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Notice to Debt Collector - Collecting an Amount Not Authorized by Agreement or by Law

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Control #:
US-DCPA-42
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Description Agreement Or Law

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not use unfair or unconscionable means to collect a debt. This includes collecting an amount not authorized by the agreement creating the debt or by law.

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Collector Collecting Editable FAQ

You have the right to force the debt collector to prove you owe the money. Debt validation is your federal right granted under the Fair Debt Collection Practices Act (FDCPA). To request debt validation, you must send a written request to the debt collector within 30 days of being contacted by the collection agency.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. Dispute the debt on your credit report. Lodge a complaint. Respond to a lawsuit. Hire an attorney.

It's a violation of the collection practices act for a debt collector to refuse to send a validation notice or fail to respond to your verification letter. If you encounter such behavior, you can file a complaint with the Consumer Financial Protection Bureau.

The federal Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692 and following) makes certain collection tactics that collection agencies use illegal, like: contacting third parties about your debt. engaging in conduct meant to harass, oppress, or abuse you, and. lying to you or misleading you.

If you pay the collection agency directly, the debt is removed from your credit report in six years from the date of payment. If you don't pay, it purges six years from the last activity date, but you may be at risk for wage garnishment.

If the collector completely fails to respond to the validation letter, again they have 30 days to do so, then legally they must cease collection efforts, and remove negative items placed by them on your credit report.

In other words, you only have the right to request verification of your debt from companies or law firms collecting the debt or which have purchased the debt from the original creditor. A collector's duty to verify a debt only kicks in if you send a specific, written request for verification.

By law, debt collectors may not: call you before 8 a.m. or after 9 p.m.threaten to seize, garnish, attach or sell your property or your wages unless they are permitted by law to do it and intend to do so. give false credit information about you to anyone, including a credit reporting company.

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Notice to Debt Collector - Collecting an Amount Not Authorized by Agreement or by Law