Consumer Financial Protection Efforts: Answers Needed (Part 1 of 2)

Consumer Financial Protection Efforts: Answers Needed (Part 1 of 2) - House Oversight - 2011-07-14 - House Committee on Oversight and Government Reform. Witnesses Elizabeth Warren, Assistant to the President, and Special Adviser to the Secretary of the Treasury. Video provided by US House of Representatives.

Concepts Of Deficits And FRBM Act, 2003

Q1. Write a note on concepts of deficits and their trends.

Ans. CONCEPTS OF DEFICITS:

• INTRODUCTION:

A public budget is a systematic estimate of government's revenue and expenditure for a period of one year. It shows the planned expenditure of the government and the expected revenue from taxes and other sources during a given year. A public budget can be balanced, surplus or deficit. A deficit in a budget indicates excess of expenditure over receipts.

• CONCEPTS:

In India, the budget has always shown deficit. A deficit in the budget has many implications for the economy and it influences the process of policy making. The followings are the various concepts of deficits and their changing trends in India.

1) REVENUE DEFICIT:

Revenue deficit takes place when revenue expenditure exceeds revenue receipts. Revenue receipts comprises of direct and indirect taxes, fees, fines, and surpluses of public enterprises, etc. Revenue expenditure is the expenditure incurred on administration, defence, interest payments and subsidies.

Trends:

The Government of India has shown the following trends in Revenue Deficit:

Yr. Rs. ( in crores) % of GDP
1990-91 18,562 3.3
2007-08 52,569 1.1
2009-10 2,82,735 4.6

Revenue deficit has increased to a great extent since 1990-91. The major reason for this increase can be attributed to increase in INTEREST PAYMENTS and SUBSIDIES. In 2007-08 the revenue deficit in terms of % of GDP declined.

However, in 2008-2009 and 2009-2010 revenue deficit rose significantly (both in absolute terms and in terms of % of GDP) to overcome the problem of economic slow down.

2) BUDGET DEFICIT:

Budget deficit is the excess of total budget expenditure over total budget receipts.
Both, revenue and capital expenditure and receipts are taken into consideration.
However, the concept of budget deficit has lost its significance since 1997-98.

3) FISCAL DEFICIT:

Fiscal deficit (FD) occurs when total expenditure (TE) including net lending (NL) exceeds revenue receipts (RR)+ external grants (EG) + non debt capital receipts (NDCR). Thus fiscal deficit can be explained as:
FD = (TE + NL) - ( RR + EG + NDCR).

Where:

FD = Fiscal deficit, TE = total expenditure, NL = net lending ( loans - recovery ), RR = revenue receipts, EG = external grants, NDCR = non debt capital receipt (proceeds from disinvestment of public sector enterprises )

Also, fiscal deficit can be:

• Gross Fiscal deficit = (TE+NL) - ( RR + EG + NDCR)
• Net Fiscal deficit = GFD - NL.

Trends in Gross Fiscal Deficit:

Yr. Rs. ( in crores ) % of GDP
1990-91 37,606 6.6
2007-2008 1,26,912 2.6
2009-10 4,00,996 6.5

Fiscal deficit reflects the indebtedness of the government more comprehensively has been since 1991, the Government making attempts to reduce fiscal deficits. However, the fiscal deficit continued to rise till 2001-02.

Since 2001-02, GFD as q % of GDP began to decline as a result of the governments efforts.

Again in 2008-09, due to global economic slowdown, public expenditure increased significantly to boost growth rate.

4) Primary Deficit:

Primary Deficit is equal to fiscal deficit minus interest payments.

It can be divided into

• Gross Primary Deficit = GFD - interest payments.
• Net Primary Deficit = NFD - interest payments.

Trends:

Yr. Rs. ( in crore ) % of GDP
1990-91 16, 108 2.8
2006-07 -7,699 -0.2
2009-10 175485 2.8

This indicates that the Government has been making efforts to bring down the fiscal deficit. However huge amount of interest payments and economic slowdown in 2008-09. Obstructed these efforts.

Q 2. Critically evaluate the FRBM Act, 2003.

Ans. FISCAL RESPONSIBILITY AND BUDGET MANAGEMENT ACT, 2003. ( FRBM ACT, 2003)

• INTRODUCTION:

The Fiscal responsibility and Budget management Bill was introduced in the parliament in December 2000, with the primary objective of reducing the debts and deficits of the central Government.

The FRBM bill became an Act on August 26, 2003 and it was brought into force on July 5, 2004.

• OBJECTIVES:

The following are the main objectives of the FRBM Act, 2003.

1) To set a limit on the governments borrowings.
2) To bring down fiscal deficits.
3) To adopt prudent debt management techniques to reduce the burden of debt payment on future generations.
4) To generate revenue surplus.
5) To ensure long term macro-economic stability.
6) To improve transparency in the fiscal operations of the Government.

• FEATURES:

The following are the main features of the FRBM Act, 2003 and the FRBM Rules, 2004:

1) FISCAL DEFICIT:

The FRBM Rules, 2004 stipulate that the central Government must take appropriate measures to reduce the fiscal deficit by 0.3% or more of GDP at the end of each financial year, beginning with 2004-2005, so that the fiscal deficit is less than 3% of the GDP by the end of 2008-2009.

1) REVENUE DEFICIT: The FRBM Rules, 2004 stipulate that the central Government must take appropriate measures to reduce the revenue deficit by an amount of 0.5% or more of the GDP at the end of each financial year, beginning with 2004-2005.

The FRBM Act, 2003, stipulates that the Central Government must take appropriate measures to eliminate the revenue deficit by 2008-2009, and there after build up adequate revenue surplus.

2) ADDITIONAL LIABILITIES

The FRBM Rules, 2004 stipulate that the Central Government should limit additional liabilities ( including external debt at current exchange rate) to 9% of GDP in 2004-2005 and progressively reduce this limit by at least one percentage point of the GDP in each subsequent year.

