Collection agencies cannot falsely claim that you have committed a crime or say you will be arrested if you don't repay the money they say you owe. These cookies ensure basic functionalities and security features of the website, anonymously. Searching the internet comes up with a variety of crazy lengths people have gone to avoid a process server. Application for a subagent registration certificate. A letter sent by a creditor or its debt collector will often threaten you with legal action unless the debt is paid. Under the FDCPA, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. Don't use the address or phone number on the document you receive. Second, document the actions of the debt collector. You didn't ask for validation or dispute the claim. The Fair Debt Collection Practices Act allows debt collectors to contact certain third parties, including employers, only to get contact and location information about you. But debt collectors cannot discuss the details of your suit. 2d 932 Russey vs. Rankin, 911 F. Supp. The Consumer Financial Protection Bureau provides sample letters to debt collectors that you can use to ensure you don't say the wrong thing or give out more information than necessary. Pretend to Work for a Government Agency. SoloSuit is a self-help tool. Call Lem https://t.co/AbWZWqnjkW, Background check errors are common and costly, particularly for people with common names. Check out these resources. Keep a copy for your records. Courts can only enforce the laws in their jurisdiction. In fact, the creditor will need to show the court its attempts at collecting the debt and its notice of intent to sue in order to prove its case. Thats rightits a debt collector calling again. Seven years later, a debt collection law firm sent the consumer a letter saying that, if they didnt pay the original check amount, along with service charges, interest, and attorney fees, the law firm would file suit. They will call you on the phone or even send you text messages that may try to bolster their claims. Compensation, along with hours of in-depth editorial research, determines where & how companies appear below. And at what point does annoying turn into harassing? You may need to pay a filing fee, and if this is unmanageable, you can request a fee waiver. Debt Validation Letter: Definition, Sample, and Your Rights. Easily Stop Debt Collector Calls from 1246488923 Immediately, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, Cancel any unwanted service or subscription. Look over your records about the debt and any information you may have gotten from the collector . Someone has said that FEAR is: If you do not respond, it may lead to a default judgment. What isnt legal are some of the tactics some debt collectors still try to get away with, like harassment and threats. Firstly, they might have someone call you demanding payment of your outstanding account. "Your state attorney general's office can help you determine your rights under your state's law. ", No, according to the CFPB, it "applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. You can also investigate other options such as a counterclaim if they violate the FDCPA, or challenging the statute of limitations. If youre experiencing harassing calls and threats of a lawsuit from a debt collector, you should send the debt collector a cease and desist letter informing them that they are in violation of the FDCPA. A debt collector cant directly dip their hands into your paycheck, but theyll have no problem suing you for what you owe. This contact may be by phone or letter. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. What Happens If Someone Sues You and You Have No Money? If you're sued by a debt collector, you should respond to the lawsuit. You may also want to explore other options, such as a counterclaim if they violate the FDCPA, or challenging the statute of limitations. SoloSuit makes it easy to respond to a debt collection lawsuit. Self-Service. Theres a good chance that you can recover damages. But remember, out of sight, out of mind is not a winning mindset. This is why there are strict laws in place to protect you as a consumer. If you owe money to a credit card company, medical provider, furniture store, student loan holder, or any other creditor, and you don't pay or get behind in payments, at some point you might get sued. Debt collectors can't come to your home during "unusual" hours, defined as before 8 a.m. or after 9 p.m., nor can they do it in a way that they know will be inconvenient for you. meeting, February | 166 views, 1 likes, 0 loves, 0 comments, 0 shares, Facebook Watch Videos from Kentucky Public Pensions Authority: Meeting Agenda -. While it's legal for them to call a family member or friend to find you, a debt collector cannot give them details about your debt. They also cannot claim to be working for a consumer reporting agency. By clicking Accept All, you consent to the use of ALL the cookies. Scammers will call from fake numbers, blocked numbers, or untraceable numbers. the name of the creditor you owe it to. These cookies track visitors across websites and collect information to provide customized ads. It is better to respond with hopes to settle instead. Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB. mislead or deceive the debtor. There are two other conditions that must be met for a creditor to serve papers on a debtor. Here's How to Stop It! What Happens If You Never Answer Debt Collectors? This allows for service when all other options fail. Yes, papers can be served to you at work, but something tells me this is just a scare tatic to try to get you to pay more money. And if the debt collector violates those rights, you can report them to the authorities and even sue them. It is up to the plaintiff to show proof of self service. The plaintiff can opt to have the court serve papers. However, even after the period has expired, the CFPB adds, debt collectors can still "try to get you to pay the debt by sending you letters or calling you as long as they do not violate the law while doing so.". However the collector, using the word "locator" would seem to indicate they may be bluffing. The Federal Trade Commission suggests contacting it, the Consumer Financial Protection Bureau (CFPB), and your state attorney general's office. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs. Distressed homeowners who successfully fought foreclosure lawsuits stemming from the 2010 U.S. foreclosure crisis commonly used this defense. A debt collector can also contact your attorney and, if otherwise allowed by law, credit reporting companies (Equifax, Experian, and TransUnion) about your debt. Debt collectors are permitted to contact third parties to try to track you down, but they're only allowed to ask those people for your address, home phone number, and place of employment. They cannot publish the names of people who owe money. James, >>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate, >>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance. "Are There Laws That Limit What Debt Collectors Can Say or Do? In most cases, they may not contact those people more than once. This means that debt collectors cannot harass you in-person at your work. When you are served with a collections lawsuit, it can be ego damaging, let alone if there is someone around to see it happen. A collector has to give you "validation information" about the debt, either during the collector's first phone call with you or in writing within five days after first contacting you. This was the case in Russey vs. Rankin, in which the consumer had a credit card debt and the creditors debt collection attorney sent a letter to the consumer demanding that they send payment within five days. After graduation, Justice began working in finance, gaining valuable experience and insights into the industry. This means that debt collectors cannot harass you in-person at your work. take unfair advantage of any vulnerability, disability or similar affecting a debtor. Most likely, theyll try to serve you at your home first, but if that doesnt work out, theyll come to your place of employment for your collection lawsuit. If you get a summons, look up the court's contact information online (not on the notice you were sent) and contact the court directly to confirm that the notice is accurate. . Service of papers means a defendant is being notified of a legal action taken against them in court by a plaintiff. Application for a corporation's licence. And thats the point: to find you, make you feel vulnerable, and shame you into action. I have been experiencing either brakes or some rear or, I have a 2018 Kia Sportage, my number one complaint is that I have to keep adding quarts of oil between oil changes (this can't be normal). But opting out of some of these cookies may affect your browsing experience. Served Papers for a Debt? Even so, some debt collectors flout the law. Despite this, you can still be served with a collections lawsuit at work. The law lists specific ways in which debt collectors are not allowed to harass you. 68 of 1969). The creditor or collection agency (or lawyer) must serve you with a copy of the complaint, along with a summons. The summons notifies you that you are being sued, and usually provides additional information such as when you need to file a formal response in court. Jaguar Land Rover to Pay $26,500 for Lemon Law Violation. Its common for overseas companies to use generic industrial addresses, shared workspaces, or P.O. Here are the main steps to take if you get sued by a debt collector: Answer the lawsuit, which you may have to do in writing or by showing up to court or both. Can a debt collector serve you papers at work? We also use third-party cookies that help us analyze and understand how you use this website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Justice joined a financial website as a writer, where she created articles and reviews on a wide range of financial topics, including debt consolidation and scams in the financial industry. This is why there are strict laws in place to protect you as a consumer. Visit the Court Clerk to Verify Legitimacy. Many or all of the companies featured here provide compensation to us. This means the plaintiff agrees to either personally deliver the papers to the defendant or hire a third-party process server. If youre avoiding being served with court papers for a collection lawsuit, dont worry, theyll eventually catch up to you at work. Today, what debt collectors can do to secure payment is a lot more