716-684-8183
Country: USA
716 area code:
New York (Cattaraugus, Chautauqua, Niagara Falls)
Read comments below about 7166848183. Report unwanted calls to help identify who is using this phone number.
- userlab| 5 repliesi got a call from investigator smith about a loan from 9/2006,and was threatened with prosecution,up to $3000 in costs and maybe jail time. im not sure if he's legit,but he wouldnt give me an address so i can start making payments and told me i had to use money gram
- Caller: eastern ethical management
- Call type: Debt collector
- Stewie replies to userlabI have read in various news articles about scams in which a debt may be paid off but notice of it slips through the cracks. Or the entity owed the debt took no action to collect and passes a statute of limitation. Along comes a "collection agency" who assumes these debts or records and tries to get anything they can from it. Even if it has be paid or past the limit for collection enforcement. This may be one of those scams. Request written records and proof of debt owed before sending any money. I am sure if you look up debt collection schemes on Google, you may find similar complaints and how to deal with your situation.
- Charles Thomas replies to userlab| 1 replyJust received a phone call. Caller asked for Charles and I replied that he was not home. Caller identified herself as Lauren, a special investigator with the law offices of NCW. When I asked the caller what NCW stood for, she chuckled and replied "National Credit Works". Lauren stated she could be reached at 866-618-5731 ext. 103, but my caller ID provided 716-684-8183 Lancaster, NY.
- KARENThey can't decide if they are national credit works or eastern "ethical" managment. . .guess it is which company is in the least amount of hot water that week. . .???
- MelRecieved a call for a broc. I don't know a broc nor does one live here. They called back within a min. Asked the same questions. When I proceeded to tell them I just told them I don't know the person they hung up on me. I tried to call the number on my phone to complain and I was cursed out and hung up on. I looked this company up on the BBB and they aren't accredited there. I don't even know why these people keep calling. They sound like mobsters.
- Caller: National Credit Works
- Tim Dienke| 1 replyWas calling regarding collection for an UNPAID Debt - Not a scam caller.
- Caller: Law Firm in New York
- Call type: Debt collector
- L replies to Charles ThomasMy message was exactly the same calling from one number and stating to call back at a different number...
- LAMETEastern Asset Management, LLC
aka/ Ethical Asset Management, LLC
3990 McKinley Pkwy, #4
Blasdell, NY 14219
&
300 International Drive
#143-144 (drop box)
Williamsville, NY 14221
Head Debt Collector:
COMPLAINTS HERE
Phones
716-842-6033 716-626-3432
716-312-0828 716-312-0822
716-312-0823 716-312-0824
716-312-0825 716-312-0826
716-312-0827 716-321-0828
716-312-0830 716-947-0230
888-813-4333
Fax: 716-312-0829 716-626-3001
--------------------------------------------------------------------------------
Bud Says Consumer Comments Below
Eastern Asset Management and Ethical Asset Management are junk debt collectors. They purchase old (mostly worthless) debts for pennies on the dollar, call with threats, intimidation and lies about who they in an attempt to extort monies they may not legally be owed. Here is a transcribed taped call from a collector working for Attorney John Paul Nicolia, of Grand Island NY:
HELLO, THIS IS MR. ST. CLAIRE CHIEF INVESTIGATOR WITH THE PROCESSING AND SUMMONS DIVISION OF ATTORNEY JOHN NICOLA'S OFFICE. CALLING IN REGARDS TO A CASE I RECEIVED THIS AFTERNOON FOR ________ COUNTY DISTRICT COURT. NAMING ________ DEFENDANT, AT THIS POINT IN TIME WE HAVE PREPARED LEGAL DOCUMENTATION TO BE FILED WITH THE ________ COUNTY DISTRICT COURT WITH RECOMMENDATION OF A SUBPOENA IN LAW SUIT TO BE SERVED AT YOUR RESIDENCE OR YOUR PLACE OF EMPLOYMENT. PLEASE CONTACT ME IMMEDIATELY AT 888-813-4333 EXT. 104, PLEASE WHEN CALLING REFERENCE YOUR CASE NUMBER ________ IN ______COUNTY. I'LL BE AVAILABLE THIS EVENING UNTIL 5PM EASTERN STANDARD TIME.