3) BORROWINGS FROM THE RBI:

The FRBM Act, 2003 stipulates that the Central Government is not to borrow directly from the RBI except by way of advances to meet temporary shortage of cash.

4) GOVERNMENT GUARANTEES:

The Government should not provide guarantees to loans borrowed by the state Government and public sector enterprises in excess of 0.5% of GDP in any financial year beginning with 2004-2005.

5) RELAXATION IN DEFICIT REDUCTION TARGETS:

The FRBM Act states that the revenue and fiscal deficit may be more than the target specified in the Rules, only on grounds of national security and national calamity or other exceptional grounds as may be specified by the Central Government.

6) FISCAL INDICATORS:

The FRBM Rules, 2004 states that the Central Government should specify four fiscal indicators to be projected in the medium term fiscal policy statement:

• Revenue deficit as a percentage of GDP
• Fiscal deficit as a percentage of GDP
• Tax revenue as a percentage of GDP
• Total outstanding liabilities as a percentage of GDP

7) QUATERLY REVIEWS:

The FRBM Act states that the finance Minister should conduct quarterly reviews of receipts and expenditure in relation to the budget and place the outcome of these reviews before the parliament. Moreover, he must make a statement in the Parliament explaining the reasons for deviations from the FRBM Act targets and also announce the corrective measures that are proposed to be taken inorder to overcome these deviations.

8) TRANSPARENCY:

The FRBM Act states that the Government should reform accounting system, improve fiscal transparency, disclose information on revenue arrears, guarantees and assets latest by 2006-07.

9) PLACING OF REPORTS:

The FRBM Act requires that three reports be placed before both the houses of the parliament every financial year:

• Macro-economic framework statement
• Fiscal Policy Strategy Statement
• Medium term Fiscal Policy Statement
• CRITICAL EVALUATION:

The FRBM Act has been criticized on the following grounds:

1) UNFULFILLED TARGETS:

The FRBM Act required the government to reduce revenue deficit to zero by March 2009. However, the revenue deficit increased to 4.4% of GDP in 2008-09 and to 4.6% in 2009-10. Thus, critics point out that target set for deficit reduction are unrealistic.

2) DEFECTIVE ASSUMPTIONS:

The FRBM Act is based on the following assumptions:

Lower fiscal deficit leads to higher economic growth in the long run.
Larger fiscal deficit leads to inflation
Larger fiscal deficit leads to balance of payment problems.

Economists like C.P. chandrashekhar and Jayati Ghosh object to such assumptions. They state that if fiscal deficit is large due to large capital expenditure on infrastructure, then it will generate employment and demand for goods and service will rise, resulting in economic growth.

Inflation occurs when demand is greater than supply, irrespective of fiscal deficit. Moreover, if large fiscal deficit is backed by large foreign exchange, it may not cause external sector problems.

3) EFFECT ON ECONOMIC DEVELOPMENT:

At present, the amount of capital expenditure by the Government is very low. Capital Expenditure increase the efficiency and productivity of private investment and thus contribute to the development process in the country.

Since 1991, the capital expenditure GDP ratio has been declining. This will have a negative effect on economic development.

4) NEGLECT OF SOCIAL SECTOR:

If the government reduces social sector expenditure on education, health and family welfare, it will adversely affect human development.

This will have a negative impact on growth and development

5) IMPACT ON EQUITY:

Equity is the fair a just distribution of income among all the citizens of the nation. Some critics believe that FRBM Act will harm equity they argue that the government will reduce expenditure on subsidies with a view to control fiscal deficit.
This will lead to social injustice.

6) SIGNIFICANCE OF REVENUE IGNOREO:

The FRBM Act over emphasizes reduction in public expenditure and ignores importance of revenues. Deficits can be controlled if collection of tax and non -tax revenues is improved.

7) PRIVATE INVESTMENTS:

Economists argue that if capital expenditure on infrastructure is reduced, it will have a negative impact on private investment due to decline in productive efficiency.

This will adversely effect economic growth.

8) SUBSIDIES:

Subsidies form a very large part of the government's revenue expenditure. However, in reality, it is a wasteful expenditure because many times subsidies benefit those who do not need them leg rich farmers. This limits the effectiveness of FRBM Act.

9) QUASI - DEFICITS IGNORED:

Fiscal deficit is not a complete indicator of the Government's liabilities. Some PSU receive hidden subsidies from the Government but they are not shown in the budget. These subsidies are indeed liabilities of the government and are known as quasi - deficits. These liabilities are very large, but they are beyond the scope of FRBM Act.

• CONCLUSION:

In spite of all the above criticisms, the FRBM Act, 2003 is an important step taken by the Government for better management of its financial operations.

Also, the FRBM Act need not necessarily affect the economic and social development of the nation.

DEBT COLLECTIONS AND INTERNATIONAL LEGAL RECOVERY SERVICES

DEBT COLLECTIONS AND INTERNATIONAL LEGAL RECOVERY SERVICES: International and Local Business Debt Recoveries, National and International Debt Recovery in General, Government Trade and Commercial Debt Collection, Personal and Small Business Debt Collection, Global Sports Collections for Athletes and Artists, Cross-Border and Multinational Debt Collections, Enforcement of Foreign and Domestic Judgments, Enforcement of Arbitral Awards, Creditor and Debtor Legal Representation, Opinions on Collectability of a Claim, Judgment or Arbitral Award, Mediation Representation, Court Litigation and Administrative Agency Representation, Tax Implications on Debt Collection Recoveries, Legal Recovery of Monies owed around the World by Merchants

Cyberethics (Information System Ethics)

In order to examine ethical issues, it is first necessary to define ethics. Today, we regard ethics as a "rational process founded on certain principles." However, I believe a definition that is more applicable to this project is the ethical theory that existed in ancient Greece. There, ethics was the study of what was good for both the individual and society. We will look at some online issues and how they may be good and/or bad for society. Cyberethics is quite simply the study of ethics on the Internet.
"Ethics begins when elements within a moral system conflict."
Cyberethics is often called as Information System Ethics. Information System ethics can be defined as "The study of moral, legal, ethical issues involving the use of information and communication technologies"
There are many unique challenges we face in this age of information. They stem from the nature of information itself. Information is the means through which the mind expands and increases its capacity to achieve its goals, often as the result of an input from another mind. Thus, information forms the intellectual capital from which human beings craft their lives and secure dignity.