limited than it used to be. You can learn more about the standards we follow in producing accurate, unbiased content in our. Heres what you should know. If you're having . If you don't believe that you owe a debtand don't want to be served papers that could end with you embroiled in a civil lawsuit, there are a few things you can do to dispute the debt collector's claim. And they have a legal right to do all of this. Justice pursued this passion by earning a degree in finance from the University of Michigan, where she refined her analytical skills and deepened her knowledge of the financial industry. Limitations on debt collection by state. I have to, Things You Can Do Yourself When You Have a Lemon, Background Check Errors Can Cost you a Job and So Much More, Tenant Data Services Screening Report Dispute False Info or Errors, How to dispute background check errors that cost you a job. However, many states require that this person be approved by the court. But when does a line get crossed between doing their job and straight-up harassment? After a period of time, generally 9 months to a year, the debt starts to be come known as 'stale'. Zombie debt is scary. Form 3-2. Necessary cookies are absolutely essential for the website to function properly. This is called notice of their claim. If they call repeatedly or discuss the details of your debt, theyre violating the law. Bikram Choudhury, founder of Bikram Yoga, famously avoided being served by California courts by leaving the country. The federal Fair Debt Collection Practices Act (FDCPA) lays out specific rules that debt collectors must follow and prohibits certain abusive practices. Do I Need a Debt Collection Defense Attorney? If your information gets https://t.co/bBZRt0j7oN, If you're being harassed by spam texts and/or robocalls, you should know that you're protected by the Telephone Con https://t.co/5l3xJvVNIb. If you have been served with a summons and complaint, you will typically have 20-30 days to file a written response. These include white papers, government data, original reporting, and interviews with industry experts. Its important to accept service to mount a defense against a debt collector. Use the branch offices to serve as information centers to collect feedback on how the comptroller's office is performing, keep track of various concerns and collect data based on race, ethnicity, or age, to assess equity and whether more services are needed in underserved communities. This refers to threatening to sue you in order to collect a debt that is past the statute of limitations; such a debt is uncollectible in a court of law. "Many states have their own debt collection laws that are different from the federal laws," it notes. Under the FDCPA, it's illegal for a debt collector to come to your workplace to collect payment. Violators of the Texas Debt Collection Act are subject to criminal and civil penalties. "What Is Harassment by a Debt Collector?". In Gostony vs. Diem Corp., a consumer moved out of their rental apartment and a debt collection law firm sent a letter demanding payment for move-out charges. Ask for Verification. SoloSuit is not an attorney or a law firm. Threatening to take your homestead or your paycheck. . Fair Debt Collection Practices Act (FDCPA): Definition and Rules, Debt Collector: Definition, Collection Strategies, Regulations, Bankruptcy Explained: Types and How It Works, Fair Debt Collection Practices Act (FDCPA). Trying to collect more than the amount originally agreed upon. The bright side is that as long as the debt collector abides by the FDCPA, no one will know why they served you. The amount of money a debt collector can take from your account depends on the state where you live. In fact, they're not even allowed to contact you by postcard. There are two other conditions that must be met for a creditor to serve papers on a debtor. This essentially means you have lost your case. Are debt collectors relentless and obnoxious? Doesn't sound koshier to me either. What Happens When a Debt Is Sold to a Collection Agency. If you aren't sure whether you owe a debt, send a letter to the collector via certified mail with a return receipt asking for more information. An adjustment bureau is an organization that focuses on helping businesses collect outstanding debts from delinquent debtors. Can You Serve Someone with a Collection Lawsuit at Their Work? The ability to imprison someone for a debt is determined by individual state laws. While at the paper, Ford received reporting awards . Debtors with court judgements against them have trouble securing credit, obtaining employment, and even end up in jail. If you are receiving threats of a lawsuit from a debt collector, you should be aware that, in order to actually sue you, the debt collection agency must serve you with papers. 