Fair Debt Collection Practices in Virginia need explanation please

[Anonymous]

Could someone please explain this to me in normal language

Fair Debt Collection Practices:

The State of Virginia does not have statutory provisions governing debt collection practices. However, see Virginia Code Section 18.2 - 213 which reads as follows:

§ 18.2-213

Simulation of warrants, processes, writs and notices

Any person who, for the purpose of collecting money, shall knowingly deliver, mail, send or otherwise use or cause to be used any paper or writing simulating or intended to simulate any warrant, process, writ, notice of execution lien or notice of motion for judgment shall be guilty of a Class 4 misdemeanor.

Message Edited by Harpo on 10-21-2008 08:16 AM

[Anonymous]

I think it says that if a collector pretends (or simulates) to be serving papers or pretends to have a judgement in order to collect money, will be guilty of misdemeanor.

Not very different from federal statute (FDCPA) - this also forbids using correspondence or wording that simulates legal process to collect money.

[Anonymous]

It means no one can send FAKE legal papers to you. That's fraud. It's not that they can't send you bills or reminders, but if they send something that looks just like a legal paper, service, a sherriff's kind of note, or if they send an intent to sue (we have sent this to our legal department and will proceed with legal remedies) and they don't do it, they can be charged with fraud or whatever that class 4 misdeameanor is in Virginia.

Consumer protection laws basically say that debt collectors cannot threaten, frighten, fool or harrass you into paying your debt. Then they describe all the different ways they can't do those things, and what the punishment would be if they did.