If you think Eastern Asset has violated the law and your consumer rights, you may want to file a complaint with:
New York State Office of Attorney
Grievance Committees
438 Main Street, 8th Floor
Buffalo, New York 14202
Phone: (716)845-3630
Fax: (716)856-2701
CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email the details w/your location. Assistance and referral to a consumer legal specialist may be available. - LAMET replies to Tim DienkeNever assume they are calling about a VALID Debt -
this company only collects worthless junk debt, legally uncollectable (cannot sue) they cannot prove is yours.
DO NOT FALL FOR THIS SCAM COLLECTION!
Eastern Asset Management, LLC
aka/ Ethical Asset Management, LLC
3990 McKinley Pkwy, #4
Blasdell, NY 14219
&
300 International Drive
#143-144 (drop box)
Williamsville, NY 14221
Head Debt Collector:
COMPLAINTS HERE
Phones
716-842-6033 716-626-3432
716-312-0828 716-312-0822
716-312-0823 716-312-0824
716-312-0825 716-312-0826
716-312-0827 716-321-0828
716-312-0830 716-947-0230
888-813-4333
Fax: 716-312-0829 716-626-3001
--------------------------------------------------------------------------------
Bud Says Consumer Comments Below
Eastern Asset Management and Ethical Asset Management are junk debt collectors. They purchase old (mostly worthless) debts for pennies on the dollar, call with threats, intimidation and lies about who they in an attempt to extort monies they may not legally be owed. Here is a transcribed taped call from a collector working for Attorney John Paul Nicolia, of Grand Island NY:
HELLO, THIS IS MR. ST. CLAIRE CHIEF INVESTIGATOR WITH THE PROCESSING AND SUMMONS DIVISION OF ATTORNEY JOHN NICOLA'S OFFICE. CALLING IN REGARDS TO A CASE I RECEIVED THIS AFTERNOON FOR ________ COUNTY DISTRICT COURT. NAMING ________ DEFENDANT, AT THIS POINT IN TIME WE HAVE PREPARED LEGAL DOCUMENTATION TO BE FILED WITH THE ________ COUNTY DISTRICT COURT WITH RECOMMENDATION OF A SUBPOENA IN LAW SUIT TO BE SERVED AT YOUR RESIDENCE OR YOUR PLACE OF EMPLOYMENT. PLEASE CONTACT ME IMMEDIATELY AT 888-813-4333 EXT. 104, PLEASE WHEN CALLING REFERENCE YOUR CASE NUMBER ________ IN ______COUNTY. I'LL BE AVAILABLE THIS EVENING UNTIL 5PM EASTERN STANDARD TIME.
If you think Eastern Asset has violated the law and your consumer rights, you may want to file a complaint with:
New York State Office of Attorney
Grievance Committees
438 Main Street, 8th Floor
Buffalo, New York 14202
Phone: (716)845-3630
Fax: (716)856-2701
CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email the details w/your location. Assistance and referral to a consumer legal specialist may be available. - Lisacalled about an old debt. same as the others Nicola something attorney.sounded like a mobster.866941374x216
- Caller: eam and the law office of john nichola
- lametFile complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY – use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE’S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list.
COLLECTION AGENCIES DO NOT WANT YOU TO KNOW THIS INFORMATION!
FROM www.budhibbs.com A CONSUMER ADVOCATE WEBSITE that specializes in Debt Collections and offers assistance to consumers. THEY ALSO EXPOSE THE WORST FDCPA VIOLATORS IN THE COUNTRY
Dealing with debt collectors
http://www.budhibbs.com/start.html
Statute of limitations by state – always double check directly with your own State Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from debt collectors – always double check with your own State Government website
http://www.budhibbs.com/record.htm
From FEDERAL TRADE COMMISSION WEBSITE – FAIR DEBT COLLECTION PRACTICES ACT
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education. - RoneeReceived a voicemail (at my job no less) returned the call at 866-618-5731 ext 103 (Blaine) asked for my last 4 digits of my ssn and my bday I stated I was not giving personal information advised them to not call my job he kept stating I dont know who I am speaking with without personal information "Blaine" hung up on me when I stated they were being reported as a scam online
- Caller: NCW
- Call type: Debt collector
- Rod Knee replies to userlabGregory George Emminger, President, Owner
Born March, 12, 1964
Lives at: 113 Bathurst Street (with his mother)
Tonawanda, NY 14150
NATIONAL CREDIT WORKS, INC.
threats of arrest, notifying family & neighbors, using telephone for terrorist threats. - Lu Adel replies to userlabI worked there for three days, they do drugs, drink in the p/lot brag about breaking the law. Greg is a doper thinks he's smarter than everyone. A real dumb ass.
