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. This Act also sets out strict rules regarding communicating with the debtor. 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. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.
New Mexico Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act is a legal document that allows defendants to respond to a complaint filed by a debtor in the state of New Mexico. This response addresses allegations of harassment, use of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act. Keywords: New Mexico, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Harassing and Malicious Information, Violation, Federal Fair Debt Collection Practices Act. Types of New Mexico Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act may include the following: 1. General Denial: In this type of answer, the defendants generally deny the allegations made by the debtor. They deny any misconduct or violation of the Federal Fair Debt Collection Practices Act. 2. Affirmative Defenses: Defendants may assert affirmative defenses, which are legal justifications or excuses for their alleged actions. Examples of affirmative defenses include the debtor's consent, the statute of limitations, or the debtor's failure to validate the debt. 3. Counterclaims: Defendants might also file counterclaims against the debtor, alleging that the debtor owes them money or has otherwise harmed them. These counterclaims can be used as a defense or as a means to seek compensation. 4. Motion to Dismiss: Defendants may file a motion to dismiss the complaint if they believe that the debtor's claims lack legal merit or fail to meet the necessary legal requirements. This motion requests the court to dismiss the case entirely. 5. Discovery Requests: Defendants may include requests for discovery, asking the debtor to provide additional information or evidence to support their claims. This allows the defendants to gather evidence and build their defense. 6. Request for Attorney's Fees: In some instances, defendants may request reimbursement for their attorney's fees and costs incurred in defending against the debtor's claims. This is typically pursued when the court finds that the debtor's claims were frivolous or brought in bad faith. It is important to consult with a qualified attorney or legal professional to determine the appropriate type of New Mexico Answer of Defendants to Complaint by Debtor for your specific case and to ensure compliance with all relevant laws and regulations. This information provided is for general informational purposes only and should not be considered legal advice.New Mexico Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act is a legal document that allows defendants to respond to a complaint filed by a debtor in the state of New Mexico. This response addresses allegations of harassment, use of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act. Keywords: New Mexico, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Harassing and Malicious Information, Violation, Federal Fair Debt Collection Practices Act. Types of New Mexico Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act may include the following: 1. General Denial: In this type of answer, the defendants generally deny the allegations made by the debtor. They deny any misconduct or violation of the Federal Fair Debt Collection Practices Act. 2. Affirmative Defenses: Defendants may assert affirmative defenses, which are legal justifications or excuses for their alleged actions. Examples of affirmative defenses include the debtor's consent, the statute of limitations, or the debtor's failure to validate the debt. 3. Counterclaims: Defendants might also file counterclaims against the debtor, alleging that the debtor owes them money or has otherwise harmed them. These counterclaims can be used as a defense or as a means to seek compensation. 4. Motion to Dismiss: Defendants may file a motion to dismiss the complaint if they believe that the debtor's claims lack legal merit or fail to meet the necessary legal requirements. This motion requests the court to dismiss the case entirely. 5. Discovery Requests: Defendants may include requests for discovery, asking the debtor to provide additional information or evidence to support their claims. This allows the defendants to gather evidence and build their defense. 6. Request for Attorney's Fees: In some instances, defendants may request reimbursement for their attorney's fees and costs incurred in defending against the debtor's claims. This is typically pursued when the court finds that the debtor's claims were frivolous or brought in bad faith. It is important to consult with a qualified attorney or legal professional to determine the appropriate type of New Mexico Answer of Defendants to Complaint by Debtor for your specific case and to ensure compliance with all relevant laws and regulations. This information provided is for general informational purposes only and should not be considered legal advice.
