Can a creditor contact you at work?

This means that debt collectors cannot harass you in-person at your work. However, a debt collector, like a credit card company, may call you at work, though they can't reveal to your co-workers that they are debt collectors. If you ask the debt collector not to contact you at work, by law they must stop.

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Notice of Violation of Fair Debt Act - Improper Contact at Work

Phoenix Arizona Notice of Violation of Fair Debt Act - Improper Contact at Work

Name: Phoenix Arizona Notice of Violation of Fair Debt Act - Improper Contact at Work
Brand: US Legal Forms
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Category:

Collections - Fair Debt Practices Act

State:

Multi-State

City:

Phoenix

Control #:

US-DCPA-3

Format:

Instant download

Description

This form is for use by debtors in unfair collection practice situations, a Notice of Violation of Fair Debt Act regarding Improper Contact at Work. It is available in Word or Rich Text format.

Phoenix Arizona Notice of Violation of Fair Debt Act — Improper Contact at Work is a legal document that serves as a notification to an individual in Phoenix, Arizona when a debt collector has violated the Fair Debt Act by making improper contact at their workplace. This violation occurs when a debt collector contacts an individual at their place of work, either by phone or in person, in an inappropriate or harassing manner. The purpose of this notice is to inform the debtor of their rights and to bring the debt collector's wrongful behavior to their attention. It aims to make the debtor aware that they are protected by the Fair Debt Act and that they have the right to take legal action against the debt collector for their improper contact. There are various types of Phoenix Arizona Notice of Violation of Fair Debt Act — Improper Contact at Work, depending on the specific circumstances of the violation. Some common types may include: 1. Harassing Phone Calls: This notice is used when the debt collector repeatedly calls the individual's workplace, causing undue stress and harassment. 2. In-Person Visits: This notice is applicable when a debt collector visits an individual's workplace without their consent or after being explicitly instructed not to do so. 3. Disclosure of Debt: This notice is used when the debt collector reveals private debt-related information to the individual's coworkers, superiors, or other unauthorized parties while contacting them at work. 4. Threats or Intimidation: This notice is relevant when a debt collector uses aggressive language, threats, or intimidation tactics while communicating with the individual at their place of work. 5. Continuous Disruptions: This notice is applicable when a debt collector frequently contacts an individual at their workplace, disrupting their ability to perform their job duties or causing distress. It is important for individuals who receive a Phoenix Arizona Notice of Violation of Fair Debt Act — Improper Contact at Work to seek legal advice promptly. They should gather any evidence of the improper contact and consult with an attorney experienced in consumer protection laws to understand their rights and potential course of action. Taking legal action against the debt collector may result in the debt collector being held accountable for their actions, facing penalties, and potentially ceasing future improper contact at the individual's workplace.

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FAQ

Debt collectors cannot call you at unusual or inconvenient times or places. Generally, they may call between 8 a.m. and 9 p.m., but you may ask them to call at other times if those hours are inconvenient for you.

Harassment and Call Restrictions 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.

Debt collectors are allowed to contact your family, friends, neighbours, employer(s), and the like, but only to attempt to get your phone number and address, or to confirm your employment. In doing so, they cannot discuss your debt with these people, and once they've made contact, they cannot call them again.

Fortunately, there are legal actions you can take to stop this harassment: Write a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

If a creditor waits too long to take court action, the debt will become 'unenforceable' or statute barred. This means the debt still exists but the law (statute) can be used to prevent (bar) the creditor from getting a court judgment or order to recover it.

This means that debt collectors cannot harass you in-person at your work. However, a debt collector, like a credit card company, may call you at work, though they can't reveal to your co-workers that they are debt collectors. If you ask the debt collector not to contact you at work, by law they must stop.

Debt collectors are only allowed to contact debtors within reasonable hours. According to the Debt Collection Guideline, phone calls to debtors are allowed from Monday through Friday, between in the morning and up until 9 in the evening.

The definition of debt collector harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment also could come in the form of emails, texts, social media, direct mail or talking to friends or neighbors about your debt.

Top 7 Debt Collector Scare Tactics Excessive Amount of Calls.Threatening Wage Garnishment.Stating You Have a Deadline.Collecting Old Debts.Pushing You to Pay Your Debt to ?Improve Your Credit Score?Stating They ?Do Not Need to Prove Your Debt Exists?Sharing Your Debt With Family and Friends.

Put simply ? yes, if you owe money, collection agencies are allowed to call you at work. There are two primary reasons why a collection agency might contact your workplace or employer. Firstly, they may want to frighten or intimidate you.

Interesting Questions

More info

Yes, you can sue Phoenix Financial Services for harassment. Most Common Problems Are debt collectors calling you before 8 a.m.B. Unfair or Deceptive Acts Involving Contact with a Debtor. This is a call from a debt collector. Bad Debt Solutions for. The rights of debtors and the obligations of debt collectors are spelled out in the Fair Debt Collection Practices Act (FDCPA). No cost legal help and cash awards when they break the law. If you're experiencing harassment, abuse or other violations of your rights from aggressive debt collectors, we'll fight for you under the FDCPA. Prisoner, and works to limit prisoners' access to the federal courts. Why would Congress pass such a bad law?

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Notice of Violation of Fair Debt Act - Improper Contact at Work

FEDERAL FAIR DEBT COLLECTION ACT

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Note: This summary is not intended to be an all inclusive summary of the Fair Debt Collection Practices Act but does include many issues.