6 What happens if I Sell my personal information to a creditor? Whether it's your old debt coming back to haunt you, or you're being scammed with someone else's debt, here's what you should do. Who controlled the House of Representatives in 1982? "CFPB Consumer Laws and Regulations: Fair Debt Collection Practices Act," Page 1. The debt you owe needs to be addressed, and the absence of annoying phone calls or endless letters in the mailbox doesnt make the debt disappear. how much money you owe. How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Debt collections agencies are legally banned from using abusive, unfair, or deceptive practices to collect debts from you. Someone who has defaulted on a loan or credit card probably has defaulted on others, and may have faced eviction or has . The short answer is yes. What is the least common multiple of 22 and 45? Debt collectors cant just do whatever they want. Certifications are often desired. After that, the original creditor usually hires a collection agency to collect on its behalf or sells your debt to a debt buyer who gets to keep what it collects. When a debt collector can contact you. Unfortunately, what theyre doing is not illegal. Advertiser Disclosure. That said, if you receive a legitimate order to appear in court on a matter related to a debt and you don't show up, the judge could issue a warrant for your arrest. These agencies buy your debt for pennies on the dollar, turning a profit on the funds theyre able to collect from you. If this is not the case, consider . In fact, the California Courts has an entire section of their site set up for people representing themselves who have been sued for a debt that explains your options and what each option means and how to respond to a lawsuit if you want to file an Answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document. Read our 50-state guide. The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. A debt collector can only contact you at the following times: Monday through Saturday between 7:00 a.m. and 9:00 p.m. Sundays between 1:00 p.m. and 5:00 p.m. A debt collector can't contact you on holidays. Can you serve someone with a collection lawsuit at their workplace? In the end, whatever you do, do not accept responsibility. In the case of settlement, you may be able to get your debt cut by 50% or more. No, were not talking about true love conquers all. The first step is to verify you owe the debt and that the person contacting you is a legitimate debt collector. Instead, sign up with DoNotPay to begin the appropriate legal process today. We look forward to working with you to resolve your legal issues. Can Debt Collectors Take Your Stimulus Check? Its possible for both claims to be found true. 1449, 1454 (D.N.M. Ramsey Solutions has been committed to helping people regain control of their money, build wealth, grow their leadership skills, and enhance their lives through personal development since 1992. If you don't believe that you owe a debt and don't want to be served papers that could end with you embroiled in a civil lawsuit, there are a few things you can do to dispute the debt collector's claim. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from threatening to "take any action that cannot legally be taken.". A court summons, complaint, or subpoena may also be sent via registered mail. How long can a foreign object stay in your ear? Debt collectors have a reputationin some cases a well-deserved onefor being obnoxious, rude, and even scary while trying to get borrowers to pay up. Yes. Advertiser Disclosure, Many or all of the companies featured here provide compensation to us. A debt paid is a mind set free. That might be seven months, seven years, or even longer. A process server can: Deliver the summons to a substitute person of suitable age and discretion at the place of business . Also, if the debt collector knows that your employer disapproves, the collector may not contact you at work. What Do Debt Collectors Do? Amy Fontinelle has more than 15 years of experience covering personal finance, corporate finance and investing. We work with a lot of real debt collection firms and they are not quite what you may think. In addition to her writing, Justice is an active member of her local community and is passionate about using her skills and knowledge to help others achieve financial stability and independence. Lemberg Laws team has helped countless consumers assert their rights and protect their interests when dealing with threatening debt collectors. Consumer Financial Protection Bureau. By Sheriff or process service. This is usually done through the county sheriffs office. How to Stop Debt Collectors From Harassing You. A statement describing your right to dispute the debt. However, it can be a challenge to keep up with debts, especially with the challenges in the American economythese days. The #1 reason for not having a cleaning service is money. Creditors who are trying to collect monies from you will typically do one of two things. This means the plaintiff agrees to either personally deliver the papers to the defendant or hire a third-party process server. In fact, in Choudhurys case, the judge issued a bench warrant that will be served if he enters the country again. And your hands arent tied. Although this is not ideal, you will need to move past it and work on your response. If a debt collector does any of the following, you should report them to your states attorney general office or the CFPB: You can also request debt collectors stop calling or writing you, and by law, they have to comply with your request. 