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South Dakota Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights

State:
Multi-State
Control #:
US-DCPA-20.4BG
Format:
Word; 
Rich Text
Instant download

Description

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."

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South Dakota Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights