Maryland Debt Collection Violations

Summary

Violations of the Maryland Consumer Debt Collection Act include using threats, misrepresenting debt status, and unfair collection practices. Re-aging accounts to manipulate the statute of limitations is a violation. The Maryland Consumer Protection Act can hold credit reporting agencies liable for inaccuracies. To file a complaint, gather evidence like credit reports and correspondence. Consider legal action if disputes with credit agencies remain unresolved. Filing a complaint involves detailing violations and seeking court relief.

Full Conversation

What is a violation of the Maryland debt collection practice act?
A violation of the Maryland Debt Collection Act may include:
- Using or threatening violence or other criminal means to harm the physical person, reputation, or property of any person.
- Misrepresenting the amount or legal status of any debt.
- Using unfair or unconscionable means to collect or attempt to collect any debt.
Where in Maryland are you located? This might help provide more specific information based on your area.
If there is a debt collector that has re aged an account to manipulate Maryland statute of limitations would that be a violation under this act ?
Yes, re-aging an account to manipulate the statute of limitations can be considered a violation under the Maryland Consumer Debt Collection Act (MCDCA). Specifically, it may fall under misrepresenting the amount or legal status of any debt and using unfair or unconscionable means to collect a debt.
Do you have any documentation or communication from the debt collector that could support your claim?
I have my credit report that shows this account being furnished I also have communication correspondence from the original creditor stating that the account was sold to debt collector 4 years ago
It looks like you have some strong documentation to support your claim.
It might be helpful to gather all your evidence, including your credit report and any correspondence with the original creditor or debt collector. A detailed review by a legal professional could help determine the best course of action.
Would you like more information on how to proceed or need help finding a lawyer in Maryland?
How would this look as a complaint being filed in district court
Here's a general outline for filing a complaint in district court based on the information provided:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Date]
[District Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Complaint for Violation of the Maryland Consumer Debt Collection Act
To the Honorable Court,
Plaintiff: [Your Name]
Defendant: [Debt Collector's Name]
Nature of Complaint:
This is a complaint for violations of the Maryland Consumer Debt Collection Act (MCDCA), Md. Code Ann., Com. Law § *-* et seq.
Facts:
*. Plaintiff is a resident of [Your City], Maryland.
*. Defendant is a debt collector engaged in the business of collecting debts in Maryland.
*. On [Date], Plaintiff became aware that the Defendant had re-aged an account to manipulate the statute of limitations.
*. Plaintiff's credit report shows the account being furnished by the Defendant.
*. Plaintiff has communication correspondence from the original creditor, dated [Date], stating that the account was sold to thedebt collector four years ago.
Violations:
*. The Defendant misrepresented the legal status of the debt by re-aging the account.
*. The Defendant used unfair or unconscionable means to collect the debt, violating Md. Code Ann., Com. Law § *-*.
Relief Sought:
Plaintiff requests that the Court:
*. Declare that the Defendant's actions violate the MCDCA.
*. Award damages to the Plaintiff for harm suffered.
*. Grant any further relief the Court deems just and proper.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
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Would you like more details on the filing process or assistance in finding a lawyer in Maryland?
What if you disputed this account with credit reporting agencies and the dispute results came back 8 days later updated but it still reflects the same inaccuracy?
If the dispute with credit reporting agencies didn't resolve the inaccuracy, you might have a strong case for legal action:
- Document the dispute process and results.
- Gather evidence of inaccuracies.
- Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB).
Would you like more information on filing a complaint with the CFPB or need help finding a lawyer in Maryland?
Which Maryland state law can I use to hold the credit reporting agency liable?
You can use the Maryland Consumer Protection Act (CPA), Md. Code Ann., Com. Law § *-* et seq., to hold the credit reporting agency liable for inaccuracies. This act prohibits unfair or deceptive trade practices, which may include inaccurate credit reporting.
Would you like more details on how to proceed or assistance in finding a lawyer in Maryland?
How would this look as a complaint being filed in district court?
Here's a general outline for filing a complaint in district court based on your situation:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Date]
[District Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Complaint for Violation of the Maryland Consumer Debt Collection Act and Maryland Consumer Protection Act
To the Honorable Court,
Plaintiff: [Your Name]
Defendant: [Debt Collector's Name]
Defendant: [Credit Reporting Agency's Name]
Nature of Complaint:
This is a complaint for violations of the Maryland Consumer Debt Collection Act (MCDCA), Md. Code Ann., Com. Law § *-* et seq., and the Maryland Consumer Protection Act (CPA), Md. Code Ann., Com. Law § *-* et seq.
Facts:
*. Plaintiff is a resident of [Your City], Maryland.
*. Defendant [Debt Collector's Name] is engaged in the business of collecting debts in Maryland.
*. Defendant [Credit Reporting Agency'sName] is a credit reporting agency operating in Maryland.
*. On [Date], Plaintiff became aware that the Defendant [Debt Collector's Name] had re-aged an account to manipulate the statute of limitations.
*. Plaintiff's credit report shows the account being furnished by the Defendant [Debt Collector's Name].
*. Plaintiff has communication correspondence from the original creditor, dated [Date], stating that the account was sold to the debt collector four years ago.
*. Plaintiff disputed the account with credit reporting agencies, and the dispute results came back 8 days later, but the inaccuracy was not corrected.
Violations:
*. The Defendant [Debt Collector's Name] misrepresented the legal status of the debt by re-aging the account.
*. The Defendant [Debt Collector's Name] used unfair or unconscionable means to collect the debt, violating Md. Code Ann., Com. Law § *-*.
*. The Defendant [Credit Reporting Agency's Name] failed to correct the inaccuracies, violating Md. Code Ann., Com. Law § *-* et seq.
Relief Sought:
Plaintiff requests that the Court:
*. Declare that the Defendant's actions violate the MCDCA and CPA.
*. Award