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Debt Collection Phone calls - Stop the insanity!

Debt Collection Phone calls - Stop the insanity!

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Published by gijoeboc
Stop the collectors in their tracks, legally and for good without bankruptcy!
Stop the collectors in their tracks, legally and for good without bankruptcy!

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Published by: gijoeboc on Jan 20, 2012
Copyright:Attribution Non-commercial


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 ==== ====Debt Collection, stop the insanity !!!http://tinyurl.com/7ueedv7 ==== ====With the credit crunch in full swing, many consumers are receiving calls from debt collectors andwould love to be able to stop debt collectors, and their phone calls and letters. At the same time, ifno one paid their bills, the credit industry would quickly come to a halt! But some collectors are so eager to get paid (often with a commission or bonus) that they will goto just about any length to collect past due consumer debts -- even violate the federal Fair DebtCollection Practices Acts. Consequently, complaints about debt collection agencies are on the riseaccording to government regulators and the Better Business Bureau. In fact, the Federal TradeCommission reports that in 2009 it received more complaints about the this industry than anyother. Here are the top complaints consumers report to the Federal Trade Commission about billcollectors: 1. DEMANDING A LARGER PAYMENT THAN IS PERMITTED BY LAW The federal Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors frommisrepresenting the character, amount, or legal status of a debt. What does that mean? It meansthey cannot inflate a debt with fees or interest unless that is permitted under state law. It alsomeans they can't hound a consumer over a debt he or she doesn't owe at all, or pursue a debt thata consumer got discharged in bankruptcy. Tip: You have the right to ask a debt collector to validate in writing a debt that it is trying to collectfrom you that you - but you must request the validation within thirty days of when the collectorcontacting you for the first time about the debt. Put your request in writing and send it by certifiedmail, return receipt requested, keeping a copy for your files. 2. HARASSING THE ALLEGED DEBTOR OR OTHERS Under the FDCPA, debt collectors may not harass consumers to try to collect a debt. Among otherthings, this means collectors cannot call consumers repeatedly, threaten them, or use profanity orracial slurs when talking to consumers. Yet, the FTC reports that thousands of consumers say thatcollectors harassed them by calling repeatedly or continuously, used obscene; profane orotherwise abusive language; called them before 8:00 a.m., after 9:00 p.m., or at other times thatthe collectors knew or should have known were inconvenient to the consumer; or used orthreatened to use violence if they failed to pay the money they were trying to collect from them. Tip: Keep detailed written records of every conversation you have with a debt collector. Yourrecords will be invaluable if you decide to file a lawsuit against the debt collector.
 3. THREATENING DIRE CONSEQUENCES IF A CONSUMER FAILS TO PAY A DEBT Debt collectors cannot threaten to take action they don't intend to take, or don't have the legalauthority to take. For example, one of my friends was eight months pregnant when a debt collectortold her she would spend the weekend in jail if she didn't pay a past due debt! However, we don'thave debtor's prison in America so the collector could not follow through on that warning. Thatcollector was breaking the law. Typically, a debt collector must sue a consumer, win the case and obtain a judgment against aconsumer before he can garnish the consumer's wages or seize his or her property in order tocollect a past due debt, for example. They cannot warn consumers they will lose their jobs or go to jail if they don't pay. Even warnings about ruining a consumer's credit rating may be illegal if thedebts are too old to be reported to credit reporting agencies. 4. MAKING IMPERMISSIBLE CALLS TO A CONSUMER'S PLACE OF EMPLOYMENT Under the FDCPA, a debt collector may not contact a consumer at work if the collector knows orhas reason to know that the consumer's employer prohibits such contacts. But thousands ofconsumers have complained about receiving calls at work from debt collectors. Tip: If you tell a debt collector not to contact you at work, he must stop doing so immediately.Follow up in writing, and if the debt collector continues to call you when you are the job, get intouch with a consumer law attorney. 5. REVEALING ALLEGED DEBT TO THIRD PARTIES A consumer told us that a debt collector left a message about her debt on her brother's answeringmachine - and even included her Social Security number in the message! Under the FDCPA, debtcollectors can contact other people about your debt only to locate you. If they already know how tofind you, then calling other people is illegal. Even when they do contact your friends, relatives,neighbors or coworkers to find you, they cannot discuss your debt. In fact, the only people theycan discuss your debt with are co-signers, your spouse or your attorney. The FTC points out that a collector who discusses a debt with someone else is usually trying topressure a consumer into paying the debt by embarrassing or intimidate her. Unfortunately thisparticular debt collection tactic may jeopardize a consumer's personal and work relationships, andeven put the consumer's job at risk. Tip: If a debt collector reveals your debt to someone else, contact a consumer law attorney rightaway. 5. FAILING TO VERIFY DISPUTED DEBTS When you are first contacted by a debt collector, you have thirty days to request written verificationof the debt. If you dispute the debt in writing, the collector must stop trying to collect the debt untilhe provides the written verification. (If the debt has been reported to the credit reporting agencies,the collector must report that it is being disputed.)

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