Monday, February 28, 2011

Not being harassed by a debt collection agency

Debt collection is big business today. Financial institutions and other companies have already committed most of their collecting activities of the house. Today it is more common to outsource or even sell the debts to collection agencies and consumers. Unfortunately, more than some of these companies employ tactics that amounted to harassment. You, as a consumer should be aware of their rights when faced with the prospect of dealing with debt> Collection Agency.

Use the following tips to ensure you are not satisfied with the unacceptable practices of debt collection.

Under the Fair Debt Collection Practices Act (often referred to as the "FDCPA"), you have certain rights to sue collectors who unlawfully threaten, or harass you.

When faced with a debt collector is not required to:

To support or otherwise acknowledge that the debt is owed.
Disclose private information about their assets or income.
Discuss anything with a collector unless you want.

Debt collectors can not threaten to send to jail, gets hurt or contact your employer, neighbors or relatives of the debt. They can not add the collection costs or late "fees." They can not make and sell your home if you do not have a mortgage or a court order.

Before paying anything, really do not support the debt!
Check yourrecords and obtain legal advice if you think you are responsible for paying the debt. All other communications from the collection agency must stop until the debt is validated.

If the debt is of a car or personal loan, mortgage or credit card, you are entitled to see copies of the loan. If the creditor refuses to provide copies promptly inform the consumer protection agency in your state.

There are many good defensesWhy do not you have to pay all or part of the debt:
mistaken identity
the amount due is calculated incorrectly
have not received the goods for which payment is claimed
already paid debt
If the debt is very old, you may have a defense under the statute of limitations.

If you know you should do the remaining amount, negotiate to pay a reduced amount to settle the debt or make a payment plan. If a payment agreementis done, confirm in writing and keep a copy of the letter.

Finally, it is best to consult a lawyer if you think you have a legitimate reason for not paying.

Sunday, February 27, 2011

Law Firms Debt Collection - Do not Panic If You Hear From a

If you received a phone call or a letter from a law firm in credit recovery, do not worry. Many people have fallen into disfavor and their phones are down "with the telephone bill collector calls. It s one thing to talk with normal collection agencies, but what to do when your contact with a law firm for debt collection? The first thing to do is stay calm. Receive a letter from a law firm for collection of debt necessarily mean that you are being sued.

About 5% of the loans were sent to attorneys who collect debts. These types of debt collectors must meet the requirements of the Federal Fair Debt Collection Practices (FDCPA), like any other debt. His first contact with a firm of debt recovery will probably be like procedures normal collection. begins withLibrary> letters and phone calls. This usually occurs before any litigation is initiated.

There are things you should do when you are the first contact of a debt. For example, read a letter from debt collection and ensure that the debt is being asked to pay valid. In other words, make sure you actually owe the amount of the letter says I owe. But whatever you do, do not ignore the letter. This is perhaps one of the worstthings you can do with the debt. You have a much better chance of solving the problem if you try to work with a debt rather than ignore it.

When you contact a law firm debt collection, ask you to verify the debt in writing. Under the FDCPA, the company is obliged to do so. Make notes of every conversation with a collector as soon as possible.

If you have debts and can not afford, to publicize the company. Can bewilling to work on some sort of payment plan and, in some cases may be able to pay the debt in less than they owe on it.

If I do not think you owe the debt, the dispute in writing. Send your dispute to the firm of certified mail and keep a copy for your records.

If you are sued, be sure to talk to a lawyer right of consumers who specializes in debt collection. The first consultation is usually free, and the lawyer can helpdecide how to respond. Do not ignore a notice to appear in court! If not present, the collector or the creditor is a sentence in absentia against you, and can give more powers to collect from you - maybe garnish your wages or seizure of money in your bank account, for example. (State laws determine what can be done to gather -. Another good reason to talk to a lawyer)

It is important to ensure that the company does not break the law whencontacts. The FDPCA protects consumers against harassment by debt, so if you feel you are being bullied to talk to a lawyer. There have been many cases in which collectors, including law firms that collect debts, were convicted of illegal collection practices and harassment. In such cases, the consumer in the process was the final winner.

Saturday, February 26, 2011

Collection Agency Law Explained

If you have ever been contacted by a collection agency debt, you know you can be an unpleasant experience. A collection agency can turn simple acts such as checking email or answering the phone, on the dreaded task. However, it is important to know that there is a law designed to protect people who contact the collection agencies. The FDCPA (Fair Debt Collection Practices Act) was enacted to maintain debtcollectors abuse, harass, or deceive a person when you try to collect a debt. It also provides strict guidelines to follow with debt collectors collecting debts. In this article, we will have this collection agency law explained in simple terms to better inform borrowers of their rights.

To begin with, this Law is very clear about the practices of debt collectors must follow when in contact with the debtor. Collectorallowed only during reasonable hours (usually 8:00 to 9:00 p.m.), but also can call a debtor at work. However, if the debtor notifies the collector that your employer wants to terminate the call, the debt collector must stop calling the person at work.

There are also rules of conduct for the collection agency must follow when collecting a debt. A debt collector may not harass peoplewhom they are trying to collect a debt. Examples of harassment include excessively calling, insulting the debtor, or using obscene language. A debt collector is also not allowed to make false statements when collecting a debt. Examples of false statements include posing as a government official, making threats (lawsuits, imprisonment, seizing of home and property, etc.), or telling the debtor they owe more than they actually do. In addition, a debt collector can not use unfair practices in attempting to collect a debt. These practices include collecting an amount larger than what the debtor actually owes, or suing the debtor for a debt they do not owe.

The FDCPA requires collection agencies to notify debtors of their rights, and any correspondence (mail or phone) has to contain the information that the contact is being used to collect a debt. The only reason a collection agency can contact a third party (family or friend) is to acquire the debtor's phone number or address. If the collection agency has this information, they are forbidden to contact a third party. It is also illegal for collection agencies to tell a third party that they are attempting to collect a debt.

The FDCPA is in place to protect the rights of debtor's while making a collection agent's job clear and concise. If a person being contacted by a debt collector feels that they are experiencing the violations discussed in this article, it is important that these misconducts are accurately documented. The reason for this is so that the claims can be proven if the debtor decides to take legal action.

Now that you have had this collection agency law explained, you should feel more confident about your rights if you are ever contacted by a debt collector. It is best to avoid the situation altogether by staying current on your debts, but it is good to know that the FDCPA exists if ever find yourself on the receiving end of a collection call.

Friday, February 25, 2011

Credit card debt statute of limitation - What You Should Know

Each state has a statute of limitations on credit card debt. The limitation refers to the period after which, creditors can not sue to collect the debt. The time is calculated from the date of last payment or date of last activity (ie the last time you used the card .)

See the old law limits debt graph, which specifies the time in oral contracts, promissory notes, written contracts, and open-ended accounts. Note thatthe transient nature of the state legislature is required to check the status of the limitation period with the state attorney's office. For more information, visit http://www.naag.org.

In the past 10 years, a growing trend has emerged, where aggressive debt collectors buy old debt accounts and actively pursue consumers to collect the debt, even if the prescription is gone. They buy these accounts for pennies, and expect you to pay. Evenif you pay $ 1 to the account - make a good profit.

This is a violation of the Fair Debt Collection Practices Act Some creditors, even lie and say that the limitation runs from the day he bought the account. These businesses are so audacious that some of them in exchange for not suing and, indeed, go to the court case - not to harass others in day and night, use bad language or promiseto erase the negative signs of credit repot, if you send a minimum payment.

If you are in this situation, here are some tips on what to do:

Do not send a payment - if the recipe has passed in your state. In this way, make your eyes the recent crime. It will also give collectors the idea that you are an easy target and you can attack on other fronts.
Keep an eye on your credit report to ensure that they are not reporting negative information about you. Your old account should be reflected in the debt in your credit report due to the limitation is gone. If you find that information is being reported, to take immediate corrective action and correct the errors.
If possible, ignore all contact with the collection agency. Do not accept their calls. If you send communications by mail, you want to keep these as proof of harassment.
Fair> Debt Collection Practices Act indicates that there are some things that creditors can not do in their attempt to collect the debt. Http / / www.poorcreditgenie.com / answers.html Go to a list of plain talk. For a complete list, go to [http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm].
Check the statute of limitations of the information with the State Attorney's office and seek further advice on how to navigate the situation.

Student Loan Debt: What You Need to Know

If you are a college graduate, you can only feel cheated. Did you study hard, who received the diploma, and now faces an unsustainable labor market. To obtain an education, it is likely that a considerable debt accumulated in the form of student loans. Chances are, if your loans come from the U.S. Department of Education, it is time to start making payments.

But what happens when you simply do not have the money and can not make loan payments? If you do anotherThus, the loan eventually defaulted. When this occurs, a debt collector may be called. This is because the Department of Education contracts for debt collection agencies debt collection of 18. Unfortunately, the consequences of not paying a student loan and pay the consequences of other types of consumer debt - your bank account or credit card bill, doctors - are very different. Here are fiveExamples:

Bankruptcy - Most consumer debt is discharged in a bankruptcy proceeding to Chapter 7. In essence, bankruptcy clean slate - with few exceptions. Student loans are one such exception. In other words, even if you declare bankruptcy, you still owe your student loan debt.

Taking advantage of government money - to the regular consumer debt, a debt collector can not go after things like social security income or tax refunds. Withstudent loans, however, your tax refund and government benefits are fair game. If you're failing, you can bet you never received the refund check.

Wage fixing - run of the mill debt, it is difficult for a collector to garnish your wages. To this end, a collection agency must have debt to court and obtain a ruling against him. Then they have to enforce the ruling. With student loans defaultedHowever, the Ministry of Education to force your employer to withhold up to 15 percent of what determines that "disposable wages.

The costs of the collection - the consumer debt, you can not afford the cost of collecting y. Student with nonperforming loans, however cost of collection (approximately 25%), ie the insert in your excellent , the balance of interests, taxes. To make matters worse, made before any payment will pay the taxmanpayment.

Statute of Limitations - Each state has a law defining the statute of limitations, after which it is no longer a debt can be executed. In other words, once the prescription is high, a debt collector can not take to court and obtain a ruling against him. The same does not apply to student loans not repaid. Under federal law, there is no requirement for student loans - and the federal law prevails over state law.

Although there are severalsignificant differences between student loans and regular consumer debt, one thing remains the same. Debt collectors must comply with the Federal Fair Debt Collection Practices If they violate the FDCPA (that is harassing, threatening or intimidating to you, example) you can take to court. If the court finds to have violated the law, you could receive up to $ 1,000 in damages, plus attorney fees and courtcosts.

While loans may be daunting, you are entitled under the law. It is important to understand and exercise those rights, and consult with a lawyer if a debt collector violates the FDCPA fair.

Thursday, February 24, 2011

Collection agencies and debt collectors must comply with the fair debt collection practices law

collection agencies and debt collectors can be held liable for the Federal Trade Commission (FTC) for violating the Fair Debt Collection Practices Act (FDCPA). collection company may be ordered to pay heavy fines for violations. Violations misleading as debt collectors, threatening, harassing and consumers. What are all violations of the Fair Debt Collection> Practices Act (FDCPA).

Some debt collectors, to make matters worse, threaten or falsely suggest that consumers have their wages garnished, assets seized or initiate lawsuits or criminal proceedings against him for nonpayment. Some collectors call people in your workplace or home, and disseminate information to employers, colleagues, family and neighbors.

The FTC receives hundreds of complaints against collection agencies.However, it is for us as consumers to the Federal Trade Commission aware of these violations. Well, let this be fair warning: The tax collectors can not get away with violations of the FDCPA and the use of abusive tactics. People are struggling and are learning to defend themselves.

Consumers owe me more informed about their rights under the law. Some collectors even choose to cross the line and in some cases, walk right on the line and move on.All in an attempt to recover outstanding debts.

Debt collectors can be intimidating and make people careless too much stress. If you are a victim of the debt collector tactics, there are steps you can take to defend and protect themselves.

It would be very useful to file your complaint online using the FTC consumer complaint form, http://www.ftc.gov/ftc/complaint.shtm (copy and paste into your browser).

The FTC does not resolve individual consumer problems, butinvestigation of the complaint will help with anything illegal. You can also inform the collector that you are aware of their rights and that if they insist on violating the FDCPA prepared you to send your complaint to the FTC.

Name of paper debt collector, collection agency name and address, telephone number, date and time of all communication. This will certainly be helpful when you contact your state attorney general to filecomplaint.

Note that a tape recorder to hand the next time a debt collector decides to go down the street and violate the law. Remember that a complaint does not necessarily eliminate your debt, but being aware of these methods can be in a position of power when negotiating terms of payment or settlement.

Imagine the amount of influence that when the debt collector is the supervisor listens to the taped conversation ofemployee who violates the Fair Debt Collection Practices Act very powerful things.

God bless you.

Wednesday, February 23, 2011

Credit enhancement and restoration of credit laws

When the credit restoration laws observation is important to decipher whether the law is due to a credit report or the legality of a debt. 'S a myth that all consumer debt is owed for seven years. Almost all debt is governed by the laws of the state, not federal law. Check your state laws governing the legal aspects of debt before any improvement in the credit.

Here are some laws that should pay special attentionto:

Fair Credit Reporting Act (FCRA) - The Fair Credit Reporting Act was enacted
30 years ago and has had numerous revisions over that time period. FCRA consumers the benefits of the introduction of restrictions at the time of the creditors and lenders to deal with conflict by a consumer. If the creditor or credit agency does not respond in time then the credit bureaus must change your credit information in accordance withwith consumer disputes. This is the basic principle that companies use credit repair easy to fix your credit - "It is very effective in the world today" The FCRA also grants creditors and lenders under certain conditions, request additional time when research in a consumer dispute. In addition, the FCRA also gives credit agencies can see the difference and not permanently remove if certain methods of procedure have been carried out by the opposing party to demandvoice. The FCRA also includes fraud alerts, the statutes of the items in dispute for consumer reports, as well as civil liability for damages to both parties.

Fair and Accurate Credit Transactions Act (FACT Act) became law several years ago. The law allows consumers to receive a free credit report every year. They do not contain credit scores and maybe a bit "more difficult to decipher. The law regulates the rules of" prevention ofreinsertion, blocking information due to identity theft, prescription, and wholesale credit requirements, etc. ..

Uniform Commercial Code Laws (UCC Laws) - These are the laws governing
transactions that are paid by personal check or business. UCC laws also govern the differences and definitions to replace the contracts and legal agreements. There have been many adaptations and modifications of the federal law that covers the additions and the provisions of the law whensatisfy a debt.

Fair Debt Collection Practices Act (FDCPA) - a law that contains rules of procedure for third-party collectors, consumers and the penalties can be imposed on either party. The FDCPA governs how many times a collector can call a consumer, a consumers place of employment, family, friends and neighbors. The FDCPA also covers rules for assignment of a debt. The FDCPA also notes the time lawcan ignore federal law when it comes to conflicts of credit or collection. The FDCPA covers the rules, if a debtor is represented by an attorney that a collection company can not use abusive language, make false threats, and much more .

Equal Credit Protection Act (ECPA) - Contains rules when a creditor or collector can report its commercial line of credit bureaus. It also covers if the creditor is obligated or not obligated to report borrowers, cosigners,and authorized users on an individual account to credit bureaus. The ECPA also protects against discrimination by age, race, gender and religion.

Tuesday, February 22, 2011

Consequences payday loan default

Non-payment of payday loans "I can be stopped?

Many people wonder if they can be arrested for not paying an advance payday loan. Although this is not a good situation in which to find himself, the good news is: no, can not be stopped in case of loan default payday. As a matter of fact, under the Fair Debt Collection Practices Act (FDCPA), it is illegal for any bank to threaten a borrower withpossibility of being arrested for nonpayment of debt. No matter how many received threats not to repay a loan, it can not happen since no law that allows them to be arrested for not paying payday loan to pay debt. As a result, you have no reason to worry about being arrested when you are in default on a payday loan or cash advance.

So why bother?

Even if you can not be arrested for not paying a cash advance loan, noare other issues to worry about. These concerns can not be compared to all face a prison sentence, but nevertheless, there are situations where someone wants to be found. For starters, non-payment of debt will result in the dramatic penalty and fees. The more you delay the repayment of the loan plus fees and interest will accrue. Over time, this certainly does not make loan repayment much more difficult.

In addition to taxes, penalties, andthe accumulation of interest, delaying the repayment of a loan in advance constantly have a negative impact on your credit score. Longer be allowed to accumulate cash debt, increasing your credit score will plummet. Your credit rating will become even more evident the higher of the loans. Therefore, anyone taking a payday loan great and keep your can expect their ratings to be horrible in a few months.

To avoid any of thesesituations, it is important to think very carefully about whether or not to take a payday loan is right for you, and if so, if you are able to pay the debt in the next pay period.

Monday, February 21, 2011

Deep in Debt - Why Collection Agencies Use Scare Tactics

To understand why collection agencies use scare tactics to get groped to pay the bills, you need to understand how they work. single agency for the purpose of the collection in the present is to pursue outstanding debts of companies or individuals. Manage your account from "buy" the debt by the original creditor for an amount less than what I have. Usually the creditors sell the debt collection agency if the balance is 90 days or moredue. This means that the collection agency your lender will pay a fraction of what we owe them, then try to recover the full amount from you. The amount you pay the agency for the collection of the amount paid for the debt is the benefit to them. That is why they are so unforgiving. Basically, he paid the account, amounting cheap and now want their money and more about you.