However, the building of intellectual capital is vulnerable in many ways. For example, people's intellectual capital is impaired whenever they lose their personal information without being compensated for it, when they are precluded access to information which is of value to them, when they have revealed information they hold intimate, or when they find out that the information upon which their living depends is in error. The social contract among people in the information age must deal with these threats to human dignity. The ethical issues involved are many and varied in Information System Ethics.

Ethics is required in information Systems to overcome the following ethical issues.

Privacy: What information about one's self or one's associations must a person reveal to others, under what conditions and with what safeguards? What things can people keep to themselves and not be forced to reveal to others?

Accuracy: Who is responsible for the authenticity, fidelity and accuracy of information? Similarly, who is to be held accountable for errors in information and how is the injured party to be made whole?

Property: Who owns information? What are the just and fair prices for its exchange? Who owns the channels, especially the airways, through which information is transmitted? How should access to this scarce resource be allocated?

Accessibility: What information does a person or an organization have a right or a privilege to obtain, under what conditions and with what safeguards?

Information System ethics explores and evaluates:

o the development of moral values in the information field,

o the creation of new power structures in the information field, information myths,

o hidden contradictions and intentionality's in information theories and practices,

o the development of ethical conflicts in the information field. etc

Now let us take a look at privacy by the following examples. A few years ago, Florida lawmakers gave the go ahead to have monitors stationed in bathrooms at Tallahassee Community College to determine if the facilities were being underutilized. Students and faculty vehemently protested that the monitors violated their privacy. State officials said that the value of the information gained through the study was more important than the threat to privacy. Other issues like collection of private data of the users using internet by monitoring the traffic is strongly related to one's policy as that information can be further used for illegal purposes. These types of privacy issues are needed to be addressed properly so that they should not exploit one's freedom. One issue that I kept thinking about when I was constructing my Web page was whether it was ethical to lift an image from someone's home page and use it on my Web page without crediting the source. Such ethical issues come under property.

One reason that topics such as online gambling and pornography have become such firestorms of controversy in cyberspace is the simple fact that so many people have access to the Web sites. Simply put, if no one had access to online pornography no one would care. With this another issue "Censorship" comes which should be deal in efficient way as it is not easy to implement. Ethical issues can also be religious, moral or any other.These type of issues are not easy to deal with.

Similarly, let us take China into consideration on the issue of "Censorship". China has implemented the methods of censoring the internet that are somewhat harder to bypass for people generally unfamiliar with the way internet works. There is ,for example internet censorship as implemented in China--using a list of banned words that are censored on the fly. As users in china request a webpage , the incoming page is first inspected by government servers n blocked if a banned term such as "Democracy" is present. Human censors are also actively looking at what people browse on the internet, and block websites as they see fit.

Crimes on internet are also increasing in a continuous manner.Computer crime is a general term that embraces such crimes as phishing, credit card frauds, bank robbery, Industrial espionage, child porn, kidnapping children via chat rooms, scams, cyber terrorism, viruses, spam and so on. All such crimes are computer related and facilitated crimes. Many recent cases seen like Microsoft's website was brought down for a little time resulting in a huge loss to Microsoft. Similarly, NUST, one of the best considered university in Pakistan got Hacked and redirected to another domain. Credit card fraud have grown in an increasingly manner. Leakage of Military information from internet is another internet crime. Software known as google earth, which shows information about different places including military land or can lead to robbery planning, is becoming an ethical issue around the world. Many people protest against this leakage of information but still one can't deny that it is one of the major enhancements in Information Technology.

The question about how to police these crimes has already been constructed, but this task is turning out to be an uphill battle. Since the first computer crime law, the Counterfeit Access Device and Computer Fraud and Abuse Act of 1984, the governments have been trying to track down and stop online criminals. The FBI of different countries have tried many programs and investigations in order to deter Internet crime, like creating an online crime registry for employers .The reality is that Internet criminals are rarely caught. One reason is that hackers will use one computer in one country to hack another computer in another country. And that criminal isn't working alone. Loosely organized groups--which security experts call "Web gangs"--conduct much of the illegal activity online. The structure of Web gangs may be patterned on that of traditional organized crime, in which the members of the group may never come into contact with one another and may never be aware of who they are working for.

Conclusion:

We live in an exciting time in history. The widespread availability of computers and Internet connections provides unprecedented opportunities to communicate and learn. Unfortunately, although most people use the Internet as a powerful and beneficial tool for communication and education, some individuals exploit the power of the Internet for criminal or terrorist purposes.

We can minimize the harm that such individuals do by learning ourselves, and teaching young people, how to use the Internet safely and responsibly. The term "cyberethics" refers to a code of safe and responsible behavior for the Internet community. Practicing good cyberethics involves understanding the risks of harmful and illegal behavior online and learning how to protect ourselves, and other Internet users, from such behavior. It also involves teaching young people, who may not realize the potential for harm to themselves and others, how to use the Internet safely and responsibly.

YYCCC 2011-02-07 Calgary City Council - Airport Underpass - Feb 7, 2011

Debate over Calgary Airport Underpass, which was passed 8-7. Care about the environment, economy, or just love technology? Check out my documentary about the Liquid Fluoride Thorium Reactor! ThoriumRemix.com www.youtube.com

Who Can Garnish Wages?

