPA. It would include relevant evidence such as recorded calls, caller ID records, or witness testimonies. 2. New Mexico Class Action Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt: In some cases, multiple debtors may have experienced similar harassing and malicious telephone calls from the same debt collector. This type of complaint would be filed as a class action, representing a group of debtors who have faced the same violations. 3. New Mexico Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt with Request for Injunctive Relief: In situations where the debtor seeks immediate relief from the harassment, they can request an injunction through this complaint. The injunction would restrain the debt collector from making further harassing calls, protecting the debtor's right to privacy. It is important for debtors in New Mexico to consult with an attorney or legal advisor experienced in consumer law and debt collection practices ensuring they properly file the complaint and assert their rights effectively. Remember, this description serves as a general guide and should not substitute for professional legal advice or representation.