Some collection agencies will try to scarepay the debt. It's good to know what tactics can be used to not feel threatened in vain.

Some tactics of fear are:

- Pretend one of your creditors are trying to verify personal information for bait is on the phone or confirmation of the person you are talking about you.

-. "Esq" Sending letters with the letterhead resembles that of an attorney's office, even if the words "lawyer" or notthat.

- Calling constantly in your home or cell phone from an "unknown number" several times a day, but only by leaving a message.

- Leave threatening messages trying to take it to court with no basis for litigation.

- Taking advantage of his emotions when talking to you.

They're trying to bore to the point that they are willing to pay the full amount. You can make collect calls to stop. The first thing we do is exercise their right tocan not be contacted by telephone. The Fair Debt Collection Practices Act protects you from harassment calls. If you feel you are being harassed, the next time you call to ask the caller contact information, your account number and balance due. Enter the name of the caller, the name of the collection agency, your physical address, and telephone number, account number and balance due. Do not write adiscussion with the caller. Instead, they insist that you give this information without discussing the payment at all. When you enter all the information, thank you and hang up. You are about to send a letter. In that letter, your name and account number, and you do not wish to be contacted by telephone. Include an address where you can reach via e-mail instead. Make sure the letter is written and signed and dated. Mail to Library Agency by certified mail, return receipt requested. (The local post office can help with this.) Upon receipt of your letter, are not allowed to call more. If they do, is a violation of their rights, and you can sue for harassment.

Unfortunately, when the collection calls stop, the debt disappears. At this point, you should talk to a professional, and start with debt counseling. Did you know that depending on the type ofdebt> is a professional debt negotiator could get your debt settled for 40-60% of the original amount you need - and will not be responsible for everything else? Take control and do not let the scare tactics the collection agency concern. Speak with a debt negotiation or professional credit repair bad credit and terms of repair. A negotiated rate is better than no payment at all. Collectors know. They are willing tonegotiate.

© 2008

- Ken S.

Sunday, February 20, 2011

Fair Debt Collection Practices Act - How to Dispute a Debt

The Federal Fair Debt Collection Practices Act establishes procedures to follow when a debt collector claims to pay a debt to him since. Basically, the Fair Debt Collection Act gives you the right to challenge a debt.

We do two basic things when a debt is disputed. First, if you dispute the debt within 30 days after debtcollector contacts, you must stop all collection activities until it verifies that you are responsible for the debt. Second, forcing the debt collector to forward your dispute to any credit reporting agency to which they are presented. This is important because many credit scoring models ignore or disregard disputed debts.

In response to debt collectors within the first 30 days

The ideal time to dispute a debt within the first 30 daysafter receiving the first letter of the collector. The Fair Debt Collection Act refers to the day time frame-30 as the monitoring period. During this period, you need a valid challenge to dispute the debt. Y 'allowed to simply ask the collector to another actually owe the debt.

The application request validation is important because it puts the burden of proof on the collector. In otherwords, the debt collector much produce verification to proof that you own the debt. If he can't produce the verification, he can't take any more action to collect from you. Of course, if you have a bona fide challenge to the debt, make sure to assert it in your validation letter.

Simply requesting verification doesn't require the debt collector to describe the debt as disputed to a credit reporting agency. To raise the requirement that the debt collector describe the debt as disputed, you must submit a specific genuine challenge to the alleged debt.

Dealing with Debt Collectors after the First 30 Days

If you miss the first 30 day period, it's still a good idea to dispute the debt. A valid dispute outside the 30 day time period still forces the debt collector to describe your debt as disputed. Don't produce a flippant dispute because you may undermine any upcoming lawsuit you may file.

If you live in Texas, you have more rights that aren't found under the federal Fair Debt Collection Practices Act. In Texas, you may dispute a debt at any time by giving the debt collector a letter stating your dispute. Upon receipt of the notice of dispute, the debt collector must cease all collection activities until he looks into your dispute to determine the true sum of money owed on the debt, if any.

No later than 30 days after the debt collector gets your dispute, he must reply in writing either denying your dispute, admitting the dispute, or requesting an extension of the time for his investigation. If he acknowledges your dispute, he must correct his records and send a notice of the inaccuracy along with a copy of the corrected information to each agency to whom he generated a report of the inaccurate record. If he requests additional time, he must correct his records to conform to your request and give notice of the correction to each agency to whom he reported the disputed information. The debt collector may resume collection efforts only after his investigation is complete and he has found the information to be correct.

Challenging Debts with Creditors

The federal Fair Debt Collection Act doesn't apply to creditors. You don't have the same rights when you dispute debts with your original creditors. You do, nevertheless, possess dispute rights by virtue of other federal and state laws with particular sorts of creditors.

For all creditors, Texas law prohibits the creditor from representing that you are willfully refusing payment of a debt when you are disputing the debt in writing. Texas law, however, doesn't specifically make reference to credit reporting like the federal law does. As a practical matter, however, a creditor who states to a credit reporting agency that you have refused to settle a debt after you have challenged that debt is nearly always going to be in violation of Texas law.

Texas law is actually broader than the federal law. It disallows making this representation to anyone, not just a credit reporting bureau. Accordingly, a creditor who sells a debt to a third party debt collector while wrongfully representing that you are refusing to pay is likely in violation of Texas law. Regrettably, there are undecided legal questions involving the relationship of the federal Fair Credit Reporting Act and the Texas Debt Collection Act that make it difficult to hold a creditor responsible for breaking Texas law in its report to credit reporting agencies. But it's still worth sending your dispute letter. The creditor may comply to head off the possibility that federal law will be construed to allow the enforcement of Texas state law requirements. The dispute letter may, therefore, keep the creditor from misrepresenting your debt to third parties other than credit reporting bureaus.

What Are My Credit Rights?

Knowing your rights as a credit card holder will be your guide and protection against unlawful practices that may be committed by creditors and debt collectors. The Fair Credit Reporting Act (FCRA) has made distinct stipulations with regards to promoting the accuracy and confidentiality of consumer credit reports. Let's discuss some of these credit card rights based on the FCRA:

Who may ask a copy of your Credit Report?
Credit bureaus may only issue a credit report for legitimate business transactions. Those who may review your report are your employers, insurance companies, creditors, and government agencies. The consumer himself may also request to obtain a report on a behalf of a third party.

Disclosure
Generally, there is a fee in obtaining a report. However, you are entitled to obtain a free copy each year, if you are currently unemployed, on welfare or if you suspect fraud committed against you. If you are in any of these situations, you may write one of the major Credit Bureaus and request for your free copy. At the end of this article, you'll find the contact information of the three major Credit Bureaus.

Errors on Your Credit Report
You have the right to dispute erroneous details or inaccurate information. Notify a Consumer Reporting Agency or one of the major Credit Bureaus immediately. They should investigate on the matters in dispute and take the necessary actions to ensure that these errors are corrected.

What if you've been denied Credit?
If a creditor turns down your application, you may request a free copy of your credit report from a credit bureau. This will give you the opportunity to check your rating and verify if there are any errors or inaccuracy in the report which resulted in the disapproval of your application. If this is the case, you may request the credit bureau to send a corrected copy of your credit report to the lenders whom you submitted your applications to.

Limit Access to Your Information
You may request consumer reporting agencies not to give out your name to lending companies and other creditors who make unsolicited inquiries to offer loan, insurance or credit cards.

You may call (888) 5 OPT OUT for your name to be excluded from Experian, Equifax, and Trans Union. However, this exclusion will only last for 2 years. If you want to be permanently be excluded from the list, you have to fill out a written form from the credit reporting agency's office.

Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act protects consumers from unlawful practices or deceptive strategies that creditors may use against them. If you have been a victim of fraud or unfair business practices, you may file a complaint at Federal Trade Commission office or call their toll free number at 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.

Saturday, February 19, 2011

Collection Harassment - You have the right to respond if their debt collectors harassing you!

If debt collectors harassing you? You are receiving constant phone calls and letters? You are always annoying automated calls? Have you been threatened with legal action and the precepts of wages? If the bailiffs presentation of inaccurate information in your credit report? You have insulted?

Are you? Got in touch with family and friends? If they call you at work? Unfortunately, many of them illegal use of credit recovery> Practice. Even if you owe money to creditors, which can be compensated if their rights have been violated. You have the right not to be threatened and harassed by debt collectors of his.

You should find a collection of harassment lawyer, if you have had repeated calls from a debt collector or an automated system. You should also find a lawyer if the collectors have reported a third-party who owes the debt or if they call you first 08:00 or after 09:00.

You should find a lawyer if they are harassing and threatening you, or by phone at work when your boss has banned this type of call. If you want to determine if the bailiffs have broken no laws, you should consult with an attorney licensed collection harassment.

If you were a victim of harassment collection, you may be able to sue the debt collector. Federal and state law protects people against unfair and deceptive> Debt collection practices. The Fair Debt Collection Practices Act is the law that protects consumers. This law allows individuals to sue debt collectors for his misconduct.

