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.
West Virginia 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 response to a complaint regarding debt collection practices. This document is specific to cases filed in West Virginia and aims to dispute the allegations made by the debtor. It serves to defend the defendants against charges of harassment, malicious information dissemination, and violations of the Federal Fair Debt Collection Practices Act (FD CPA). Keywords: West Virginia, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Malicious Information, Federal Fair Debt Collection Practices Act, FD CPA. Types of West Virginia 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: 1. General Denial: Defendants may categorically deny any unlawful behavior, including harassment, use of malicious information, and violations of the FD CPA. They may argue that they have complied with all applicable laws and regulations during their debt collection efforts. 2. Affirmative Defenses: Defendants may present affirmative defenses, indicating that they have lawful justification for their actions. These defenses may include demonstrating that the debtor owed the alleged debt, proving the accuracy of information provided, or asserting the debtor's consent to communication methods used during the collection process. 3. Statute of Limitations: Defendants may argue that the debtor's claim is time-barred due to the expiration of the applicable statute of limitations. They may assert that the debtor filed the complaint after the allowed time period, making the claim invalid. 4. Lack of Standing: Defendants may challenge the debtor's standing to bring the lawsuit in the first place. They may argue that the debtor does not have proper legal authority to pursue the claim or lacks standing to assert a violation of the FD CPA. 5. Request for Dismissal: In some cases, defendants may request dismissal of the debtor's complaint altogether. They may argue that the allegations made are unsubstantiated, fail to state a claim, or lack sufficient evidence to proceed. In summary, the West Virginia 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 response to defend against allegations of unlawful debt collection practices. Defendants have various options to dispute the claims, including general denial, affirmative defenses, asserting statute of limitations, questioning standing, or requesting dismissal.
