Collection Agency And Collection Attorney Scams

Now that the collection agencies and attorneys can’t use arbitration, they seem to have come up with a new scam, which violates the Fair Debt Collection Practices Act.

Here is how it works. A process server shows up at your door and serves a summons for a lawsuit. It looks very official. I says that a lawsuit has been started against you. You have X number of days to respond to the suit, giving you two options.

Here is where the scam comes in. Near the top of the first page in the legal document, it lists the company filing the suit and the person being sued. Just to the right of that little block of text, there is a place for a number. The number is called a cause number, or case number. The scam on this is that there is NO number on the document. Without a number there is no case filed against you. You can verify this with the court itself.

The idea here is to scare you into paying. Scaring you into paying is expressly forbidden by the FDCPA. You can sue the collector for at least $1,000 in statutory damages in any court, and they will have to pay you.

NOTE: You can use small claims court if the entity you are suing has an office in your state. Otherwise, you have to file in a higher court.

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www.stopch.net There is a way to stop Collection Agencies DEAD in their tracks! Just as they have rights to collect money that is owed them, YOU as a consumer have rights too, but unfortunately most people are unaware of them, which just makes it easier for the agencies to keep calling. This is NOT a black hat tactic to avoid paying legitimate bills that you owe. This is a technique that will get you your privacy back and give you some peace of mind while you get your financial bearings again. And this is not something we made up, This Is A FEDERAL LAW. You have the right to contact the agencies that are bothering you and FORCE them to stop contacting you by the means of a special letter and correct verbiage that will end the harassment once and for all. But like most things in life, if you don’t know the right procedure it becomes frustrating and ineffectual. Here’s how it will Solve your problem.. If you are Suffering because of the economy or have been laid off and are besieged by debt collectors calls and letters then this will STOP them Dead in their Tracks. You have rights as a consumer, but unfortunately 99% of consumers are unaware of them. This lack of information STOPS today! This will give you breathing room to get your finances back on track without the constant barrage of collection agency calls and harassing letters. You can stop flinching every time the phone rings or the mailman rings the doorbell. You deserve a second chance, and the only way you can get …

The Federal Fair Debt Collection Practices Act protects consumers against the bullying tactics that were once stock-in-trade practices of collection agencies. If you feel you are being unduly pressured. Or are you actually being harassed by a bill collector, the FDCPA offers a simple way to put a stop to it. All you have to do is send the bill collection agency a letter saying that that you will not or cannot pay the debt and you want the agency to leave you alone. Send the letter by certified mail, return receipt requested, so you can be sure the agency receives it. Once you have done this, by law the collection agency may not contact you again, except to say that collection efforts have ended or that some legal action is being taken against you. If a collection agency continues to badger you after you have sent the letter, be sure to keep notes about the offending contacts. Then you should notify your state attorney general’s office you may have a legal case against the collection agency.

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The short answer – yes, in most cases, but collection agencies are usually regulated differently from original creditors. In the previous video we spoke about the major decisions made by US Supreme Court and Congress in 1978 and 1980, allowing national lenders to offer their services in all states practically without limit on the interest they can charge. These laws are not applicable to collection agencies. The laws which ARE applicable are FDCPA (The Fair Debt Collection Practices Act), and local states’ usury laws and ucc laws (UCC = Uniform Commercial Code). The FDCPA, Section 808(1) prohibits adding interests or fees unless the amount is expressly authorized by either the state law or by the original contract with the lender. Usually the original contract has these provisions. Page www.101creditrepair.com has links to the applicable laws (federal and by state). If you read the laws, you will see that the allowed rate depends on the State, on the type and the amount of debt, whether there was a judgment, and other parameters. If the rate is too high, the court may find it illegal, and in some states (for example, New York) can even void the original debt. Another question – whether the collector will actually charge the interest and fees. If the collector represents original creditor – they will probably charge the maximum – to balloon the amount so that they can charge it off and receive maximum insurance / tax benefit. If the collector is not representing the …

www.fairdebthelpers.com – In many cases where illegal tactics have been used against you an experienced lawyer may be able to sue the collection agency for violation of the Fair Debt Collection Practices Act.

How to take screen shots on your iphone. If you get a call from a known debt collector or even a strange number you don’t recognize, get in the habit of documenting these calls. save all of the recordings and photos for future litigation.

Consumer laywer John Watts discusses in this video who is, and who is not, a “third party” under the Fair Debt Collection Practices Act. Abusive debt collectors often violate the law when they contact third parties such as neighbors, co-workers, family members, etc. We’ll have other videos that explain more about illegal third party contacts. You can look at my lawfirm’s website www.alabamaconsumer.com to get more information.