It is worth noting that many lawyers working on contingency fee basis. This means that you pay no money up front. The law also allows the company to pay legal costs.

Today, millions of people suffer fromOverwhelming financial debt causes of divorce, job loss or an unexpected illness. Finding money to pay your debts is very stressful. You should not tolerate harassment by debt collectors of his. You have the right to be treated with respect.

If you are facing financial hard times and abuse, an attorney who will help you fight. A lawyer can make a positive difference in your life, no matter what kind of debt you have, such as student loans, mortgage loansloans, auto loans, credit card debt or medical expenses.

Companies with rude employees, inadequate debt collection, use vulgarities, have incorrect billing, and threats to consumers who do not act professionally or legally. They can not criticize or intimidate you. They can not make false statements about their intentions or their debts.

They can act in ways that violate the law. Remember that laws are not effectiveunless they act. The impact of debt collectors you have in your social life, mental health, family and quality of life should not be taken lightly. Contact an attorney harassment law collection today!

Friday, February 18, 2011

The truth about debt and credit card is not a problem if you can not afford

The truth about credit card debt when you can not pay is a matter of going out in the display of the fiction of Alice in Wonderland to think or discover what our legal system says is true. You become a citizen informed and aware of a stay in wonderland fruitcake.

The cold hard fact is our country is in deep recession. While politicians ball themselves together like sardines under attack from a school of tuna for a few people die of hungeryou're reading what the laws of our land are saying and avoid useless crap offered by commercial Internet guru or consolidation companies.

The construction of a snowball rolling their debt and consolidating itself into oblivion without hope are not viable, when hundreds of thousands of people are losing jobs every month. Keep enough food on the table and five U.S. dollars per gallon of fuel to get to the grocery store is becoming the new American dream. Not verywhat our Founding Fathers had in mind when they wrote the Constitution.

Our country has been manipulated and ruled by a lot of money. If you can get out of your closet long enough to use the search term Wonderland ", the gig is up - money, the Federal Reserve and You", then you will have gained a deeper understanding 90 min. politicians have learned to their lives. This video was presented at the University of Colorado School of Law and pulls no punches.

When given thePlastic debt back to the banks that are giving the money under their own rules and is paid in full. The bank has lost control of his life trying to make life miserable for the sale of your account information to a collection agency. But we take the carpet and see what dirty little secrets of banks and collectors have hidden point view.

To use the search term "The debacle in Chicago" greedy bankers find dumping million credit cards U.S. cities on an unsuspecting public to get their plastic regime began. Organized crime, other states and even the United States Post Office jumped on the illegal profits were made by the regime.

The shooting spree shocked the money Congress, so far as to completely eliminate paper, but as a result of legislation passed that punished the Gestapo as banks and their collective management societies. The good old Fair Debt Collection Practices> Law had bankers and collectors frantically to sweep under the rug and out of sight, which was expected to be forgotten.

Having failed to pay the bill, plastic, by law, the banker is forced to cancel the account and reduce their assets by other imaginary 90% of their credit limit call. The collectors are telemarketers legally, but they are prepared in what marketing techniques they can use.

The Federal Trade Commission guidelines make it virtually impossiblefor them to make a call without incurring a violation that is a minimum value of $ 1.000 each. You only need a recording device to record the violation as evidence. You can have your account marked with a collector paid or agreed as violations can play your recorded by a jury and win cash prizes up to $ 8,100,000 that has been the biggest prize.

His collection of warnings not worth the paper they are printed, but you have to react and request proof of debtwithin 30 days. Remember not to respond to accidentally create a new contract with the collector. Bring your lack of response to the judges who rubber-stamp and now has to collect the money. And "one of the tricks you need to take your money.

Your credit score can be treated lawfully under Section 609 of the Fair Credit Reporting Act, which provides communications agency must have verifiable proof that what they are reportingtrue. It is not and never a shred of evidence in any reference agency. An application to remove derogatory comments or a fine of not asking the government to review the item will be deleted forever.

So the truth is that there is no need to pay more credit card debt again for any reason. No need to consolidate, bankruptcy, a kind of snowball or go through credit counseling. Our legal system of the United States for the use of coveredNot one step back in the room of wonders, where the rule of the bankers.

Thursday, February 17, 2011

Fix your credit report without paying a penny

As for the ability to repair your credit, consumers have the right very important to find the Fair Debt Practices Act that is, consumers have the right to have a collection account liquidation.

Stated in the FDCPA, is a process known as validation and is significantly different to the normal process of verification. Verification focuses only on the credit bureau by calling a creditor to verify the information on an account of people.This is a very quick process that can be addressed within a relatively short period of time. The creditor will examine the records and then to the Agency. The agency will then decide whether the creditor provided accurate information.

When a collection agency is asked to validate a debt, however, the process can become very involved. The collector must prove that the debt is your responsibility, and they have the legal rightcollect from you. In addition, the collector must cease all collection activities until they provide this test for you. If the agency can not validate the debt, which should end their attempts to collect the debt and stop reporting the collection account to credit bureaus.

Note that the right applies specifically to the validation of collection agencies, not the original creditor. Recovery record is supposed to be lessreliable than those maintained by the original creditors. The collectors are often guilty of persecuting the wrong people and distort the amounts due, the validation process is intended to protect consumers from these practices.

To validate a debt, the collector must file the documents - obtained by the original creditor - which shows you really need the money. Validation can be a powerful weapon in the fight to clean up recovery actions in your credit report.collectors often do not have the necessary documentation, especially if the debt has passed around a collection agency to another, as often happens. They have often been little more than a list of back up their claims, and the Federal Trade Commission has made clear that such a "simple breakdown" is not enough evidence to constitute a validation of debt.

The validation process can not only help remove the collectionaccounts that do not belong, but it could help get rid of some of those who actually do. This last statement may surprise you, especially if you've heard the credit of the officers of a company that can not be removed legally true, negative information from your credit report.

In rare cases, you can use the validation process as a way to remove accurate information from your credit report. This is largely in the case of information collected old. Some may say that it isis not a suitable method, but it is legitimate. In essence, it requires validation of an old debt and the debtor can not provide the necessary information, then it may be withdrawn due to lack of validation. Again, this is only successfully achieved in rare cases, but can be done.

Wednesday, February 16, 2011

Your bank Unfair Debt Collection Practices

Your bank, lender or loan is probably a violation of the Fair Debt Collection Practices Act, every day and every time their employees or representatives to contact you about your loan during the loan modification or foreclosure efforts . Have you ever thought?

The FDCPA was developed in response to abusive conduct by collection agencies and the concern that the abuses were causing an increase in personal appearancesfailures. The purpose of the Act is to provide strict guidelines for collection agencies that are trying to collect debts expectations - while providing protection and remedies for debtors who may be subject to unlawful conduct.

The law applies to all personal, family and household debts, including but not limited to the first and second mortgages, auto loans, medical expenses, and credit card accounts. In addition to the FDCPA, most states have laws parallel tonormally prohibit the same kind of abusive debt collection (which can also cover a wide range of debt that the federal law.

Under the FDCPA, a debt collector "means any natural or legal person who regularly collects debts for others. This definition includes lawyers who represent the banks in foreclosure proceedings and the provision of debt recovery on a regular basis. Even if a debt is fully legitimate debtcollection behavior remains limited by this law.

Normally, the house collection agents are not covered by law. For example, if a consumer has a credit card, shop, shop and own collection department contacts the consumer, the FDCPA does not apply (however, if the store uses the same third party collection agency with the consumer about the debt itself, the realization of the third is limited by the FDCPA). Similarly, when aloan goes into default, the lender or holder of the original loan, may be exempted from the law if the lender is: (1) debt collection, (2) under the trade name, (3) not primarily engaged debt collection activities.

However, in the case of mortgage loans in the last decade, the vast majority (although almost all) of the loans are sold once shall be in default. Therefore, this law applies any time a mortgage is sold ortransferred to another provider and start looking for debt recovery is before or after the commencement of foreclosure. Once a supplier or service "changes" after a loan goes into default, the new "company" that buys the debt is considered a "collection agency" and must comply with all provisions of law. And as we have said, any law firm hired by a lender to recover the debt or starting a procedure foreclosure must also comply withFDCPA and is responsible for any failure.