2. Tayne Law Group has decades of . If the creditor or debt collector wins the lawsuit, they will obtain a judgment against you. This means the party is insolvent, and the court reviews financial paperwork to verify this. That agency accepts complaints of this kind and has additional information about debt collection. What Are Your Legal Rights in a Foreclosure? And, if you fail to pay a court fine related to your debt, or refuse to pay taxes or child support, you could go to jail. The cookie is used to store the user consent for the cookies in the category "Analytics". As a last resort, the summons will be published with the assumption that word will get to the interested party. 3 Can a debt collector threaten legal action? They can't even discuss the matter with anyone other than you, your spouse, or your attorney. If they know where you work, they can have a process server serve you there. Here are five tactics that debt collectors are specifically forbidden from using. Are There Laws That Limit What Debt Collectors Can Say or Do? The act prohibits publicizing your debts, and showing up at your job to collect your debt counts. This site does not create an attorney-client relationship. Hardship default can occur when you can't make payments on your credit card. In fact, the ACLU reports its now a common practice. Respond to the Debt Collector This makes things difficult in todays online world, where ecommerce and virtual workers allow business to be conducted without geographic restrictions. Standards we follow in producing accurate, unbiased content in our: Fair debt collection lawsuit, will... Warrant that will be served if he enters the country now a common practice the assumption that word get. With debts, and interviews with industry experts easy to respond to the interested.... Server can: deliver the papers to the use of all the.., the consumer Financial Protection Bureau ( CFPB ), and the court serve papers the industry a response... Essential for the website, anonymously published with the assumption that word will to... Process today is a law firm and straight-up harassment collector will often threaten you legal. Your answer foreclosure crisis commonly used this defense away with, like harassment and threats are two conditions! Industry experts need to pay $ 26,500 for Lemon law Violation make payments on your response numbers! Sued by a creditor to serve papers as long as the debt collector serve you there a. Move past it and work on your credit card probably has defaulted on others, and may have faced or... Should respond to the use of all the cookies in the end, whatever you,... Have someone call you on the dollar, turning a profit on the funds able. Affect your browsing experience the case of settlement, you consent to the interested party has than! To contact you by postcard legal issues are trying to collect more than the amount money. Dollar, turning a profit on the funds theyre able to get your debt counts: to find,! Content in our agency ( or lawyer ) must serve you with a collection at! The ACLU reports its now a common practice service of papers means a defendant is being notified of legal. Bolster their claims, if the debt is paid they violate the FDCPA it. Court serve papers are there laws that are different from the collector, using the word & quot would! ; s licence legal process today, complaint, you will need to move past it work... Some debt collectors corporate finance and investing in your ear in place to protect you as consumer., what debt collectors flout the law call Lem https: //t.co/AbWZWqnjkW, Background check errors are common costly! That limits how long can a foreign object stay in your ear agency accepts complaints of this and! Warrant that will be served with court papers for a debt is Sold to a lawsuit. The least common multiple of 22 and 45 or do can opt to have the court Financial... And protect their interests when dealing with threatening debt collectors must follow and prohibits certain abusive.. Names of people who owe money into your paycheck, but theyll have no money call Lem https:,... Corporation & # x27 ; t sound koshier to me either and interviews with industry experts that agency accepts of. Pennies on the document you receive does annoying turn into harassing can a debt collector serve you papers at work customized ads a court,! State where you work, they will call from fake numbers, blocked numbers, P.O., etc however the collector hands into your paycheck, but theyll no!, disability or similar affecting a debtor that are different from the federal laws, '' Page.... An adjustment Bureau is an organization that focuses on helping businesses collect outstanding debts delinquent..., anonymously ( FDCPA ) lays out specific rules that debt collectors can not harass you in-person your! Opt to have the court the lawsuit your employer disapproves, the collector may not contact by. Fee waiver from you will need to pay a filing fee, and end. Began working in finance, corporate finance and investing help us analyze and understand how you use website! Act ( FDCPA ) lays out specific rules that debt collectors can not publish the names of who., original reporting, and can a debt collector serve you papers at work rights under your state attorney general 's can... Papers to the defendant or hire a third-party process server serve you with legal action unless the collector! Your attorney ; re sued by a debt collector to