Who can garnish wages is virtually unlimited. Anyone that has obtained a judgment against you can enforce or collect on the judgment by garnishing your wages unless it is the Internal Revenue Service or Franchise Tax Board. From a taxing authority you will receive a notice of levy and if you do not respond they will garnish your wages without obtaining a judgment. Your wages can also be garnished under rare circumstances if you have agreed to a wage assignment, which is different then wage garnishment.

All other parties must sue you by filing a complaint and serving you with the summons and complaint. Once served has been made the party can then obtain a judgment against you. If you ignore the complaint the party will be able to request entry of the judgment by default. If you choose to answer the complaint the party suing you will next be able to obtain a judgment by filing a motion for summary judgment by the court. If your debt and lawsuit are the result of a breach of contract like not paying a credit card company you will have very few defenses and they will most likely obtain a judgment against you.

Once the judgment is entered the next step is to enforce the judgment. Just because a party has obtained a judgment against does not necessarily mean they will spend more money to go through the process of enforcing the judgment. To enforce the judgment they can garnish your wages, levy on your bank accounts and record the judgment with the county in which you live hoping it will attach to any real property you may own.

If your wages are garnished you can file an exemption to reduce the amount that can be garnished each paycheck and even stop the garnishment altogether depending upon your circumstances. Filing bankruptcy will stop the garnishment of your wages and depending upon the circumstances get rid of the judgment forever too. Bankruptcy is not the only answer, but for many it is the permanent solution to making sure the enforcement of the judgment does not continue.

Many collection agencies improperly tell people that they are going to garnish their wages without having obtained a judgment in an attempt receive a payment. This could be a violation of the Fair Debt Collection Practices Act and any contact with the collection agency should be documented for future prosecution if it continues.

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Debt Collection Agencies - First Contact 1

www.consumeractiongroup.co.uk This is the first part of the fifth video in a series of five looking at how best to deal with debt collection agencies. This is how make the initial contact with these "people".

Commercial Debt Collection Interview

Burt and Associates Jerry Curtis CEO interviews a customer concerning debt collection issues of today

TFA - Skip Tracing Tip #16 w/ Ron Brown

www.TFAGuide.com Ron Brown, Chairman of the TFA Board of Directors, provides a useful skip tracing tip.

You're Not Stuck with Your First Answer! You Can Amend

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TFA - Skip Tracing Tip #22 w/ Ron Brown

www.TFAGuide.com Ron Brown, Chairman of the TFA Board of Directors, provides a useful skip tracing tip.

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What Happens If I Don't Pay My Credit Card Bills?

When facing amassing credit card debt, it is not uncommon for many individuals to ask "Why pay my credit card bills?" Granted, while this option is there and it may give you some extra cash for a few months, here are a few of the major repercussions you might be facing should you decide to go delinquent on your monthly payments:

1. Creditor/Collection Calls:

This might be the worst part of a delinquent debt-the constant calls from creditors demanding their money. Collectors have been known to call 8-10 times a day, at home, at work, on your cell phone. And these are the ones who follow the rules. Creditors have been reported to speak to bosses, neighbors, and family members (which of course is illegal). Once they get you on the phone they can be even worse. They use a number of psychological techniques to demean you and force you to give them checking account numbers or other bank information. In other words, they will do anything they can to make you pay. (Please keep in mind that your rights are protected by the Federal Trade Commission. To find out more information, please consult the Fair Debt Collection Practices Act.)

2. Damaged Credit Score:

Creditors will begin to report missed payments to credit bureaus which will inevitability have an affect on your credit score. These marks can be removed once a settlement is reached or payments are made.

3. Interest/Late Fees/Over-the-limit fees:

Not paying does not mean that interest will stop accruing. Once you go delinquent, many creditors will immediately raise your interest rate to the highest possible interest rate, about 30%. In addition, they will charge late fee penalties ranging between $30-50, and if your balance exceeds the credit limit, they are more than happy to tack on over-the-limit fees.

4. Legal Action:

Eventually, if a debt becomes very delinquent, a creditor may opt to take legal action which can result in liens, garnished wages, or other legal judgements requiring you to pay your debt. However, this is typically a long and complicated process that companies would like to avoid. Nevertheless, it does happen.

If you are considering not paying your credit card bills, it may be the perfect time to considering professional help. There are a number of financial companies that can help you find a Credit Card Debt Relief solution to your financial dilemmas. Why wait? Contact one today, as the first step in finding a solution to your economical problems is usually asking for help.

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Our Wildlife - People and the Fauna of the American West

(With an emphasis on the Southwest and Arizona's Mogollon Rim, and the significance of these animals to the indigenous cultures of the West)

Part I.)

Introduction:

Throughout the nineteenth century, the American West was the destination of an astoundingly tremendous number of people: The east experienced an economic recession in 1837 that prompted many pioneers to head west, looking for better opportunities and a new life; gold was discovered in California in 1848, and when the rumor spread the following year, the "'49ers" flocked to the goldfields there, in what has been said to have been the largest human migration since the Crusades; then, after the Civil War ended in 1865, many disenfranchised Southerners decided to leave their devastated homelands and head in the same direction as the pioneers and prospectors before them.

It all began in earnest at the beginning of that century, after the Louisiana Purchase of 1803 and the subsequent Lewis and Clark expedition (1804-1806). This 'Corp of Discovery' was launched to assess and take inventory of this 828,800 square mile tract of United States land newly acquired from France, most of which had not been documented (and also to keep foreign interests such as England from intruding by establishing an American presence upon it). One of the major tasks assigned to them was to record and classify what would prove to be an amazing array of animals previously unknown to science, which then President Thomas Jefferson had a passionate interest in.