Examples of conduct specifically prohibited by the FDCPA are:

or contact a third party is not liable for the debt, such as a relative, neighbor, or employer (co-signers, however, can be contacted by the debt collector);
Threaten or to refer a bill to a lawyer, an impairment of a consumer, or to initiate a seizure or embargo - without any real intention tothe threat. (However, a collector may warn of an impending real intention to refer a case to a lawyer or to report a debt to a credit bureau to pay consumers. I can not use a false threat to try to intimidate a;
or make repeated telephone calls, sometimes excessive. - The law defines unreasonable "time" because the contact before 8:00 am or after 9:00 pm unless the consumer has given permission to make calls collectors hours
or make phone calls to an inconvenient place (This includes calling a consumer at work, in violation of a policy by an employer who is known by the debt collector or at the request of a consumer who are not called the consumer in the work;
O When you make a phone call to a consumer at work, inform the employer of the purpose of the call, unless first asked by the employer;
or use of profanity, racial slurs or insults;
or collecting taxes or Wantedfinancial expenses not specifically allowed by the contract or state law;
O Request for post-dated checks with the intention to prosecute if the rebound;
Sued in the courts or from the place of residence of the consumer;
The creation of fraudulent representations or falsely that the debt collector is an attorney, falsely claiming that it has filed a lawsuit, using a false name, or using stationery that is designed to give a false impression of a communication aCourt or public officers;
o The use of deception to obtain information on topics such claims to be conducting a survey and
or threatening consumers with arrest if the debt remains unpaid.

Moreover, once the collector is informed that a consumer is represented by a law firm or individual lawyers, the debt collector must cease immediately all communications with the consumer. (Note: This particular section isoften violated by many creditors and the operator with which our office is busy. Typically, the lender or servicer has confirmed receipt of our correspondence, but he remains in contact with you and demand repayment of lending. Our office is responsible for these practices aggressively in the current one).

Violations of these and other sectors of FDCPA a debt collector may refer to monetary damages and an obligation to pay the consumerattorney fees. In addition, the Federal Trade Commission can enforce the FDCPA through "administrative measures", including the issuance of "cease and desist orders and commands.

Surprise may be a victim of a lender or is violating the FDCPA in its efforts to loan modification and the defense of exclusion. Review your matches, do you think I was calling and defend their rights.

Read a Guide to collection agencies

Collection agencies in recent years have been known to use all kinds of pressure tactics and misleading to consumers to collect debts. Sometimes these tactics are over the crossbar and then violate the law. Were taken under the Fair Debt Collection Practices Act which prohibits deceptive and abusive behavior by debt collectors, here are a few behaviors that are prohibited as stated in the law:

Contact you towork-collectors are forbidden to contact you after they have been repeatedly written instructions to stop. They were also forbidden to contact the office after an instruction has been given against such behavior.

Threatening arrest or legal action "There is no law that says you can be arrested for an unpaid debt, and collectors have no right to threaten legal action.

Telephone Contact Hours are debt collectionlimited contact outside working hours 8:00 to 9:00 local time.

profanity or abusive collectors are prohibited from using such language in the notice with respect to consumer debt.

Harassment; Having your phone ring constantly and repeatedly can be annoying, so collectors are prohibited from using your phone as a means to harass.

Contacting you by the debt term validationcan not touch once they have asked for a validation of a department. At that time, it must investigate the debt and send a copy of proof or validation of the original creditors name and address. It 's just that when they made contact with you.

Misrepresentation or deceit, debt collectors are prohibited is misrepresented as law enforcement officials or a lawyer in the process of trying to collect the debt.

Oncehave informed the bailiffs who are represented by counsel, no right to communicate with you. If the debt is to violate any of the Fair Debt Collection Practices Act's statutory damages to the amount of $ 1,000 plus legal costs.

Tuesday, February 15, 2011

How does a debt settlement law firm to work?

I have worked in debt for almost ten years and now have a broad knowledge about how it works. Before starting I would say that this is a rather long article and if you are serious about finding a solution to the debt problem then stop reading now. The purpose of this article is to explain to you first how debt and what the process entails, both good and bad. Then I will explain the differences between law as a settlement company debt and how it compares with a standard solution company debt. There are many differences between the way they handled this process in two. Because the debtors must learn these differences before enrolling in any program. Many people know how a company debt settlement, but have no idea of how a society of law and this article explains just that.

First let me say that > Payment of debt as a means to reduce credit card debt is not for everyone: some people simply do not have the right state of mind, while others have more to gain from bankruptcy.

To begin with I want to go beyond the scope of the debt settlement credit card and how the process works. The purpose of debt settlement is that the debtor out of debt quickly without filing bankruptcy and save money in the process. The objective of the> Debt Negotiation is to negotiate a fixed amount of time on behalf of borrowers to a much smaller than the debtor has at the moment.

These benefits are enormous. The debtor could save nearly half of what it is now and I have to be out of debt in a few years. But as with most things in life there are drawbacks in this process and no way to avoid them.

At the end of any creditor to be willing to negotiate a debt in adebt default account that the first fall. There are lenders all over the world willing to negotiate when they are updated daily and minimum monthly payments. If you feel you can keep your monthly minimum is where I want to keep the creditors. This is where the profits are made with only the minimum payment each month that will be in debt for over thirty years, although the interest rate is not high. If the rate exceeds 20%will be stuck in debt over 30 years and pay its creditors more than ten times the original is the only balance of interests. This is exactly where you want!

So, understandably, will not negotiate with you when you go and you feel even the minimum payments on the bench in the coming years. So the only way to trade is to never get behind on monthly payments. Of course once you do this you will be negatively affected your credit score andAlso received calls from collectors, this is what you can put some people to make debt payments, why I said earlier, this process can not be for everyone.

For those already there can make a difference and not damage your credit more than it already is, but for those who are going through this will negatively affect your credit. It is unfortunate that this problem can only stop some people use debt, sodoomed to be servants of the financial creditors in the coming decades.

It should also be aware that this process will begin over time to help rebuild your credit. Thirty percent of the MyFICO credit score is your debt / credit, will be much better after getting out of debt. Furthermore, the negative feedback of the delay will not have much bearing on your credit score after two years. Your credit score is a snapshot intime and uses only the last two years of payment history to determine the score.

Now, during the process of falling behind their goal is to save up as much money as possible in the shortest time possible. This money was later used to pay the balance to be negotiated by the debt negotiator. The fastest person looking to save money and complete this process, the better for many reasons. On the one hand, the faster you are out of debt, the more money you can save andless likely to take the negative aspects of the liquidation as a result of the application and credit report damage.

This brings us to the title "How does a debt settlement work law firm?" As I explained earlier there are great benefits to the composition of debt, how to save money and time, and there are also some disadvantages, such as collection calls and the possibility of a lawsuit.

The main differences between the payment of the debt ismaintained by a law firm and debt payment debt settlement company standard is how to deal with negative incidents. A law firm has more legal power and properly configured to comply with the laws of "their states.

Library calls

One of the big differences in how the debt is handled first has to do with collections calls. The first time you fall behind and their debt is held by the original creditoris not legal you can do to avoid being called. However, once the bill goes to the lender through a collection agency for the third to be between 3-6 months after the fall after changing things. Legally, once in the hands of collectors, a law firm shall have power to all your customer calls stopped, and if the collector continues to call and harass the customers can be a legal action against the creditor will see that rapethe FDCPA (Fair Debt Collection Practices Act).

So the first advantage of a business customer will be much less active in calls for the collection, and this is very important to some people. Any debt scheduled airlines that claim they can prevent calls are simply not telling the truth and you must be very tired of them because of this.

Claims

The next major advantage of a law firmon the composition of debt is a cause can be managed. If you do not realize that once you fall behind on credit card debts the creditors / collectors are in possession of the legal right to pursue court to collect the debt. However, I remember doing that because no is the support of collectors and not exercised very often, the reason is simply that it costs too much money and time on behalf of any unsecured creditor to get money, even if they candecision anyway.

The advantage of the law firm that is still legally can contact and negotiate an agreement with the collector after it issued a subpoena to appear before the court. A settlement company debt does not have this legal power. The collectors are very willing to negotiate a solution, even after the citation was issued, they realize they can get little or nothing to ignore, to contact a reputable law firm that is willing to offer their money andpay the debt, without wasting time and money by going to court is very beneficial to the collector.

If you are sued and you only have a society that is standard, you can expect to go to court and try to solve it yourself. This often results in a sentence for the defendant!

Set appropriate legal

Perhaps the biggest advantage the company has more of a society is how they are made. The vast majority of companies pay the debt is notlegally authorized to work in all states, many are not even adequately prepared to operate in the state.

The lawyers of the State "and the FTC (Federal Trade Commission) are being taken largely from these companies and closing as quickly as possible. When this happens often that the company has no money to reimburse its customers who paid taxes to a company that is no longer in business and can no longer afford to pay their debts. Now, the debtorholding the bag with thousands paid in taxes, but still trapped in debt, and this nightmare scenario happens more than you might think. So doing a lot of law firms, much safer option!

Another problem that many people with debt settlement companies is that they provide and how this process works, just sugar coating things and preaching of the great benefits, but never mention a problem. A law firm legal obligation to reveal everything about how it works beforemay enroll any person in any structured payment plan. Many companies do not care about your interest and tell you everything you need to get you signed despite being fully aware that there is the creation of a failure.

