The Correct Way to Handle Collection Calls and Illegal Tactics

Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!  The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS

1) Never assume they have a VALID DEBT OR LEGAL RIGHT TO COLLECT
 
2) Debt collectors MUST FOLLOW your STATE laws regarding licensing.  Check your Secretary of State for licensing requirements for ANY collection agency that contacts you

READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE

You can also post your questions here http://www.collectorsexposed.com/forum/   NEW URL!    

These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx

Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm    
    
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.

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

Time-Barred Debts
http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm

There’s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors — or if you dispute the legitimacy of a debt — a debt collector may contact you.

“Time-barred” debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General’s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.

Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a “debt collector” generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.

The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.
Collecting Time-Barred Debts

Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.

Whether a time-barred debt — or any debt for that matter — can appear on your credit report depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions. In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc.gov/bcp/conline/pubs/credit/fcra.htm.
Contact with Collectors

Can a debt collector continue to contact you about a time-barred debt you don’t think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you’ve been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you’ve gotten proof of the debt.

You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again — except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn’t absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.
Future Collection Efforts

The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney’s fees. You also may want to report any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.

The FTC works 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 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. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. 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.

EASY WAY OUT!

everytime a collector calls and you can't pay and they are already aware of your situation or if you know that this is not your bill,        do this!

program that number or write the number from that call on piece of paper next to your home phone or program in your cell number as Collection  and Don't answer.

Believe me, they will go away!   just don't answer!  and if you by mistake answer, just say that you can take a msg!   and they will tell you that they will call again, than FLAG that number too.. they don't want to leave a msg if it's not you.. so big deal...


it's easy!   FLAG the numbers that they call you from and DON'T ANSWER!

Most of them are very rude people, working on commissions.. They have no respect and no mercy for people that are trying to survive and struggling to make a dime just to put food  on the table or taking care of the family..  They don't see that we are all in the same boat with this bad Economy!    
most of them are a bunch of morans--------- they should know that people know about Bankruptcy by now..........   or debt settlements.

ignoring it will not make it go away - and could land you in court if you are not careful.


the information below is intended to PROTECT you by making sure the debt collector
1. can prove it is a valid debt (most cannot prove it, but will attempt to SUE anyway)
2, can prove they have the legal right to collect it (licensed in your state and can prove clear chain of title)
3. has not added illegal fees to the balance
4. is NOT BREAKING LAWS

lamet,

You aren't going to like what I am about to say, but I hope you will read it anyway.  It is intended merely to encourage you to re-think your posting style a bit, so that others may benefit from your energy instead of cringing from it.

Here goes:

Are you the original author of this Proustian tome ?  Just curious as to source(s), as you seem to have cross posted it on the entire Internet without citing any sources to speak of.  Maybe you should set up a web site of your own where you can compile and publish your thoughts, experience, and research on these topics.

On the other hand, if you are largely regurgitating the work of others verbatim from other sites, don't you think it would be nice if you [1] gave credit where credit is due ( <http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm> comes to mind for some strange reason )  [2] Post links to the material instead of engaging in voluminous cut and paste operations [3] Limit yourself to posting this magnum opus of yours, plagiarized or not, in one or two strategic locations, instead of plastering it, circus poster fashion, on anything that doesn't move. (Possibly even approaching Julia about cleaning it up into one of the articles for the site.)

In the same vein, while we all have our moments when our brain and our hands seem to lose touch of each other while typing, myself included, you might want to clarify random blathering such as, "READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE".  Try as I might, I could not find anything to illuminate what you were trying to direct us to do, and I even tried searching Amazon to see if they had a book by that title.  Punctuation helps.  Proper citations and normalized capitalization are also nice features to consider.

Don't misunderstand.  I assume you are trying to help others.  But there is a right way and a wrong way to do these things.  Blindly cutting and pasting other people's material without giving them credit is not the right way.  Compiling other people's work into one huge anthology does not make it your work.  And the use of links referring people to an article instead of reproducing the article is a good thing, both to give credit to the creator of the material, and because in going to the site, your readers will learn other things of value to them, that you have not included in your compendium.

There is something else which concerns me about some of your postings.  You have a tendency to make dogmatic assertions at times when you have failed to grasp the nuances of a situation, or in which you are simply in frank conflict with the realities.  Someone is likely to be harmed by acting on one of your assertions.  You might want to temper your remarks a bit, and suggest resources where people can learn and come to their own conclusions.  Their is nothing wrong with giving answers which are simply your best shot at being helpful, as long as you make it clear that you are simply offering your "best guess", and not incontrovertible fact.