The later arrivals were arguably just as impressed by both the creatures themselves and their shear, incredible numbers; the bison herds were especially impressive in the latter sense.

Unfortunately, while the waves of newcomers were indeed awed by these animals, these very same people were actively and rapidly depopulating the wildlife. Many of these populations, such as the bison, beaver and wolf, have never entirely recovered.

Yet these new emigrants were not the only ones to blame for this devastatingly severe reduction in the numbers of these species. In fact, the Native American Indians became involved and were also actively participating in the devastation. Many of 'The People', as they have commonly called themselves, had become increasingly dependent upon trade goods and thus more indebted to the traders; the latter reacted by demanding more pelts and hides from the former, in exchange for debt relief and items the Natives couldn't manufacture themselves nor acquire elsewhere.

Most people usually think of the Great Plains horse culture when they think of the indigenous people of the West. Yet, there are other cultural regions in the American West, each with it's own unique customs, languages, cosmologies, stories, ceremonies, and spiritual practices. Furthermore, within each region is a variety of groups, whose diverse customs were and are similar, but not exactly the same.

In the traditional beliefs and world-views of The People, the animals all around them have been perceived as being spiritually potent, each creature possessing their own unique and individual powers.

The region now known as the American Southwest is rich in both native fauna and the diverse habitats of this wildlife, in spite of the ecological destruction of the past and, unfortunately, also that which continues to some extent into the present. Despite popular opinion, this area is not merely barren desert, but includes a wide variety of different environments; even the deserts aren't the wasteland that people might believe them to be, differing greatly from each other in their diversity. There are, in fact, forests and other ecological zones in the great Southwest.

Interestingly, the largest Ponderosa Pine forest on earth, at over 3.9 million acres, is located in Arizona, the very state with an undeserved reputation of being absolutely nothing but cactus, sand and heat. This conifer forest is found in the North-Central part of the Grand Canyon State, along the base of the Mogollon Rim, which is the southern boundary of the130,000 square mile Colorado Plateau. Geologists say that the Rim was created by seismic uplift 600 million years ago, along with the forces of erosion.

The Ponderosa Pine habitat along the 200 mile long Rim stretches from the vicinity of Flagstaff in the west all the way to the White Mountains far to the east. Within these woods are forests within forests, including the increasingly rare riparian, or stream-side woodland, habitats. There is also the mixed forests of comparatively small Pinyon Pines and Juniper which encroach upon, and intermingle with, the giant evergreens. The predominate, great Ponderosa Pines can grow to an average height of 165 feet tall and four feet in diameter when fully mature. Immature Ponderosas are blackish, but the bark turns to more of a rust color once they reach maturity, which can be up to four inches thick.

Although the Southwest may not be entirely desert, this reputation is somewhat justified. The aforementioned state of Arizona is two-thirds desert, only a third of it comprised of other environments such as the forests described above. The Grand Canyon state itself is the only one in the country where four deserts converge: the Sonoran Desert in the south; the Mojave in the west; the Great Basin Desert in the northwest; and a portion of the Chihuahuan in the far southeast corner of the state, most of which is in present-day Mexico. But whether desert, conifer forests or streams, this all adds up to a great abundance of wildlife habitat, not only in Arizona, but all throughout the entire, immense Southwest.

The term 'animal' doesn't only include fur-bearing mammals, but is used to classify any living thing from an the tiniest insect to a fully mature, male Blue Whale. There are approximately an astounding two million animal species worldwide; Arizona alone has an estimated 900 different varieties of wildlife.

Animals are divided into two main groups. The first are the numerous invertebrates, which lack backbones, and would include anything from a worm to an insect. Vertebrates, then, are the group of animals that do possess spinal columns, any creature from fish to mammals. In total, there are estimated to be only 43,000 species of animals with backbones on the planet. This is a fraction of the life on earth when compared to the various types of invertebrates such as insects.

Mammals, such as bears and us humans, are what most people think of when they think of animals. These two terms are often used interchangeably. But while all mammals are animals, not every animal is necessarily a mammal, since there other types of animals ranging from insects to birds. Typically, mammals are fur-bearing, maintain a constant body temperature (a condition commonly known as being 'warm-blooded'), with the females giving live birth and producing milk for their young. This is unlike, if not the opposite of, other animal groups, such as reptiles for example.

One way to categorize mammals is by their different behaviors and habits. A very common behavioral trait among many mammals is nocturnal activity, meaning that they are primarily, although not necessarily exclusively, active at night. A nocturnal mammal usually depends more on their senses of smell and hearing than sight. These animals have adapted such acute senses not only because of the darkness, since many do actually have night-vision, but also because sounds and scents travel better on the cooler, damper nighttime air. Most mammals are nocturnal, including some of us humans, such as the majority of us living in a college town, for example...

Humans and a few other mammals are diurnal, meaning that they are primarily active during the daytime. These are a minority, however, and in the Southwest would include coyotes, squirrels and chipmunks, the majority of people with the exception of college students, and few if any others. Most birds, incidently, are diurnal too, with owls being the most notable exception.

A third type of behavior is crepuscular, a less well-known but common habit among mammals. This term simply means that the animal is most active at dawn and dusk, which is sensible because temperatures are usually more moderate and less extreme at these intermediate times of day. Many of the Southwestern High-Country wildlife demonstrates this behavior, such as elk, deer and even coyotes sometimes.

Although not an everyday year-round habit like those mentioned above, some mammals hibernate. This winter behavior isn't really sleep in the usual sense, but is more like a very deep sleep or stasis, almost like a coma state; most people are less familiar with the opposite term, 'estivation', a summer stasis practiced by creatures who bury themselves during the hot, dry months, such as the Sonoran Toad. The raccoon is said to be a partial hibernator, as is the first animal to be discussed here. Many assume this creature hibernates throughout the entire winter, but typically doesn't:

Black Bear, Ursus americanus:

'Black Bear' is only this animal's common name; Ursus americanus can be found in colors ranging from blonde to cinnamon to various shades of brown, as well as black. There is even said to be a white 'Black' Bear in Western Canada; this 'Spirit Bear' represents power and prestige to the Coast Salish people of the region.