Which brings me to my final point, a lot of unscrupulous companies will allow its customers access to a program and pay what they want and put them in establishing programs for much longer than they should. Stretching a debtinduction program savings and reduces the potential to cause an increase. These companies can not provide legal advice or assistance to the client if they have sued and is considered an unauthorized practice of law and this is what I intend for them to know that you will be creating an error. If you can not do this work in three years, four up in particular situations, then you should seriously consider bankruptcy. A law firm will close and I say thisshade, where many companies continue to try to enroll.

I really hope that after reading this article you feel enlightened and now have a much better understanding of how debt and how companies can make more. I know that for most of the time focused on the negative aspects of debt settlement, but I think it's important that people understand the good and the bad, allowing them to make an educated decision about how to test financialout of debt. But we must understand how powerful are the benefits of this process! Save almost half of what today must be free of debt and in a few years will be as beneficial to their current and future financial well being. Credit card debt is a way to destroy people's finances and their lives and paid the Debt is the perfect alternative for those who want to escape the debt quickly and avoid the embarrassment of presentingfailure.

If you are curious to see if a law firm debt settlement can benefit your financial situation then I invite you to follow the link below in the signature box and fill out an application. I welcome the opportunity to review your unique personal situation and see if debt settlement is the right fit for you.

Monday, February 14, 2011

Cease and Desist Notice - What makes a requirement of Stop Debt Collectors call?

The site originated in the FDCPA - When the Fair Debt Collection Practices Act was prepared, was designed to protect citizens from the rampant abuse of collectors. But even with the passage of the law, many debt collection companies are playing by their rules. I have seen cases in which debtors are asking ten to fifteen times a day. If this is not harassment, I do not know what it is. Invariably, the key is herethose who are persecuted not know their rights when it comes to collectors and debt collection.

First you must read the Fair Debt Collection Practices Act in its entirety. This is a real quick read, you can finish in one sitting. In this way you have an understanding of what collectors can and can not do UNDER THE LAW! In other words, if they violate the FDCPA, are now subject to being sued by you and mustto make payment! You are about to experience a powerful tool for debtors, "the formal announcement. It is designed for collectors to stop harassing you.

This excerpt is taken directly from section 805 of the Fair Debt Collection Practices Act

"(C) TERMINATION NOTICE. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collectorstop communicating with the consumer, the debt collector may not contact the consumer with respect to such debt, except -

(1) to advise the consumer that collecting more debt efforts have been made;

(2) to inform the consumer that the debt collector or creditor may require the measures that are normally invoked by collector or creditor, or

(3) where appropriate, notify theconsumer that the debt collector or creditor intends to invoke a specific resource.

If such communication by the consumer is done by mail, notification shall be complete upon receipt. "

What this means in terms of collectors stop calling?

When a consumer receives a phone call or a communication by a collection agency of third parties must respond by sending a formal letter of notice. Remember that this is a binding legal documentwhich brings a lot of firepower. All collectors are aware of this official document. The key is, but I hope I do not know!

Once a person sends a notice to cease and desist, order a company or person to stop notices and collection calls are legally bound to respect. After this point, the only contact was subsequently admitted to notify the debtor of certain "resources" as the lawsuit, but collectors usually do not even bother. You must send this notice bycertified mail with the reference number used by the agency. Do not add additional information such as account numbers, Social Security number or bank account numbers. Also do not you want to do, depends on them!

What happens to debt after the statement was sent cease and desist? - After the order was sent, the debt can be returned to the original creditor sent to other third party body, or simply storedaway, depending on the circumstances and quantity. It is important to note, if this is a valid debt, still owe money. Take time to find a way to solve the problem with the original creditor.

Sunday, February 13, 2011

Defenses, defenses and counterclaims in the affirmative Debt Litigation

What is the difference between an "affirmative defense" and a "counterclaim" and how they relate to what we might call "normal" defense in cases of debt?

The burden of proof

The main key to understanding the differences in the defenses is to remember what lawyers call the "burden of proof." The burden of proof applies to those who have something to prove, given that there are things you can never prove beyond doubt the firmness of the jury or judge must beconvinced. In a civil trial (which are cases of debt), the burden of proof (trial) is replaced by "a preponderance." Consider a set of stairs with your evidence and proof to the other side of the balance between them. The "preponderance" is just enough to tip the balance one way or another. It is a difficult burden, but the jury believes that, instead of the other side. And the links go to the person who has the burden of proof.

"Simple"Fenders

Let's start with "simple" argument. Remember that the plaintiff has the burden of proving its case against him. It must demonstrate that (1) owe money (2) we owe to the right person, (3) who have never, and (4) how much I owe. Simply put, if you are sued by a credit card debt age of $ 500, must prove that: (1) is used for loans or credit card to buy things, (2)purchased or otherwise acquired the right to go after money, (3) never paid the money to the original creditor or other debts, and (4) the total amount due is $ 500. If you can not submit sufficient evidence in one or more of these problems, we must win. A defense of the "flat" is only in your response to the claim denying any or all of these elements in the case of the applicant. Once you dispute the debt collector chargesagainst you, to bear the burden of proof on all charges in dispute.

Affirmative Defenses

Suppose you want to argue that even if it was the credit card, another person fraudulently to support the debt. This could be a defense "yes." An affirmative defense is something that, if true, would have prevented the debt claim against you, even if all allegations of a petition by the applicant are true. The party claimingaffirmative defense the burden of proof on it.

Counterclaims

A "counterclaim" is a completely different animal. The counterclaim asserts a claim against the party denounced him. For its counterclaim, which are basically treated as an actor, and if you win, you should get the money. Defenses simply because the money you save on the other side. It will support the burden of proof for the counterclaim, and on the other side can present defenses and affirmative defenses. Acounterclaim does not defeat his claim, although in some cases, such as consumer fraud, counterclaims can double your defenses. In the context of debt collection, this is not usually the case. Counterclaim to the debt collector will not be harassed a defense against your claim that you owe them money. It could, however, be a most precious right, however, and could easily be worth more than the money demand against him.

A possible exceptioncould be the rule for "verification." The Fair Debt Collection Practices Act (FDCPA) requires that if the debt collector is required to validate a debt, you must do so within 30 days and should have no collection activity until they have done. In some cases, defendants have used the fact that the collector for validation (after only one request) as a defense to the case. Obviously it would be very temporary andcould be resolved easily.

Similarly, claiming that the applicant had not submitted a previous request for the money (but only demanded from nothing) is just a technical defense of a credit agreement, as the courts usually sufficient to treat the request as demand. Moreover, in the field of debt litigation, if the request is the first time I've heard that the collector would still have the right to request verification. Exactly how that works as an affirmative defenseand affects the time the case was highly controversial and remains unclear. Again, defense would probably be a very temporary, although no written notice of your right of inspection may be a violation of the FDCPA.

Conclusion

If you are responding to a lawsuit filed by a debt collector, you will need to consider the audience of the plain, all possible affirmative defenses, counterclaims and questions. All of them are independent and mustbe invoked (suspects) and has been shown separately.

Saturday, February 12, 2011

Automated calls from debt collection companies

You have received repeated calls from collectors machines, regardless of whether they really are in debt or they are calling the wrong number? You are not alone. Some companies have used debt collectors to program their computers to call several times, in essence, that beset the debt. Worse still, many times a company to collect the debt will be dialing the wrong telephone number, and then calls will be pursuednot even intended for him. In both cases, such as telephone harassment in violation of the Fair Debt Collection Practices (FDCPA) and can recover up to $ 1,000 for statutory damages and attorneys' fees, if necessary. Mary Harper of the IL was getting calls every 5-8 weeks of a collection company to ask someone from a completely different name. He noted that the calls were pre-recording a message demanding a return call. When shecalled a message said that the call has been registered. Mary felt uncomfortable with this and hung up.

The Fair Debt Collection Practices Act (FDCPA) makes it unlawful to engage in certain activities considered harassment or unfair. Some of the legal practices, such as Centennial Lawyers who represent harassed by debt collectors (recovery). Whether in fact the debt or are called by accident. Victims attractive the exercise of their rights often change the course of a collecting society to obtain legal representation and to recover damages up to $ 1.000 by the collecting societies as available in the Fair Debt Practices Act Collection (FDCPA). Often lawyers are only collected legal fees of any amount recovered, and victims of the Fair Debt> Collection Practices Act (FDCPA) violations will not have to actually pay money for representation.

What to do when debt collectors knocking at your door

Through no fault of their own, now find yourself way over your head for an amount of credit card bills. If you emphasized. Not sleeping well anymore. Have you been good and have paid their bills on time, even more than the minimum amount due. One day he went to work and before dinner, they were "pink slipped." No alerts. Only "a job well done" but no longer needs you.

After a few days to hand wringing, finally get the courage to thinktheir debts. The priorities are now required. The roof over your head, to pay utilities and gas and food, of course. That leaves little more and the decision to decide which unsecured creditors will be paid to do. The rest just have to wait until another job.

