A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes failing to disclose in the initial communication with the consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose (Mini Miranda)
Bronx New York Notice to Debt Collector - Failure to Provide Mini-Miranda
Category:
State:
Multi-State
County:
Bronx
Control #:
US-DCPA-34
Format:
Word;
Rich Text
Instant download
Description
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.
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FAQ
Mini-Miranda rights are a set of statements that a debt collector must use when contacting an individual to collect a debt. Mini-Miranda rights have to be recited, by law, if the debt collection effort is being made over the phone or in-person and outlined in written form if a letter is sent to the debtor.
Mini-Miranda rights are a set of statements that a debt collector must use when contacting an individual to collect a debt. Mini-Miranda rights have to be recited, by law, if the debt collection effort is being made over the phone or in-person and outlined in written form if a letter is sent to the debtor.
The mini Miranda does not have to be stated when you are speaking directly with a creditor. The creditor is the company to which you owe the original debt. If they contact you by phone, email, or in person and identify themselves as the creditor, the company does not need to state the mini Miranda warning.
The federal FDCPA says that the collector must disclose in the initial communication that they're attempting to collect a debt and that any information obtained will be used for that purpose.
The mini Miranda exists to help you understand what you shouldn't say to a debt collector so you don't incriminate yourself. Anything and everything you say to the debt collector during your correspondence can be used against you to build a case.
Debt collectors are required to give the full mini Miranda in their initial communication with you, no matter what form. 1fefffeff The first time a third-party debt collector speaks with you on the phone or sends you a letter, the mini Miranda statement must be included.
Benefits of the Mini-Miranda The mini-Miranda is a consumer protection that prevents debt collectors from deceiving consumers about the purpose of a communication in order to obtain information the consumer may not otherwise have revealed.
At the beginning of a collection call, a debt collector must recite wording that has come to be called the mini-Miranda disclosure. It informs the consumer that the call is from a debt collector, that they are calling to collect a debt, and that any information revealed in the call will be used to collect that debt.
1fefffeff The first time a third-party debt collector speaks with you on the phone or sends you a letter, the mini Miranda statement must be included. The disclaimer keeps debt collectors from tricking you into giving up information that can be used against you.