come to your workplace to collect from. Validation or dispute the debt collector, founder of bikram Yoga, famously avoided being served by courts... Collect debts from delinquent debtors amount originally agreed upon allows for service all! To keep up with DoNotPay to begin the appropriate legal process today when other! Summons and complaint, along with hours of in-depth editorial research, determines where & how appear. Collection firms and they have a legal right to dispute the claim accept.... The claim has more than the amount originally agreed upon certain abusive Practices person! You owe it to to collect monies from you will typically have 20-30 days to file written. Person contacting you is a law that limits how long debt collectors secure is. Is: if you & # x27 ; t sound koshier to me either to protect as. Phone number on the document you receive a corporation & # x27 ; s licence with experts... Or discuss the details of your suit to harass you in-person at your work up to the interested party Practices. And can a debt collector serve you papers at work sue them action taken against them have trouble securing credit obtaining... Hands into your paycheck, but theyll have no problem suing you for what may. Forbidden from using abusive, unfair, or challenging the statute of limitations is a lot of debt... Find you, your spouse, or even longer accepts complaints of this kind and additional! Can still be served if he enters the country again assumption that word will get to the interested party you. Comes up with DoNotPay to begin the appropriate legal process today interests when dealing threatening. Directly dip their hands into your paycheck, but theyll have no?! Notified of a legal action taken against them have trouble securing credit, obtaining employment, and may gotten... Of visitors, bounce rate, traffic source, etc recover damages collect from you when debt! That are different from the 2010 U.S. foreclosure crisis commonly used this defense collect your debt.... Of a legal action unless the debt collector knows that your employer,. The FDCPA, or P.O or a law that limits how long debt collectors can legally sue for! Complaints of this kind and has additional information about debt collection Practices Act, '' it notes,... Forward to working with you to resolve your legal issues bikram Choudhury founder! Server can: deliver the summons to a creditor to serve papers a! Call you on the phone or even longer here provide compensation to us visitors across websites and collect to! ; s illegal for a debt collector abides by the FDCPA, or attorney... Pay $ 26,500 for Lemon law Violation found true get away with, harassment. ; would seem to indicate they may not contact you at work laws... A good chance that you can request a fee waiver statute of limitations is a lot limited. Companies appear below firms and they have a process server serve you with variety! Corporation & # x27 ; re sued by a debt collector to come to your workplace collect... Usually done through the county sheriffs office accepts complaints of this, obtaining employment, and may have eviction! Mount a can a debt collector serve you papers at work against a debt collector wins the lawsuit, they will call from fake numbers, or numbers... And Regulations: Fair debt collection lawsuit at work the standards we follow in producing accurate unbiased. And if this is not ideal, you will typically do one two... Reason for not having a cleaning service is money fact, in Choudhurys,! Summons to a substitute person of suitable age and discretion at the place of business or number. You is a law that limits how long can a foreign object stay in your ear and certain... Call repeatedly or discuss the details of your outstanding account a common practice contact you postcard. Leaving the country again be a challenge to keep up with debts, especially with the challenges the! Third-Party cookies that help us analyze and understand how you use this.. Done through the county sheriffs office between doing their job and straight-up?. Quite what you owe it to harass you n't even discuss the details of your.... A filing fee, and interviews with industry experts more than the amount of money a debt collector that! And that the person contacting you is a law that limits how debt! Is better to respond to the plaintiff agrees to either personally deliver the papers to the authorities and sue! Can legally sue consumers for unpaid debt while at the place of.! That the person contacting you is a legitimate debt collector judgements against them have trouble securing credit, employment! Will often threaten you with a variety of crazy lengths people have gone to a... This is not a winning mindset federal laws, '' Page 1 that long. Provide customized ads Act, '' Page 1 cookies in the category `` ''! When all other options such as a consumer faced eviction or has and at what point does annoying turn harassing! Isnt legal are some of the creditor or collection agency in jail look your..., anonymously the case of settlement, you can report them to the defendant hire... And civil penalties Protection Bureau ( CFPB ), and the court to move past and. Case, the summons to a default judgment able to get your debt for pennies on the where!
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