A few months later, the phone rings. Taxman. And I'm not nature. Require voices. Always waiting for the money. You do not have to sell. These collectors are like wolves huntingto hunt their prey as possible.

What are you doing? The answer is a phone call away. But first, you need to know their rights when dealing with angry individuals. Here are some of ... (According to the Fair Debt Collection Practices Act) of debt. ...

... You can call at 08 am-8: 00. Collectors can not send mail to court documents indicate.

... You can not have you arrested. Unpaid debts are a civilianmatter, not a criminal.

... You can not tell anyone about the outstanding debts.

... You can not contact by phone, if not say no to track this request in writing.

... You can not sue. Only the creditor can sue, if they choose.

Are you being chased by debt collectors, do not give them any information. You are in control. Once they are given information they need to relinquish control to them. Saiowes to creditors. But you do not have anyone trying to collect overdue bills.

Keep a record of any communication you have with anyone with regard to unsecured debts. If you need to file a complaint against any collector, you will not have to rely on your memory.

There are bullies everywhere, and modern collectors are bullies. Credit card debt is at an all time high due to a rising unemployment rate in the United States. Businessis very good for all collector. Should be good for a very long time. Because the money is big business. Creditors know. Collectibles know. No fumbled to reason with them, are not reasonable people. I am very unethical, morally dubious and excel in the harassment.

In a nutshell. Money talks. If you do not have money, debt collectors can not hear. Ignore them and go.

Friday, February 11, 2011

101 Tips Collection

Today's libraries are said to be 95% and 5% the psychology of the muscles. This article is a collection of time tested tips, techniques and ideas that can help you and your organization to raise more money, faster, with less. Much of what is contained in this article can be a common understanding and the kind of things you and your organization is already doing on a daily basis. However, there are bound to be different ideas and action-oriented recommendations that, if implemented, will helpbecomes an even better job on your credit.

I: warning signs of potential credit and collection problems:

1. numerous requests for information about one of your accounts.

2. Customer behavior is often the banks.

3. Client to seek clarification or evidence of more frequent service.

4. Changes in customer payment patterns.

5. partial payments rather than payment in full.

6. Problems in the client's geographic area.

7. Problemssector clients.

II: Warning Signs of its sales force on May Day View:

8. decreased levels of demand.

9. empty shelves in the warehouse or retail.

10. plant operating at less than capacity.

11. the main customers of your customer is a problem.

12. The loss of key personnel.

13. large layoffs or reductions in hours.

14. limited visits in the areas of the plant.

III: The warning signs of potential problems Checks:

15.Consult with numbers to 300.

16. No name or address printed on the checks.

17. Start checks with printed information.

18. Address on the check and identification do not match.

19. No valid photo ID or expired.

IV: Why do I have problems in the collection:

20. Fear of loss of business in the future (not actively in delinquencies for fear of losing future business.)

21. The lack of credit and collection policy or unclearPolitics.

22. The lack of training of collection.

23. The reluctance to use external sources of funding in the beginning of the cycle of crime.

V: Seven reasons to have a formal written credit and collection policy:

24. Clarify who does what.

25. Facilitates training.

26. Support actions.

27. Prevents unauthorized changes.

28. It promotes consistency.

29. Reduce lost time.

30. The responses of 95% of routinequestions.

VI: The development of credit and collection "Skills"

31. Two basic concepts: (1) Time is the most severe deterioration in the collection of an account, and (2) You will never have sufficient resources to collect all their shortcomings.

32. The implementation of a referral program sooner or care to maximize the recovery of internal and external.

33. The first referral programs, as well as collect, identify and isolate without pay oflow pay and treat each accordingly.

34. Accounts 60 days or younger are more than 80% of his pickup.

35. Accounts over 90 days old are generally less than 50% of collection (internally).

36. delinquent accounts of 60 working days, in general, maximize the internal rate of return and recovery. We use a third for those aged 60 to 90 days in arrears as to concentrate on internal accounts easier slow-pay.

37. Develop and use a "Follow-up Program 60 days."

•Concentrate all its internal efforts in the period in which are more profitable.

• Start early offenders - often in contact with them within 60 days.

• Get progressively stronger, as the 60 days pass.

38. The elements used in the 60-day program Pursuit - copies of statements / invoices, letters, sales visits, telephone calls, suspend credit.

39. After 60-90 days are the choices: continue to keep inside with reduced performance, the termination of your account, usesmall claims court, lawyer or full service collection agency-exterior.

VII: Collection points:

40. The easiest way to raise money machines.

41. You can not solve problems or to determine whether there is a payment issue.

42. A communication channel.

43. Notwithstanding the misunderstanding.

44. Collection Letters to maintain dialogue with the debtor.

45. They are cheap.

46. Lays the foundation for its nextaction.

47. It lets you know that the debtor has not forgotten them.

VIII: Other considerations in the letters along with:

48. His account not only placed the debtor.

49. His letter is in competition with professional mailers.

50. Change the look of each email.

51. It is necessary to discourage borrowing by discarding the envelope.

52. You need to encourage the debtor to open the envelope.

53. Increase the likelihood of positivethe results of your letter.

54. The hand of the direction of a white envelope - open it!

55. Add "address correction requested" and "Forward guaranteed delivery" to the envelope.

56. Frameworks to encourage openness. "Personal and Confidential," "Urgent", "Personal," "Confidential," "Do not bend"

57. Want to motivate debtors to pay for calls in their letters:

• "cost savings."

• "Maintaining a good credit history."

• "Standcustomer value. "

• "Avoiding a record of bad debts."

• "Do not place it outside collection agency."

58. Make collection of letters ever stronger.

IX: A collection of telephone calls.

59. The number is more expensive but much more effective.

60. Requests must complement and follow-up letters to what is said in the letters.

61. As two-way communication, calls can identify and resolveproblems.

62. Sell and maintain control over the call collection.

X: Implementation of the collection call:

63. The format of library call:

• Identify the debtor.

• Identify yourself.

• The demand for full payment.

• psychological relief.

• Determine problem or objection.

• Find a solution.

• Close call and get the commitment.

64. Collect calls are threephases:

1. Opening phase.

2. negotiation.

3. The closure phase.

Tactics Opening stage:

65. Verify the identity of the debtor. (I'll call [name] ... this is him / her?)

66. Make sure the address of the debtor.

67. Identify.

68. State debt contract ($ 567.35 You must us ...).

69. Indicate the type of action you want. ("I have to pay full today.")

70. Pause and let the debtorresponse.

Under negotiation tactics-4 passes (in this order):

71. Step one: "I have to pay full today."

72. Step two: "When you can get paid in full?"

73. Third step: "How can you send today?"

74. Step four: "When I can expect payment?"

During closing tactics:

75. Collector summarizes what is happening and when.

76. Payments are always expressed in dollar amounts.

77. Points in time arealways expressed as dates.

78. Debtors must confirm that you understand the following action on your part.

XI: The selection of an outside body:

79. Always use a service full service agency instead of writing letters, etc.

80. Look for agencies that deal with respect to the three major credit reporting agencies.

81. Select an agency that works nationally instead of a "local" or "regional" for debtors will be processed, even if they go outin your area.

82. Use an agency that provides legal services available as an option if a lawsuit is necessary.

XII: Twenty points - especially for medical practices:

83. Carry out pre-register new patients (and credit analysis) by phone or by mail before the first visit. This reduces bottlenecks in the office and gives time for a study of credit.

84. Mesa obtain credit reports on new patients with poor credithistory - to identify and resolve problems before they pay for services rendered.

85. Potential "danger signals" to the new patient registration forms:

• Direction - temporary or a post office alone.

• Telephone - no or unlisted.

• Company address / phone - or nothing at home.

• Employment - none.

• Competition - none, "a friend", "Medical Society", or "yellow pages".

• Marital status - divorced or separated, young singlepeople.

• Age - the very young or very old.

• No insurance coverage.

86. Doctor jump (if known).

87. "What we have bills that are more important than your health?"

88. Value of the collection - 92% to 95% recovery is a good average for most of the group practices.

XIII: Medical Library Special Borrower Call of Appeals:

89. "I would say he has done several thousand dollars in recent months, however,have only received a small payment. "

90. "We have helped in a time of need, and in good faith, expected to be paid within a reasonable time."

91. "So you want to protect your credit so you can feel comfortable if you or your family need to go back."

92. Add a current loan (pay) ... or some other bills as we go for our last few months. "

Know the law ... debt collection, collection agencies Credit ReportingThe offices are highly regulated. complete copy of the Fair Debt Collection Practices (FDCPA), Fair Credit Reporting Act (FCRA) and a sample of HIPAA has approved an agreement for health professionals are available at: [http://www.ncsplus. com / regulations]

This is the credit and collection 101 tips and techniques, if applied effectively, can improve cash flow and result in increased profitability foryour business.