Approximately five feet long, three feet high and up to 300 pounds or more, the crepuscular Black Bear is actually the smallest of the bears native to North America and the only one now found in the wild Southwest. These other bears include the much larger Grizzlies (up to 850 lbs.), Polar Bears (600 - 1,1,00 lbs.), and Kodiaks, or Alaskan Brown Bears (up to 1,500 lbs.)

Like the Black Bear, Grizzlies have been culturally significant to Native American Indians. The Nootka, or Nuu Chal Nulth, a Northwest Coast people of Vancouver Island, Canada, would personify this bear during their annual Winter Dance ceremony. The Grizzlies once occupied and competed for the same territory as the Black Bear, but Grizzly Bears have been eradicated from much of their former range. It is, significantly, a Grizzly that is depicted on the California State flag, a state where none of them roam in the wild anymore; this is also true of most other western states, with Montana and Alaska being notable exceptions. Black Bears, however, have adapted and survived.

Even at such a relatively large size when compared to many other animals, the Black Bear can run at speeds of up to thirty miles per hour. This is due in part to the fact that these bears are structured much like humans, since their hind limbs are longer than their front limbs, giving them extra torque. This also makes them excellent climbers and better at running uphill than down. Their one-and-a-half inch long claws also help with their climbing ability, not to mention making them rather dangerous. Remember: "If you're too close, it's too late!" Yet despite their dangerously long claws and fangs, these bears are, surprisingly, mostly vegetarian.

The males are known as 'boars' and females as 'sows'. Like some humans, male and female Black Bears only tolerate each other during breeding. Both sexes only partially hibernate, as previously mentioned and despite popular opinion to the contrary. They will spend about three months of the winter in their dens instead of the full six or more, living off of their own accumulated body fat during this time.

In the Athabascan language of the Southwestern Apache, the Black Bear is known as maba. Among American Indian cultures of the West in general, the Black Bear is traditionally believed to have healing powers, or spiritual 'Medicine'. This is probably because of the bear's alleged ability to know exactly which medicinal plants to eat when they are sick. The Zuni of New Mexico, for example, still carve stone figures popularly known as 'fetishes', said to actually possess something of the spirit and characteristics of the animals they depict. The bear is known to the Zuni as 'Clumsy Foot', the animal of the Blue West, whose fetish has been used to promote healing. Among certain Pueblo people, of whom the Zuni are one of many, bear paws would be used in curing rites. The Omaha and Pawnee people of the Plains were known to have had elite Bear Societies, with membership restricted only to those who had dreams and/or visions of bears. These members were not only warriors, but were also said to have been great healers, as one might expect of a group named after the bear.

The Pomo people still reside in the northern coastal region of California, and they were once tormented by 'Bear Doctors'. These individuals were said to be possessed by the spirit of the bear and would wear entire bearskins, complete with the head worn like a hood. Reportedly, they spent their time exhibiting a bear's worst behavior rather than healing others with their alleged powers. However, bear dances which are intended to heal are still performed, and the Ute people of Southwest Colorado have a social dance by this name. Bears are so revered, if not feared, that among certain Subarctic peoples, bear skulls were decorated to honor the powerful spirit of the bear, still said to be residing within it.

[If it seems that these peoples have been preoccupied with treating illness, perhaps it is because they were and for a valid reason. Originally The People of North America had only two domestic animals, namely the turkey and the dog; unlike the encroaching Caucasians, they had no immunity to the diseases which livestock transmit to humans such as chicken pox and swine flu. It is very likely that their emphasis on healing rituals was a post-contact development due to the spread of epidemics, which they contracted from Europeans and their descendants.]

In the Southwest, the bear paw is a symbol of good luck, which is why this design is found in so much Native artwork, such as jewelry and pottery. The reasoning might be that the Black Bear is said to always know where the water is; seeing their tracks may be considered lucky indeed in the arid Southwest, since it is probable that they could actually lead one to a scarce water source. This may very well be true, because these bears have an excellent sense of smell, which compensates for their apparent nearsightedness. They would be able to not only smell food, but also life-sustaining water, for quite some distance.

Tribal clans have been named after this bear; the Bear Clan still exists among the Hopi of Arizona and amongst other peoples, too.

Mule Deer, Odocoileus hemionus:

The 'Mule' Deer, or 'Muley' as the animal is sometimes called, has been given this particular name due to their extra long, mule, or donkey, -like ears; these can be up to nine inches long! They are a very common deer throughout the west, ranging throughout a wide variety of habitats, from deserts, to woodlands to high-country forests. Mule Deer will feed on a variety of diverse plant-life in these areas.

The Mule Deer are approximately six feet long, three and a half feet high and can weigh anywhere from 125 to 200 pounds. This makes them a mid-sized ungulate, or hoofed animal, much larger than the little Coues White-tailed Deer (only sixty-five to100 pounds), but a lot smaller than the Elk which can grow up to 1,200 pounds; both may be found in the same areas as Mule Deer. All of these animals grow antlers, which are shed or dropped annually, as opposed to horns, which are an attached part of the skull as with Bighorn Sheep, bison, or 'buffalo', and Pronghorn Antelope. Among Muleys, the antlers are shed in the winter.

[Pronghorn Antelope do shed the outer cover, or sheath, of their horns annually. Horns such as these are to be found in the material culture of The People: Antelope horns were sometimes used in the headdresses of the Southwest's Apache people; designs incorporating horns, found on items such as their shields, were said to provide power to the owner, since horns understandably represent strength; horns would also be used in Pueblo headdresses and masks, and deer antlers are also used in this same manner. The Pronghorn Antelope is, incidently, the fastest mammal in North America, reaching speeds of up to sixty miles per hour.]

Mule Deer are probably the most commonly sighted of the larger mammals of the American West. Visitors to the high-country are especially delighted by a deer sighting, as they are very beautiful animals (hunters are, of course, happy to get the deer in their sights...). Despite their docile appearance, however, deer are still wild animals and can be dangerous, especially when cornered; they will normally give a fair warning by spreading all four of their legs apart in a position known as 'stotting'. But, if you're too close, it's already too late.

Partly because they are so widespread, this species has been especially useful to American Indian peoples throughout the west, and not only for the meat: Leather could be used for clothing, of course, and other items including sports balls used in the popular game known as 'shinny'; the antlers could be made into a variety of different tools; the scapula, or shoulder blade bone, with serrated edges were used as effective plant cutting tools in the Southwest; tendons were used in the manufacture of bowstrings and to reinforce the bows themselves, and also as sinew twine for sewing; and even the brains were used for tanning the hides.

Various parts of the deer have been used not only for everyday utilitarian purposes, but also to manufacture ceremonial items. Dance rattles have been made by various groups by hanging bunches of dried deer toenails, or 'dew-claws', from the end of either a deer bone or a stick. Rattles made from hooves are common among the Pueblo groups. The Zuni and others have used bundles of deer scapula strung together and shaken as a sort of rattle during ceremonies, such as the Kachina, or katsina, dances. This is evidently a very old custom: Scapula with painted geometric designs were found at an archaeological cave site known as Cueva Pilote in northern Coahuila Mexico, apparently for the same purpose; occupation of the site has been dated from 1000 - 1400 A.D.. Among certain Paiute bands of the Great Basin, rattles would be made from two deer ears sewn together and filled with gravel, ready to use once they had dried into rawhide. The Navajo, or Dineh', and other groups of the Southwest such as the Hopi are known to make ceremonial masks from deer-hides. The Kiowa of the plains made deer tail charms known as tatonto. The Uncompagre Ute also utilized deer tails, but merely as one of several items used to decorate their babies' cradle-boards.

To the Hupa, Yurok, and the Karuk people further inland, where the southern Northwest Coast and California regions converge, deerskins have been both practically useful and spiritually symbolic. Unusually colored hides are displayed as status-symbols in annual Deerskin Dances, and very rare ones such as albino, or white-deerskins, are still considered especially prized and valuable to these people (Although part of the larger Northwest Coast culture, the Hupa of northern California traditionally speak an Athabascan language, which they have in common with both the Navajo/Dineh and Apache of the Southwest region; their Karuk and Yurok neighbors have Hokan and Algonquian languages, respectively). Deer dances are also held elsewhere, such as among the various Pueblo villages of the Southwest, like that of Taos and Acoma of New Mexico. Elsewhere in New Mexico, the people of Cochiti Pueblo maintain the yaphashi shrine, composed of a twin set of stone mountain lion effigies, where they leave offerings of deer antler.

Although very useful, the Mule Deer were never necessarily easy to kill. Because of this, the People have resorted to a variety of hunting strategies, including snares and other methods. Dead-fall traps can be created by camouflaging deep holes with branches, sticks and other debris. These were once commonly used in the eastern Mount Shasta region of the Far West; they were so common, in fact, that the name 'Pit River' was applied to both the predominate waterway and the Achumawi peoples of the area who created these traps. If hunting with bow and arrow, individuals might disguise themselves in entire hides including the head, sometimes complete with antlers. Also, various poisons might be added to arrowheads, made from everything from Black Widow or rattlesnake venom to rancid meat, which would reduce the speed of their shot but still fleeing prey.

The People would also seek spiritual aid in hunting Mule Deer. The Southwestern deer dances mentioned above, along with the accompanying songs, were originally intended as a prayer to the deer, asking them to offer their lives so that The People may have them for food (similar hunting rituals would have been done in other regions also). These dances are now performed, it seems, more to honor those deer that fed their ancestors than to attract the deer, although certainly some of these people still hunt for venison. The Zuni paint pottery with a deer motif that has a distinct 'heart-line', a red line running from the mouth to the heart and ending in a sort of arrowhead point (fetishes often have heart-lines, too). Sources say that the very act of painting these deer was once meant as a form of prayer itself. This was intended for good luck in hunting, possibly in the belief that the deer might be attracted to their own image; interestingly, research suggests that, in many cases, creating rock art may have been a similar act of prayer as well.

Elk, Cervus elaphus:

The Elk probably numbered somewhere about 10,000 individuals in what is now known as North America around the time Colombus landed toward the end of the fifteenth century; it is estimated that they are now ten times fewer in numbers, and there are only this many left due to conservation efforts.

Elk are, in a word, huge: males, or bulls, can weigh in at up to 1,200 pounds; females can weigh about 450 or more; a newborn calf weighs approximately thirty-five pounds, which is around the size of a full-grown raccoon. Despite their size, elk are fast, averaging thirty to forty miles per hour; they could conceivably outrun a Black Bear. The antlers of an adult bull can be up to five feet long with as many as six points, or spikes. Like deer and bison, elk are members of the ungulate, or hoofed, animal family, and like deer they have antlers which are shed annually instead of more permanent horns.

