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.
Ohio 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 filed by defendants in Ohio in response to a complaint made by a debtor. This document aims to provide a detailed response to the allegations made by the debtor, presenting a defense against the claims of harassment, use of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act (FD CPA). Keywords: Ohio, answer, defendants, complaint, debtor, harassment, collect a debt, harassing information, malicious information, violation, Federal Fair Debt Collection Practices Act, FD CPA. The different types of Ohio Answers 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 can vary depending on the specific defenses presented by the defendant. Here are some examples: 1. General Denial Answer: This type of answer denies each and every allegation made by the debtor in the complaint, putting the burden of proof on the plaintiff to substantiate their claims. 2. Affirmative Defense Answer: In this type of answer, the defendant admits some or all of the allegations made by the debtor but presents legal justifications or defenses that could absolve them from liability, such as the debtor's consent, statute of limitations, or the lawful nature of the debt collection practices in question. 3. Counterclaims Answer: In certain cases, defendants may choose to file a counterclaim against the debtor alongside their answer. A counterclaim asserts that the debtor has committed some wrongdoing, such as maliciously filing a meritless lawsuit or engaging in fraudulent activities related to the debt. 4. Cross-Claims Answer: If there are multiple defendants in the case, one defendant may file a cross-claim against another defendant, alleging their own innocence and shifting blame onto the co-defendant. It is important to note that the specific types and strategies of an answer may vary depending on the circumstances of each individual case, and legal counsel should be sought for accurate guidance in preparing an Ohio 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.Ohio 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 filed by defendants in Ohio in response to a complaint made by a debtor. This document aims to provide a detailed response to the allegations made by the debtor, presenting a defense against the claims of harassment, use of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act (FD CPA). Keywords: Ohio, answer, defendants, complaint, debtor, harassment, collect a debt, harassing information, malicious information, violation, Federal Fair Debt Collection Practices Act, FD CPA. The different types of Ohio Answers 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 can vary depending on the specific defenses presented by the defendant. Here are some examples: 1. General Denial Answer: This type of answer denies each and every allegation made by the debtor in the complaint, putting the burden of proof on the plaintiff to substantiate their claims. 2. Affirmative Defense Answer: In this type of answer, the defendant admits some or all of the allegations made by the debtor but presents legal justifications or defenses that could absolve them from liability, such as the debtor's consent, statute of limitations, or the lawful nature of the debt collection practices in question. 3. Counterclaims Answer: In certain cases, defendants may choose to file a counterclaim against the debtor alongside their answer. A counterclaim asserts that the debtor has committed some wrongdoing, such as maliciously filing a meritless lawsuit or engaging in fraudulent activities related to the debt. 4. Cross-Claims Answer: If there are multiple defendants in the case, one defendant may file a cross-claim against another defendant, alleging their own innocence and shifting blame onto the co-defendant. It is important to note that the specific types and strategies of an answer may vary depending on the circumstances of each individual case, and legal counsel should be sought for accurate guidance in preparing an Ohio 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.