My goal here is not to beat you up, it is too ask you to direct your energies in a more constructive fashion.  Try being responsive to the question asked, instead of blurting out whatever comes to mind.  Use less cut and paste, more links, and more original authorship of your own.  Cite the source when you are not the author.  Be temperate and cautious in giving advice, recognizing that you may be responding to someone who is feeling quite desperate, and who may blindly latch on to any advice, even bad advice, out of that desperation.  You seem to have a passion and desire to help in this area.  Make the effort to be sure that you are actually helping, and not just engaging in self gratification, at the potential expense of others.

respectfully,

lone stranger

I want to make one correction to what I have said.  I am in error on one important point.  I do see now that you have made mention of the FTC's authorship, in your post.  

To be frank, I did not see that reference because it was not structured as such, and did not stand out to my eyes amongst the disheveled and semi-coherent, ranting, preamble.  

Still, it was there, and I acknowledge same..  

For that, I apologize, and I applaud your so mentioning it, even obliquely.  I would still urge you to adopt a more coherent structure, and to use links whenever possible.  It is simply clearer, easier to read, more concise, and in general, serves both reader and author better than repeated "cut and paste" use of the material.

respectfully,

lone stranger

I'm sorry - but perhaps you may want to re- read my posts -I do give credit and include links to where I found the information


In every case I have included the LINKS to the information I have posted here.    Where I posted the FDPCA information it clearly state it comes from the federal trade commission website.  The information on Time-Barred debts is the link to it on the federal trade commission website.

When I find an article on the internet that pertains to a certain issue - I include the link to the article on  that website so people can read it themselves.  

As for the reading the dealing with debt collectors, recording calls and statute of limitations is referencing the LINKS listed further down that I have included for the readers to GO TO THE SOURCE which is a highly reliable debt collection forum.

I do understand your concerns - as there is a lot of mis-information on these boards which is why I have always included the SOURCE via links in my posts.


SO yes I give full credit to where I got my information.

Thanks for all your posts.

Lamet,

Fairly met.

As you may have already noted, I had corrected myself on the citation aspect prior to your response.  To be honest, your FTC reference just got lost in the "visual noise".

I would still urge you to work on readability, and to use links instead of cut and paste, not in addition to it.  

What you are doing now is just hard to wade through and I believe it blunts the effectiveness of your posts.  A little more formatting and structure would really help.

YMMV :^).

BTW - Your response to angie24 was dramatically easier to follow.  More like that, please.




<b>test, please ignore</b> (just wanted to see if we can do <b>this</b> and <i>this</I> for emphasis in the future.

by the way - Julia created this specific forum thread and asked me to use the link to it here rather put all the information in the individual phone#'s - and I am honoring that request.

There was a temporary editors admin note in it yesterday that reflected this request.


p.s. - I have a few people on other forums claim that the links to .gov  websites would put cookies on their computer and they were not going to use it.   I replied that they were government websites and if they were uncomfortable using the link provided they could always Google FTC or Federal Trade Commission website and get to the same information that way

Hey, Lone Ranger!....While you were busy talking down to Lamet, you misspelled `there` with `their`....Have a nice day!

Hey guys, I created this post for Lamet and asked him to link to it instead of posting the ENTIRE message in the individual phone number threads. I think we all agree it ruins the readability quite a bit.

if i go to court and can not pay...what will happen to me?

no one on this board can answer that question for you - you need to at the very least consult with an attorney. One that is knowledgeable about debt collection laws. (not all have this qualification)

These links are to reliable consumer advocate boards that deal with debt collections - - they will also tell you to consult with an attorney with this question.

Why it is SO IMPORTANT to at least CONSULT with an attorney
http://www.collectorsexposed.com/forum/index.php?/topic/3391-why-we-say-get-a-lawyer/

use these links to locate an attorney that you can at least consult with.
www.naca.net
or
http://www.consumerjustice.com/consumer/searchattorneys.aspx

Somebody is jealous of Lamet, keep up the good work Lamet.

in all fairness to lone star - I can see why he did not see ALL the links I include - not all of them show as up as links.  (blue and underlined)

I most definitely want people TO KNOW where the information came from and that EVERYTHING can be found on the internet with a simple search.