- Perturbed| 3 repliesJust got a call from this number telling me that they have attempted to contact me by phone and mail multiple times. Well - I know THAT's not true. I always check on-line for these type numbers now before I call them back. I then label the bad ones in my cell phone as "SCAM - DO NOT ANSWER". I plan that if I am in a playful mood someday - I'll answer the phone and have some fun with creative answers.
- Caller: NCW, Inc
- Call type: Debt collector
- Quiquewell i got this call from a lady and it was about mr.brown who was in trouble and tat he was found guilty about murder and he was gana be arested.
- Quiquewell i got this call from a lady and it was about mr.brown who was in trouble and tat he was found guilty about murder and he was gana be arested.
- Bill Collector replies to Perturbed| 2 repliesI guess its easier to not answer your phone and pretend its a scam than to pay your debts? Keep sticking your head in the sand you just might find your morals in there.
- lamet replies to Bill CollectorYOU BREAK STATE AND FEDERAL FDCAP LAWS - BECAUSE YOU ARE A SCAM!
Eastern Asset Management, LLC
aka/ Ethical Asset Management, LLC
3990 McKinley Pkwy, #4
Blasdell, NY 14219
&
300 International Drive
#143-144 (drop box)
Williamsville, NY 14221
Head Debt Collector:
COMPLAINTS HERE
Phones
716-842-6033 716-626-3432
716-312-0828 716-312-0822
716-312-0823 716-312-0824
716-312-0825 716-312-0826
716-312-0827 716-321-0828
716-312-0830 716-947-0230
888-813-4333
Fax: 716-312-0829 716-626-3001
--------------------------------------------------------------------------------
Bud Says Consumer Comments Below
Eastern Asset Management and Ethical Asset Management are junk debt collectors. They purchase old (mostly worthless) debts for pennies on the dollar, call with threats, intimidation and lies about who they in an attempt to extort monies they may not legally be owed. Here is a transcribed taped call from a collector working for Attorney John Paul Nicolia, of Grand Island NY:
HELLO, THIS IS MR. ST. CLAIRE CHIEF INVESTIGATOR WITH THE PROCESSING AND SUMMONS DIVISION OF ATTORNEY JOHN NICOLA'S OFFICE. CALLING IN REGARDS TO A CASE I RECEIVED THIS AFTERNOON FOR ________ COUNTY DISTRICT COURT. NAMING ________ DEFENDANT, AT THIS POINT IN TIME WE HAVE PREPARED LEGAL DOCUMENTATION TO BE FILED WITH THE ________ COUNTY DISTRICT COURT WITH RECOMMENDATION OF A SUBPOENA IN LAW SUIT TO BE SERVED AT YOUR RESIDENCE OR YOUR PLACE OF EMPLOYMENT. PLEASE CONTACT ME IMMEDIATELY AT 888-813-4333 EXT. 104, PLEASE WHEN CALLING REFERENCE YOUR CASE NUMBER ________ IN ______COUNTY. I'LL BE AVAILABLE THIS EVENING UNTIL 5PM EASTERN STANDARD TIME.
If you think Eastern Asset has violated the law and your consumer rights, you may want to file a complaint with:
New York State Office of Attorney
Grievance Committees
438 Main Street, 8th Floor
Buffalo, New York 14202
Phone: (716)845-3630
Fax: (716)856-2701
CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email the details w/your location. Assistance and referral to a consumer legal specialist may be available.
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY – use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE’S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
Statute of Limitations by State – always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009 - rkmomBeen getting calls from this number on my mobile for several weeks for someone else. Anyway they provide you with 866-618-5731 to call back and you need a reference code. They've been calling several times so I decided to call back. It's about a loan that was taken out on January 9, 2009 (It's November 24th, hello) in the amount of $1,541.22 and that there was now a $200 collection fee on top of that which totals $1,741.22. They said they several attempts to contact by phone and mail. I don't know what this is, but it sure sounds like a scam to me.
- Caller: NCW, Inc.
- Call type: Debt collector
Report a phone call from 716-684-8183: