Allegheny Pennsylvania Letter Informing Debt Collector of Harassment or Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor

State:
Multi-State
County:
Allegheny
Control #:
US-DCPA-18.1BG
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Section 806 of the Fair Debt Collection Practices Act states in part that a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. One example of such activity involves using threats (including implied threats), violence, or other criminal means to harm anyone's reputation, property, or physical person.

Allegheny Pennsylvania Letter Informing Debt Collector of Harassment or Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor: Dear [Debt Collector's Name], I am writing to inform you of the ongoing harassment and abuse I have been experiencing from your collection agency regarding the outstanding debt attributed to my account. It has come to my attention that your representatives have been engaging in threatening behaviors, such as the use of violence or other criminal means to harm my physical person, reputation, and/or property. This letter serves as a formal complaint and a demand to cease all abusive collection activities immediately. I remind you that such threats and actions are strictly prohibited under the Fair Debt Collection Practices Act (FD CPA) and relevant state laws in Pennsylvania, including Allegheny County regulations. It is imperative for you to understand the seriousness of the matter and take immediate corrective actions. The specific incidents of harassment and abuse I have experienced include: 1. Threats of physical harm: Your debt collectors have repeatedly made explicit or implicit threats of violence against me. This includes statements such as "We know where you live" or "You better pay up or else." 2. Property damage threats: Your representatives have made menacing remarks about causing damage to my property if I fail to pay the debt in question. These threats are completely unacceptable and illegal. 3. Reputation harm: Your collection agency has engaged in defamatory actions, such as sharing false information about my financial situation with third parties or making derogatory remarks that could damage my reputation. I demand an immediate stop to these abusive collection activities. Failure to comply with this request will leave me with no choice but to take legal action against your agency. I have meticulously recorded evidence of each incident, including audio recordings of phone calls, copies of correspondence, and witness testimonies. I expect a written response from your agency confirming that you have received this complaint and that necessary steps have been taken to address and rectify the situation. Additionally, I request that you provide me with copies of all documents related to my debt, including the original agreement and any subsequent modifications. Please treat this matter with the utmost urgency. I trust that you will see the gravity of the situation and take appropriate action to ensure that your collection practices are lawful and respectful. Yours sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address]

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FAQ

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

What are the provisions of the FDCPA? Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.

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.

A creditor can sue you if you get behind in your payments. The creditor may file a law suit at the Magisterial District Court if it's for a small amount, or may sue you in the County Court of Common Pleas, or in Federal Court. A PA constable or sheriff must serve you with a copy of the Complaint.

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.

Under the Statute, the creditor has four years to file suit from the date the debtor defaulted on or breached the contract. If the debtor fails to file suit within four years, the creditor is barred from collecting the debt in court.

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.

How to Beat a Debt Collector in Court Respond promptly to the lawsuit.Challenge the debt collector's right to sue.Bring up the burden of proof.Review the statute of limitations.File a countersuit.Decide if it's time to file bankruptcy.Use these 6 tips to draft an Answer and win.What is SoloSuit?

7 Ways To Defend a Debt Collection Lawsuit Respond to the Lawsuit or Debt Claim.Challenge the Company's Legal Right to Sue.Push Back on Burden of Proof.Point to the Statute of Limitations.Hire Your Own Attorney.File a Countersuit if the Creditor Overstepped Regulations.File a Petition of Bankruptcy.

Statute of Limitations in Pennsylvania Pennsylvania statute of limitations for a debt collector to take someone to court, is four years after the first missed payment. This doesn't mean, however, the debt collector has to stop seeking payment. It just means they can't sue for payment.

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A tenancy has the meaning of the Civil Code and is “The ownership or rental under lease or hire for use for a fixed term of years, but the lessor or lessee is not liable for damages for noncompliance with a requirement of this article.” 18 U.S.C. § 2071; see also, 21 U.S.C. § 3091(14). A lease, or contract other than a lease, is “An agreement to lease land, water, goods, or services from a lessor to a lessee on terms, including the rental of space under such agreement, such terms as are reasonable and customary in the neighborhood in which such land, water, goods, or services are placed for use or occupancy by parties of the same household and their guests, and such terms are not prohibited by any law of the state or of the United States 22 U.S.C. § 4713-13.

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Allegheny Pennsylvania Letter Informing Debt Collector of Harassment or Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor