Overview
This is the 2005 Supplement to Fair Debt Collection (5th ed. 2004) with companion cd-rom.
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There is much to say about the law counterclaims in cases of debt, and I suggest you look closely at the text of the Fair Debt Collection Practices Act the same as we consider what, if any, will bring the counterclaims. In this article, however, just want to say why they are so important counterclaims.
Why is it so important to a counterclaim?
In most jurisdictions, which is a fancy way of saying shorter and placesactor (the person filing the application) is allowed to close the case (called "redundancy") if desired. And usually whenever you want. This is not the case in federal court, where you have to ask permission, but in most state courts seem to be true. And debt cases are almost always brought in state courts.
This means that the debt collector may get tired of you and just close the case at any time.
This is great! This is exactly what we want andI have said we must go, right?
Yes, but if the debt collector simply dismissed the case, it could sue later or sell the debt to another person that you claim later, and that is definitely not cool!
Counterclaims avoid a lawsuit again!
So how to stop to close the game and re-file the claim later? To this end, the filing of a counterclaim against them. A plaintiff may dismiss the case, but notthe complaint against him.
Unless you disagree. So if you want to close the case against him, because their claims are good or not want to spend money in the game, you have to solve the case with you, or are still left to defend the counterclaim. They never do, because then you lose money in one way or another. He had been forced to pay you or your attorney (or both) - and without the ability to pick something from you. L 'worst of all worlds. It will not. Instead, you crack the case.
Therefore, a counterclaim gives you power over the complainant, maintaining at all until they decide to destroy (or "out" as it is called). The counter means you can put the harassment to end. And sometimes its counterclaim can be much more valuable to their case against him was in the first place.
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If you are deep in debt and behind on your bills, you no doubt receive regular telephone calls from debt collectors. It is important to know your rights and know that a debt collector can and can not legally do or say.
Most professional collectors follow the rules established by the Federal Fair Debt Collection Practices But occasionally, you get a call from a less professionalcollection agency that crosses the line. In fact, the Federal Trade Commission lists the complaints against debt collectors among the main complaints we receive. This sector receives more complaints from all the others put together!
Taking into account the fact that relatively few people make a formal complaint, then you realize the actual number of violations should be very high. In fact, it is a bit 'too high considering the size of the sector and the volume of accounts are in collections. Unfortunately, the situation seems to get worse instead of better.
So what if he is a victim of abuse and illegal tactics collection? First, arm yourself with knowledge. Make sure you know your rights, visit the website of the Federal Trade Commission.
A common threat is illegal and that will take your home or other property from you, but to pay the debt. If> Of the debt is secured, can not take your stuff. Now, if you do not meet your car loan, the car can be recovered. If you do not meet your mortgage, your home may go into foreclosure. However, credit card unsecured debt is not guaranteed. Only recourse they have is to take you to court and obtain a ruling against him. At that time, you may be able to decorate your bank account or wages.
Another threat is that an arrest warrant issued against him ifnot pay the bill. Again, this is beyond the power of a debt. The debt can only go to jail due to an IRS. The non-payment of unsecured debt is not a criminal offense. Is threatening to jail or charged with a crime is against the rules of the FTC.
You can ask them to stop contacting you by phone. You have the right to request that all written communications. If they can not fulfill your request, andcontinue to ask, however, they are violating federal law.
If a collector is never a phrase like: "We know where you live ..." can and should report it immediately. This can be interpreted as a threat of violence, and very, very illegal.
Other things that collectors can not do are:
When discussing your debt with third parties
Interfere with their work to call you at work
Using obscene or profane language or yelling
Noconstant and relentless phone calls
Do not respond to written disputes
Debtor's disclosure
If you feel your rights have been violated by a debt collector, what can you do? We can and must make formal complaints with the Attorney General of your state and the state of the collection agency. We can and must also file a complaint with the Federal Trade Commission. All this can be done online. You also may sue acollector harassment, abuse and rights violations.
If you are a victim of abusive collection practices, not just take. You can fight and defend their rights.
Calls from debt collectors may ruffle the feathers of the most difficult. People have changed their phone numbers and even disconnected their phones to avoid the "draft collector."
Consumers have rights. Under the Fair Debt Collection Practices Act, you can tell collectors to stop calling. Collectors prefer bother you by phone because they want to intimidate and upset. They know that many people are not aware of it FDCPSlaws to protect them. While laws differ from state library to another, there are some rules are not firmly fixed collection agencies. They can:
Harass - can be contacted 8:00 to 9:00 is just to say they are debt collectors. The use of profanity or threats is not allowed. If you know your employer disapproves, he can not contact at work. Since collectors do not usually know the rules work, you must informthis.
Lies - Collectors can not suggest that they are far from collectors. For example, which means that an employee of the state or federal government agency or a police officer. This indicates that you have committed a crime or be arrested for nonpayment is not telling the truth. debtor's prison no longer exists and can not go to jail for an unpaid debt. The exception to this would be tax and federal debts.
Unfair Employment Practices -Collectors may not threaten to take your property unless they have authority. They can send postcards (violation of privacy rights). Accept a postdated check for more than five days is illegal unless consumers are informed in advance when deposited.
What should you do if you think a creditor has taken place, deceptive, unfair or abusive practices? The FDCPA provides for the protection of consumers against unfair practices by collectors. If you decide to suea debt collector for violation of the FDCPA, would be left to judges to decide what constitutes harassment.
There are other things you should know about filing a lawsuit. You have until one year after the alleged violation to sue. If the court decides in your favor and you win, you may be entitled to compensation for damages and an amount of up to $ 1000. You may even be able to recover attorneys' fees and court costs.
Collect calls can be very stressful. But thereis a way to stop them. Just write to request that you contact most. Send your letter by certified mail, return receipt requested. After the collector receives your letter, they are not authorized to speak to you again, by mail, and can learn more efforts to collect the debt will remain, the collector can take certain actions or collector definitely take certain actions ( may or may not indicate the measures in the letter.)Stop the calls did not relieve it of its responsibility. You still have the money, and the company may pursue other collection tactics.
The best way to avoid these stressful situations is to ensure that the financial house in order. Unfortunately, it can be easy to get caught in a cycle of debt. A particular problem is common today that people are overextended with payday loan debt. Try to stay out of this debt trap, but, if foundEnjoy, learn your rights!
Collection agencies make their money by collecting a debt to one of its customers. In exchange collection agency debt collection receives a commission on the amount of money that can be recovered.
Therefore, if the issuer (collector) receives a call on an account that is not correct, do not think you can call the CA to obtain the correct item. I do not care if the information is correct or not, they just want your money ... ifIt is the duty or not.
They use various tactics to collect the debt, however, his preference is to use the phone. We will call and harass you until they find a weakness that scares you and then use it to impose a payment from you.
Another tool in their arsenal is the collection point. That letters be sent to the threats in the hope that you are scared enough to pay them. Usually do this with the threat: "If you do not pay thatlegal action. "
Automatically imply that legal action means there will be in court. In fact, demand is in every action that illegal.Although this can be very intimidating, keep in mind the limitation periods of assumed debt.
The requirement varies from state to state, but this is another factor to consider. If this is a very old debt ... it does not legally have the ability to make aCourt ... if it is within the statute of limitations, is a threat that may mean.
In general, if the debt is less than $ 1k, it is very unlikely to go through the time and money it would take to bring the matter before the courts. However, if the amount owed is in the thousands, and within the statute of limitations ... you need to know what their rights through the Fair Debt Collection Practices Act (FDCPA), andis taking a little "lighter. To know your rights under the FDCPA, please visit:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Another thing to read is the Fair Credit Reporting Act, FCRA describes the way in which to register and responsibilities of data furnishers, and responsibilities of credit bureaus. You can read about it here:
http://www.ftc.gov/os/statutes/031224fcra.pdf
I know theseare extremely boring to read, but it's in your best interest to be knowledgeable of the laws governing their status before engaging in combat with an "enemy" who knows all the rules, but not always play by them.
In my next post I will say what to do when he gets a charge call. But for now, class is dismissed, and their task is to read guidelines for FDCPA and FCRA.
DING!
(This was the starting bell)
* Class* Runs screaming from the room
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INTRODUCTION TO THE COLLECTION OF ILLEGAL voice messages
Messages from the debt collectors are a reality that has not been delivered to the collections.) Dirty Secret of the debt collectors do not want you to know is that very often violate the law (Fair Debt Collection Practices Act - FDCPA when they leave a voice message.
They know they are violating the law, but still do.
In this shortarticle we will discuss the types of voice messages that can be found illegal and what to do in response.
There are three types of voice messages that deal with illegal immigration in this article.
First, illegal threats or lies.
Second, the information of third parties.
Third, the fact out of the mini-Miranda.
Voice messages - lies or ILLEGAL THREATS OF FIRST KIND
Threats and lies are common on the phone as collectors are rather reluctant to leavethreatening message on an answering machine. Lately, we've seen the most threatening voice messages, and then maybe the collectors are increasingly bold in violation of the law.
When off the threats and the lies (which violate the FDCPA) here are some examples:
* Debt collectors say I'm with the police or district attorney's office. I recently sued creditors of exchange, a company famous for the debt that has left a voice message saying the prosecutor was a collectorof Alabama.
Collectors * to leave a message on my answering machine that a lawsuit has been filed against them when in fact they had - instead they were blatant lies.
* Attempt abusive collectors to lie about everything that can cause a payment - for example, if the collector is talking to a Hispanic person the collector is threatening to expel.
The list can go on indefinitely, but any illegal threat, or are in the first partcategory.
SECOND TYPE OF ILLEGAL voice messages - THIRD PARTY INFORMATION
, A buyer agency debt collection and law firms often leave abusive voice messages knowing that there is a possibility that people other than the debtor or consumer can listen to your messages.
answer most of the game on a speaker phone so if the debt collector says, "Mr. Consumer, you must call this debt that I owe at this time" and a neighbor or familymembers (spouses not included) listen to this, and then a third revelation occurred.
Or, if the debt collector says, "This is a debt collector and this is an attempt to collect a debt" and someone other than the spouse feels this - the law was violated. Often the children or roommates to share a phone line and voice mail (if an answering machine or voice mail from AT & T, etc) and so this is a serious and very common violation we see abusive debt collectors make.
Sometimes the collector intentionally leave a message on the answering machine of a third party in order to intimidate. These are certainly illegal as well.
ILLEGAL third type of voice - MIRANDA MINI-BAJA
Debt collectors know when to leave voice messages that have to leave the so-called "mini-Miranda", which is basically where it says "This is a message from a debt collector in an attempt to collect a> Of the debt. "
Prevents these people from lying in an abusive manner as once the purpose of their call - which shows you that the call is a debt collection.
However, many collectors refuse to comply with the law and the disclosure mini-Miranda. The reasons are many - but here are a couple.
First, support collection efforts, as it creates uncertainty in the minds of consumers as to the purpose of the notification. Iremember or not? Sometimes people feel the need to always call back to find out why they called us.
Never call a phone and leave a message and then the person called again demanding to know who you are? And 'they need to know who is calling and why it's called debt collectors who are taking advantage if you can not leave the mini-Miranda.
Secondly, it helps to prevent disclosure to third parties we mentioned above.
This is an argument for a badcollector to say you should get the hook for violating the law, which was followed by another law.
abusive debt collectors seem to think they have the absolute right to leave voice messages. They do not.
WHAT TO DO IF YOU HAVE A VOICE illegal by a collection agency
First, save the message! Recording on a digital recorder or a computer, but make sure you have a backup answering machine illegal.
Second,Contact a lawyer with experience of consumers in your area to see if you have a case so you know what your options are. When I meet people who listen to your situation and then explain the good and bad of each option so they can make an informed decision.
Third, if you have a case, then to take action against the collector, so that others will be spared the abuse of this debt collection agency illegal.
CONCLUSION
Most voicemail debtcollectors violate the law. Have the skills needed to recognize this fact, the desire to save messages, and follow through to meet a consumer advocate to see if you are suing in their interests is fundamental. You, the determination of knowledge, and follow so you can help stop collectors harassing you in an abusive manner.
Debt collectors may start with their harassing calls but the law protects you in several ways. Know your rights, you can fight back.
Even if a debt collector has the right to pursue different collection methods, the tactics of intimidation, some are illegal and you can always take legal action against them whenever they break the law. Dealing with debt collectors can be very stressful, but if you know how to protect yourself you can get someease.
The Debt Collection Practices Act Fair
This law protects consumers from unfair methods or harassment by debt collectors. You must understand that this law applies to collection agencies (and not the original creditor). So every time you are contacted by a debt collector, the following information should be presented:
Debt collectors must identify themselves, their agency,original creditor name and amount due. You can challenge that amount within 30 days and rightfully demand that they stop contacting you if you have already deleted or if the debt is illegitimate. Through a letter from the contact high you can ask them to stop calling and sending letters. After that, you can call and inform him that they have decided to discontinue the collection cause.
Illegal practices
E 'illegal for collectors to make phone calls before 8 am or after 9:00 pm. In addition, you can not call a friend or neighbor or workplace. It is also strictly forbidden to call the employer or use the work as a means to intimidate in any way.
It is also forbidden to threaten seizure or detention of property, personal injury or any other illegal or aggressive intimidation. Furthermore, the useProfanity is prohibited from any disrespectful language or method of collection.
A common practice is forbidden by law is to contact a third party to find. When discussing your debt with friends, family, employers, your, your spouse and the attorney-debtor debt collectors are incurring cooperation in illegal activity prohibited by the Fair Debt Collection Practices Act and "not able to publishmail like legal documents or requests for payment by wire, express mail or credit card.
Their defense weapons
The FDCPA gives you the right to tell debt collectors to stop contact (even if they are breaking the law) through a letter from the agency to cease all communications with you. All agency employees are not allowed to get in touch, except to inform that collection efforts have ended or if you're going to sue.
DocumentMisconduct, if a debt collector violates the law, document every detail of the rape in particular, immediately, time and witnesses. Have another person present during all future communications with the collector. Some states permit recording telephone conversations without debt collector of knowledge. Others consider this illegal.
One complaint: a complaint with the Federal Trade Commission (FTC), which oversees collection agencies.Send a complaint form or letter with the collection agencies name, address, collectors name, dates and hours of conversations, names of witnesses, and copies of the offending materials you received. To protect your control can cancel the debt.
Sue the collector: A victim of abusive behavior, can sue the collection agency, but only if you have an extreme case. You can change the order of the small claims court or hire a lawyer,but their participation could add costs. You are entitled to (unrelated to actual losses) up to $ 1,000 for each violation of the FDCPA.
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This year, America’s enormous debt collection industry will make 1,000,000,000 collection calls. They will threaten. Lie. Mislead. Intimidate. Award-winning reporter Fred Williams went “undercover” inside one of its largest firms. Now, he reveals everything he learned—and shows exactly how to fight back and protect your rights.
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“West's Encyclopedia of American Law” is 13 volumes and 5,000 entries of comprehensive information on the fascinating American Legal System and its components. Covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law, West’s has been written, updated, and reviewed by lawyers and professors with the everyday user in mind. Everyone from the layperson hooked on the weekly TV courtroom procedural to the serious student can find such valuable information as brief definitions of legal jargon, exhaustive examinations of courtroom procedure, explanations of complex topics such as civil rights, biographies of standout attorneys, analyses of controversial issues, and transcripts of crucial Supreme Court decisions.
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“West's Encyclopedia of American Law” is 13 volumes and 5,000 entries of comprehensive information on the fascinating American Legal System and its components. Covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law, West’s has been written, updated, and reviewed by lawyers and professors with the everyday user in mind. Everyone from the layperson hooked on the weekly TV courtroom procedural to the serious student can find such valuable information as brief definitions of legal jargon, exhaustive examinations of courtroom procedure, explanations of complex topics such as civil rights, biographies of standout attorneys, analyses of controversial issues, and transcripts of crucial Supreme Court decisions.
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If you were a victim of illegal debt collection, it is important to consult an attorney debt fair. Equally important, however, is to file a complaint with the Federal Trade Commission, or toll-free number to call or Use the online complaint form. According to the Fair Debt Collection Practices Act, the Federal Trade Commission is obliged to report to Congress each yearAgency efforts to protect consumers from illegal practices of debt collection. The FTC recently released the 2011 report highlights a worrying trend the number of complaints against collection agencies debt continues its upward trajectory.
The FTC receives more complaints about debt collection industry that any other industry. In general, the number of complaints against all types of collectors (both at home andthird party) has increased. The FTC received 140,036 complaints in 2010, up from the 119,609 received in 2009. Moreover, claims that represented 27 percent of all complaints received, compared with 22.8 percent in 2009.
However, complaints against the house of debt (those who are employed by an original creditor) pale in comparison to debt collectors against third parties (those who collect on behalf oforiginal creditor or collect on behalf of purchasers of the debt). The FTC received 108,997 complaints from manufacturers collectors third in 2010, up from 2009 to 88,326 complaints. Complaints about third-party collectors accounted for 21 percent of all complaints to the FTC, which include a variety of industries. These are big numbers.
The report also refers to the specific conduct prohibited by the Fair Debt Collection Practices Act andData on the number of complaints each. Because some consumers are victims of more than one type of illegal behavior, the FTC may report alleged multiple violations for each claim. The number of complaints in 2010 (and 2009) has repeatedly called consumers on an ongoing basis. A total 49.7 percent of the complaints were about harassment debt collector on the phone. The rest of harassment were on the use of offensive or profane language, calling before08:00 or after 09:00, or collectors threaten to use violence. This last category of complaints is very worrying that the number of reports of allegations of violence threat of 2,519 spent in 2009 to 4,182 in 2010.
Another FDCPA violation category has to do with debt collectors trying to collect more money owed. The FTC reports that 30.4 percent of complaints related to collectors FDCPA "misrepresenting the amount, character or legal status a debt "and that this was the second most frequent complaint. In addition, 10,614 complaints about the grope collectors to charge interest and fees that are owed.
In addition, the FTC received 32.477 complaints that collection agencies did not send consumers a written notice stating the amount owed and the creditor who was owed. Above all, the written notice must inform the consumer that he or she has 30 days to challenge the> Debt written. If the consumer is not aware of their rights to dispute a debt, close the window of opportunity, and the consumer is in an untenable position.
This is only the tip of the proverbial iceberg. The FTC is required to track the number of consumer complaints against debt collection agencies and complaints using as a basis for intervention in order to make their voices heard. In doing so, you are helping to prevent other consumers to beVictims of unscrupulous debt collectors.
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