Sample Letter 8g to Debt Collector:
Making Threats in Violation of FDCPA
Note: Some debt collectors will make all kinds of threats to get the debtor to immediately wire money to the debt collection agency, such as being vulgar or obscene or threatening to have the debtor arrested (which they can't do); impersonating law enforcement or court employees and claiming the debtor is about to be arrested or sued; or claiming that someone will be arriving at the debtor's home to beat him up, kill him, seize property or haul the debtor off to jail if a payment isn't wired via Western Union immediately. See Handling Debt Collectors for more information.
Certified Mail No. ___________________
Return Receipt Requested
Name of Owner (or Manager)
Debt Collection Agency
City, State, Zip Code
Re: Account of [your name]; Account Number ______________
Dear [Name of Owner or Manager]:
The purpose of this letter is to report that one of your employees, [John Smith], has been engaging in collection activities that violate the Fair Debt Collection Practices Act. Specifically, [John Smith] has been calling me constantly over the last three weeks and harassing me with abusive and obscene language. When I hang up the telephone on him, he repeatedly rings the telephone over and over until I answer it. On two occasions, he told me I would be put in jail if I didn't wire him money immediately.
The Fair Debt Collection Practices Act state specifically that:
"A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) the use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader; and (5) causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."
If this behavior continues, I will report your firm to the FTC, my state's Attorney General and explore all legal remedies available to me.