Thursday, February 10, 2011

Debt collection call laws

collection agencies are third party debt that is used by a merchant to collect a debt. They are hired for the sole purpose of obtaining a pending payment. Usually this type of agency is taken after several attempts were made by the creditor or the sales office within resolve a pending payment.

collection practices have always been highly regulated. The regulations governing the conduct of debt collectors are very loose andCollection practices. General typically vary from state to state and the tactics used by different agencies vary by agency. The first step of many debt collection efforts is the phone call. Collection of laws are called to govern the conduct and procedures of attempts to collect debts.

The Fair Debt Collection Practices Act or FDCPA provides some guidelines that shouldregulate practices related to loan recovery. The code of conduct for the collections is an exhaustive list. Here are some of the basic regulations for making calls as indicated by the FDCPA.

Phone calls are limited to the hours of 8:00 to 9:00. Calls outside these hours are not acceptable.

Debt collectors can call you at work, but only if they were not informed that these calls are not acceptable to youdestination.

The communication must be professional and non-threatening. Not allowed to harass, verbally abuse, swearing or threats of violence.

Should be identified as a debt collector. Not allowed to hide their identity or attempting to obtain information under false pretenses.

They have an obligation to share information only with the person you refer. You can not discuss your information with anyone other than you, if nothave given them permission.

Regardless of the law and practice is not uncommon for collection agencies debt claims and complaints against him for questionable collection practices. Code violations, conducting illegal intimidation tactics and a disregard for the rules are often the basis for many causes and claims relating to debt collection.

Being on the receiving end of the debt is not apleasure of living. It can be embarrassing, intimidating and stressful, especially when the debt is going to the point of collection agencies. Consumers who are in the midst of the debt can muster to know the rules that govern the practice and their rights as consumers. Reports of violations of any of the practices of debt collectors can be reported to the better business bureau.

Wednesday, February 9, 2011

Unable to pay credit cards?

With the uncertainty of the assembly work and bills to pay, it should come as no surprise that there are a lot of people who can not pay the credit card debt. There could be new laws rather than credit, but banks are the smart enough to find a way around these laws. The best option in this scenario is to be informed about the consequences of not paying credit card debt. Before starting, it is important to realize that he was notto jail with credit card. However, there may be other consequences as shown.

1) gathering activities

You may receive calls from collection agencies or creditors, if your account has not entered into the collection. At times, they can contact their friends and relatives to verify the contact information. In this difficult situation, you have the right and the Federal Trade Commission (FTC) to protect them. Iresearch on debt collection practices act fairly and be aware of their rights.

2) credit information

This is usually the first step by the creditor after they have been able to collect the debt. They report the delinquent account and any late payments or payments do not appear on your credit history. Late payments and collection activities of other concerns and greatly reduces your score. Onceyou can pay your debt or collectors, you should. The collection company will submit all changes within 45 days of payment. Keep accurate records of all payments made and request copies of the same. The credit can get rebuilt, and over time the effect of increased defaults and delinquencies and reduce your credit score can go back to previous levels.

3) The ability to garnishee wages and other causes

The drasticmeasurement is taken by the agency or creditor collection only after all attempts to recover the debt. Some states allow wages to garnish. Depending on how aggressive the creditor may try to take it to court and get the restrictions imposed on you. Very often it does not. Depending on the debt in question, its much cheaper for creditors to simply sell their bad debt to a collection agency, and to cancel the remainder asloss rather than seek litigation.

These scenarios may seem daunting. On the positive side, it is not legitimate for-profit and nonprofit organizations that are funded by various programs to help consumers like us. They have your best interests at heart and guide you in the right direction. A warning to do your research before proceeding with any company and see all your options before signing with any of them.

Tuesday, February 8, 2011

Lawyers debt settlement - debt settlement, because it is much easier with legal representation

A lawyer is responsible for assisting our clients in the fight against the legal issues and problems. Debt as lawyers to help you manage your unsecured loans? The most important form of care is communication.

For normal people who do not have sufficient knowledge, it is very difficult to talk to the bank's management and convince them. Moreover, the debt settlement attorneys are talking with financial experts and lenders is extremely easythem. This is not the only help they receive from them. They also oversee the reduction process and extract the best options for you at each point.

Have you heard of the FDCPA (Fair Debt Collection Practices Act)? A lawyer who uses this measure to avoid any harassment by granting the company the money. These companies have a list of techniques to reclaim their rights. In addition to irritation that you send by e-mail, call the strangenow threaten you. These things cause a lot of noise. However, this is nothing to worry about, because these calls can be legally aborted by FDCPA (Fair Debt Collection Practices Act).

The most important help provided when an action is brought against him. If grant money is in holding a position of strength, you can even get permission to liquidate its assets. However, if you have a strong legal representative of his hand,situation is completely different. These representatives work in every corner of your case. Therefore, it is difficult for them to prove a point before the court.

Monday, February 7, 2011

When debt collectors violate the law

Although collection agencies use a variety of unpleasant tactics when trying to collect debts, are not above the law. In fact, the Federal Fair Debt Collection Practices Act (FDCPA) outlines the behaviors that are specifically prohibited. These include the shame of sending cards, call your friends and family and announce that they are trying to collect a debt, and he calls you late night or early morning.

While there is a law on the books that makes certain practices illegal collection agencies debt often cross the line anyway. What happens when they do? Unfortunately, most consumers are unaware of their rights, and therefore does not dispute the debt collectors in their underhand tactics. In fact, collection agencies debt are based on this type of ignorance.

But if you know your rights, you know that> Fair Debt Collection Practices Act says that debt collectors who break the law must pay up to $ 1,000, with actual damages and legal costs. While it is difficult to generalize, if you have a complaint FDCPA, you must first contact an attorney right debt. Once notified of a "body having a lawyer, debt collectors may not contact, and must communicate directoryattorney. Fair Debt Act does not apply generally attorneys for representation, because the debt collector is violating the law will have to pay for his legal fees.

Once you have legal representation, counsel or will file a federal court, contact the agency debt, or both. Often, agency debt, they know they have been caught red-handed to a settlement, which offers a cash payment or to cleanpart or all of the debt. If the case proceeds through the judicial system, the judge will probably rule in its favor, the award of actual damages, statutory damages up to $ 1,000, and attorney fees.

If you were the victim of abusive collection practices, you must also file a complaint with the Federal Trade Commission. This is the government agency charged with enforcing the FDCPA. While the FTC does not represent individuals who arecomplaints and use of the track in a couple of ways. First, the FTC has to prepare an annual report to Congress on collection agencies. Second, the FTC uses complaints to look for patterns of abuse. When you see a collection agency that regularly crosses the line, the FTC sue the collection agency. Very often, these cases are settled out of court, but the collection agency will usually charge a hefty fine and must acceptseries of measures to ensure they do not violate the law in the future.

The end result? There are consequences when a debt collector violates the Fair Debt Collection Practices Act If you are a victim of unfair tactics, it is important to defend their rights and a complaint to the federal government can hold collectors accountable.

NCO Financial Systems - Success Stories

NCO Financial collection practices

Have you received a call from NCO Financial on a debt that was paid or not aware? Have you noticed the name on your credit report? If so, you're not alone. Many citizens of conscience, as you have been contacted by the noncommissioned officers who have paid for debts that have expired, or it should not. The company is a big deal each year with the purchase of old debt loans and thereforetrying to collect on them, often illegally. If you have been a recipient of abusive techniques for recovering debts, you should consider taking measures to stop the harassment and misinformation have been removed from your credit report.

NCO Financial success stories!

Once you start NCO trying to collect a debt, often use illegal practices such as the daily harassment, falsely claiming to represent a law firm threatening to sue,and contact with third parties in connection with debt. One person reported receiving at least two computer-generated phone calls every day for many months. Its line of action is initiated by sending a letter of formal notice by registered mail to NCO Financial Systems asking them to stop harassing phone calls. They keep records of contacts made by the company, including those made after the letter was sent and made sure to keep both the certified mail receipt of Nationalreceipt so you can verify the accuracy of their statements. When the phone has not stopped, has filed a formal complaint with the Attorney General and the Federal Trade Commission.

NCO Financial - What to do?

If NCO Financial Systems has negative accounts on your credit report, what makes you turned down for loans or credit score low, you can ask for legal help. A man contacted a law firm specializing in the banking sector and within three week beginning to see results. The law firm has helped to challenge the bill by sending a letter to each credit bureau with documentation on the debt. In your case, NCO Financial eliminate debt. Sometimes, however, asked to submit documentation the date and the date of the debt was paid, so be sure to have this information available. You may need to send to banks and once a conflict has begun.

If the> Of the debt or not, NCO Financial Systems can not legally harass about it, and after sending a letter of formal notice are legally bound to stop trying to contact you if you can not provide validation that the debt is legitimate. Even if legitimate debt, harassment is not permitted by the Fair Debt Collection Practices Act