Any violations of Fair Debt Collection Practice Act?
Summons was taped on my door not filed with any court.
The summons itself is poorly worded and included false allegations. Stating a REAL ESTATE contract was attached and signed and I never signed nor seen this contract.
Debt was owed 100, 200, 300, whole numbers that are just false.
Something about credit repair that was never done or touched.
The entire Summons is a lie.
The person harassed me so much I had to place a restraining order on him.
Update:Also, the person never filed with the courts as he would not have any evidence to present because it is all made up.
It was placed on my door late July.
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Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
•use threats of violence or harm;
•publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
•use obscene or profane language; or
•repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
•falsely claim that they are attorneys or government representatives;
•falsely claim that you have committed a crime;
•falsely represent that they operate or work for a credit reporting company;
•misrepresent the amount you owe;
•indicate that papers they send you are legal forms if they aren’t; or
•indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
•you will be arrested if you don’t pay your debt;
•they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
•legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
•give false credit information about you to anyone, including a credit reporting company;
•send you anything that looks like an official document from a court or government agency if it isn’t; or
•use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
•try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
•deposit a post-dated check early;
•take or threaten to take your property unless it can be done legally; or
•contact you by postcard.
What the question comes down to is whether or not the person who was attempting to collect the debt or posted the information was a debt collector or if he was acting of his own accord as his own agent. If he is not a debt collector, he may not be able to be held liable for FDCPA violations.