Who Is a Debt Collector?

According to the Federal Fair Debt Collection Act, a debt collector is any person, other than the creditor, who regularly collects debts owed to others. Federal Fair Debt Collection Act was amended in 1986 to include attorneys who collect debt on a regular basis. However, this amendment does not apply to attorneys who only handle debt collection matters a few times a year.

What Debts Are Covered?

Personal, family, and household debts are covered under the Act. This includes money owed for medical care, charge accounts, and even car purchases.

How May a Debt Collector Contact You?

A debt collector may contact you in person, by mail, telephone, or telegram. However, a debt collector may not contact you at inconvenient or unusual times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the debt collector has reason to know that your employer disapproves.

Can You Stop a Debt Collector From Contacting You?

You may stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to notify you that some specific action will be taken, which could include the instigation of legal action.

May a Debt Collector Contact Any Other Person Concerning Your Debt?

A collector can only contact you and your attorney. Generally, the collector is not allowed to tell anyone other than you and your attorney that you owe money. If you do not have an attorney, the debt collector may contact other people, but only to find out where you live or work. Furthermore, the collector is usually prohibited from contacting any person, other than you or your attorney, more than once.

What Is the Debt Collector Required To Tell You About the Debt?

Within five days after you are first contacted, the debt collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what to do if you believe you do not owe the money.

If You Believe You Do Not Owe the Money, May a Debt Collector Continue To Contact You?

The debt collector may not contact you if, within 30 days after you are first contacted, you send the collector a letter saying you do not owe the money. However, a debt collector can begin collection activities again if you are sent proof of the debt, such as a copy of the bill.

What Types Of Debt Collection Practices Are Prohibited?

Harassment:

Debt collectors may not harass, oppress, or abuse any person. Debt collectors may not: (a) Use threats of violence or harm to the person, property, or reputation. (b) Advertise your debt or publish a list of consumers who refuse to pay their debts (except to a credit bureau). (c) Use obscene or profane language. (d) Repeatedly use the telephone to annoy someone. (e) Telephone people without identifying themselves.

False statements.

Debt collectors may not use any false statements when collecting a debt. Debt collectors may not: (a) Falsely imply that they are an attorney or government representative. (b) Falsely imply that you have committed a crime. (c) Falsely represent that they operate or work for a credit bureau. (d) Misrepresent the amount of the debt. (e) Indicate that papers being sent are legal forms when they are not. (f) Indicate that papers being sent are not legal forms when they are.

Debt collectors may not say that:

(a) You will be arrested if you do not pay your debt. (b) They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so, and it is legal. (c) Actions will be taken against you which legally may not be taken.

Debt collectors may not:

(a) Give false credit information about you to anyone. (b) Send you anything that looks like an official document from a court or government agency when it is not. (c) Use a false name.

Unfair Practices.

Debt collectors may not engage in unfair practices in attempting to collect a debt. Debt collectors may not: (a) Collect any amount greater than your debt, unless allowed by law. (b) Deposit a post-dated check before the date on the check. (c) Make you accept collect calls or pay for telegrams. (d) Take or threaten to take your property unless this can be done legally. (e) Contact you by postcard.

What Control Do You Have Over Payment Of Debts?

If you owe several debts, any payment you make must be applied to the debt you choose. A debt collector may not apply a payment to any debt you believe you do not owe.

What Can You Do If You Believe a Debt Collector Broke the Law?

You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damage you suffered, plus court costs and attorney's fees. A group of people may sue a debt collector and recover money for damages up to $500,000 or one percent of the collector's net worth, whichever is less.

Additional Summary:

Attorneys or law firms that engage in traditional debt collection activities (sending dunning letters, making collection calls to consumers) are covered by the FDCPA, but those whose practice is limited to legal activities are not covered.

Similarly, filing or service of a complaint or other legal paper (or transmission of a notice that is a legal prerequisite to enforcement of a debt) is not a "communication" covered by the FDCPA, but traditional collection efforts are covered.

A student loan is a "debt" covered by the FDCPA; however, alimony, tort claims, and non-pecuniary obligations are not covered.

A salaried attorney who collects debts on behalf of, and in the name of, his creditor employer, and a state educational agency that collects student loans, are exempt from coverage by the FDCPA.

Debt collectors (including attorney debt collectors) are subject to the venue limitations of the FDCPA.

An attorney debt collector, who represents either (1) a creditor or (2) a debt collector that previously tried to collect an account, may report his collection efforts to the debt collector.

An attorney may communicate with a witness in a lawsuit that has been filed.

A debt collector may provide a list of consumers, against whom judgments have been entered, to an investigator in order to locate such individuals.

A debt collector may place a public notice required by law as a prerequisite to enforcing the debt.

An attorney debt collector must provide the required validation notice, even if a previous debt collector (or the creditor) has given such notice.

A debt collector does not comply with the obligation to verify the debt simply by including proof with the first communication to the consumer.

An attorney debt collector may take legal action within 30 days of sending the required validation notice, regardless of whether the consumer disputes the debt; if the consumer disputes the debt, the attorney may still take legal action but must cease other collection efforts (e.g., letters or calls to the consumer) until verification is obtained and mailed to the consumer.

Reference: Consumer Credit Protection Act and Fair Debt Collection Practices Act See 15 U.S.C. 1601 et seq.