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Complaint by Debtor for Harassing and Malicious Telephone Calls...

San Diego California Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act

Name: San Diego California Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act
Brand: US Legal Forms
Rating: 4.75 (239 reviews)

Category:

Collections - Harassment

State:

Multi-State

County:

San Diego

Control #:

US-01420BG

Format:

Instant download

Description

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. 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.

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

5 ways to deal with debt collectors Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

Repeated phone calls or texts, meant to annoy or abuse you. Threats of violence or other kind of harm. Obscene, abusive, or vulgar language. Sharing your information publicly, to shame you into paying your debts.

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages and attorney fees.

If a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.

Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

Harassment of the debtor by the creditor More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

San Diego California Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act

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