LAWDOG Fair Debt Collection Practices Act

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Dispossession Or Threatening Dispossession Without Right

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. This includes taking or threatening to take any nonjudicial action to repossess or disable property if there is no present right to possession of the property claimed as collateral through an enforceable security interest, no present intention to take possession, or the property is exempt by law from such repossession. See Section 808 (6) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Repossessors May Be Covered For This Portion Only

A portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following:

"Section 808(6) prohibits taking nonjudicial action to enforce a security interest on property, or threatening to do so, where (A) there is no present right to the collateral, (B) there is no present intent to exercise such rights, or (C) the property is exempt by law.

A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.

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