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.
New Mexico 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 Keyword Phrases: New Mexico Complaint, Debtor, Posting of Notices of Indebtedness, Plaintiff's House, Intentional Infliction of Mental Anguish, Federal Fair Debt Collection Practices Act Description: A New Mexico Complaint by a Debtor for Posting of Notices of Indebtedness in and Around the Plaintiff's House deals with a situation where a debtor claims that notices of indebtedness have been posted in and around their residence. This action is alleged to cause intentional infliction of mental anguish and violates the Federal Fair Debt Collection Practices Act. This type of complaint involves: 1. Violation of the Federal Fair Debt Collection Practices Act: The debtor argues that by posting notices of indebtedness, the defendant has violated the Federal Fair Debt Collection Practices Act. This act provides regulations and safeguards against unfair, deceptive, and abusive debt collection practices. 2. Intentional Infliction of Mental Anguish: The debtor asserts that the defendant's actions have intentionally caused mental suffering and distress. Posting notices of indebtedness in and around the plaintiff's house is considered an invasion of privacy, causing embarrassment, humiliation, and emotional distress. The New Mexico Complaint seeks to hold the defendant accountable for their actions and seek appropriate legal remedies. This includes: a) Cessation of Posting: The debtor requests that the court issue an order prohibiting the defendant from further posting any notices of indebtedness in and around the plaintiff's house. b) Compensation for Mental Anguish: The plaintiff seeks damages for the intentional infliction of mental anguish caused by the defendant's actions, including compensation for emotional distress, embarrassment, and humiliation suffered as a result. c) Injunction: The debtor may request a court-issued injunction to prevent the defendant from engaging in similar practices in the future. d) Legal Costs and Attorney Fees: The plaintiff may also seek reimbursement for any legal costs incurred during the case, including attorney fees. Overall, this New Mexico Complaint by a Debtor reveals a situation where the defendant's actions of posting notices of indebtedness in and around the plaintiff's house have resulted in intentional infliction of mental anguish and have potentially violated the Federal Fair Debt Collection Practices Act. The debtor seeks appropriate legal recourse to cease these actions, obtain compensation for mental distress, and ensure compliance with federal regulations governing debt collection practices.