They can do some real damage with those antlers, and in unexpected ways, too. The antlers are used both for display and in ritual combat, but before that can occur, they must be polished during the autumn rut. Since antlers are shed, the vessels for growth are on the exterior, forming a fuzzy material known, appropriately enough, as 'velvet'. Small sapling trees are often used for rubbing off excess velvet and otherwise cleaning the antlers. This 'girds' the young trees and kills them, essentially disrupting the flow of nutrients due to the exposure of the inner layer. In the high-country, individual saplings and even entire little groves can be found dead, yet still standing, with their bark stripped, often around the whole circumference. Typically, only one part of the tree below the lower most branches is targeted for this vigorous rubbing, but even this select exposure is enough to kill the tree. As destructive as this seems, some of the conifer forest is overgrown and some thinning might be healthy for the ecosystem. But the dead fuel could conceivably create a fire hazard and possibly an insect infestation. Either way, it is notable that creatures other than humans can have an impact on the environment, even a detrimental one. In the forested high-country motorists must always be cautious and watch for the wildlife, which will appear in the road unexpectedly; this is particularly true of the massive elk. The cross-traffic often has four legs instead of four wheels, and can occur virtually anywhere along a mountain highway, intersecting roads or not. Furthermore, they are brownish animals with an even darker mane on their chests, which are crepuscular but often active at night. This makes even this huge and seemingly obvious animal very well camouflaged and extremely difficult to see. Once one is too close to them while behind the wheel, it can really be too late; the vehicle and passengers often suffer as much damage as the elk, if not more so, whenever there's a collision between them.

Elk have been very useful to American Indian people and continue to be a popular game animal still (A popular joke among reservation people of the Plains, such as the Lakota Sioux, is that they do not poach cattle but have been known to hunt down 'slow elk' instead). Their importance seems to be reflected by the large numbers of elk depicted as petroglyphs, or rock art carvings, throughout the Southwest. Obviously, these animals, like the comparably sized bison or 'buffalo' (at 800 - 2,000 lbs.), would provide people with a lot of meat and hides. However, elk have had other traditional uses also.

The elk antlers were especially useful. For example, peoples such as the Hupa, Karuk and Yurok traditionally had currency with a fixed value in the form of tusk-shaped dentalium shells, Dentalium (Antalis) Pretiosum. In fact, the peoples of California, and arguably the Northwest Coast, were the only ones in all of North America to have had real currency; the well known wampum beads, created from the eastern Quahog clam shell, originally had no true monetary worth. Eventually the value of the currency spread as far as the Dakotas. This particular species of the mollusk was almost exclusively found in Nuu Chal Nulth territory, the shells finding their way south through trade. Thus, they were considered suitably valuable to people like the Hupa due to their scarcity; a small boat was worth an arm's-length strand of these shells, which were strung on Iris fiber cord. But like anyone with money, they would need something to put it in. So, these people would create containers from hollowed elk antler, complete with a slot and removable lid in the top. These antler purses would usually be ornately decorated and some artisans continue to create them even today.

These same cultures used the antler in the manufacture of spoons, which were also ornate, a practice they had in common with coastal peoples farther to the north and also with the Arapaho of the Great Plains. This utensil was used for eating acorn soup by the Hupa and their neighbors. The Pomo Bear Doctors carried a decorated elk antler dagger as sign of their membership, which was manufactured from the tip. Also, the Utes would scrape a piece of elk antler across a notched stick, which was placed on an overturned basket and used as a rasp instrument known as a morache, played during their Bear Dance. Offerings of elk antler, to ensure success in hunting, were once left by the Blackfeet people of the Great Plains near the Yellowstone River; this eventually created a large pile resembling a pyramid.

Prehistoric elk had extra thick, muscular necks, partly to support the two huge ivory tusks which protruded from the upper lip for fighting, like those of the contemporary mammoths. Over time the elks' tusks were reduced in size and adapted more for browsing. These became known as 'ivories', which have been particularly important to the Great Plains cultures. Evidently, people in this area have valued them for centuries: Located along the Missouri River in North Dakota, the Fort Yates archaeological site has yielded elk ivory ornaments which are approximately 530 years old. At birth, Lakota boys would be given an elk tooth to promote longevity, since this is the last part of the animal's remains to decompose. The roots of these elk tusks were typically perforated for sewing and then they were used to profusely decorate the front of women's dresses, usually sewn on in row upon horizontal row. Since each elk only has two of these types of teeth they are relatively rare, so such a dress would be a real status symbol and the teeth would be quite valuable since they are so scarce. For example, a Crow, or Absoroka, groom would have to pay a bride-price of 300 ivories for his bride's wedding dress. Ivories were once such valuable trade items that the exchange rate was100 for one horse. These teeth are still popular jewelry pendents and are worn by some as a symbol of love, apparently because of the following attribute of the elk:

Among these Great Plains groups, not only the teeth, but the elk themselves have also been culturally and even spiritually significant. In autumn, the male bull's loud mating calls are frequently heard. This 'bugling' is audible from a great distance, attracting not one, but several females, or cows, forming what is known as a 'harem'. Young men of the prairies would want to access the spiritual Love Medicine power of the elk, to hopefully attract mates for themselves. They may have enlisted the assistance of a shaman, or 'Medicine Man', specializing in Elk Medicine. The image of the bull elk has frequently been depicted on pouches, shields and other Plains Indian items, evidently for this very reason.

In Lakota the elk is known as hehaka, but they are better known by a different American Indian word: Wapiti, another common name for the elk, is derived from the Shawnee language of the Eastern Woodlands, meaning, appropriately enough, 'White-rump'!

Next: Part II.), Smaller Mammals...

By Lee Littler
Copyright, 2011

How to Deal With 'Ruthless' Bill Collectors

Can you remember the first phone call you received from a debt collector? I can, and it was no fun. It's difficult to owe money and have little or no funds available to take care of the bill. The collector I dealt with was authoritative, unyielding, and simply put, obnoxious. No matter what amount I offered, although it was the best I could do, it didn't seem to satisfy them. Unfortunately, I had to deal with a lot of these individuals throughout my 20s, but I learned a few things along the way. First, not all debt collectors are created equal. Some are actually very helpful. However, there are some debt collectors who are ruthless, and you have to know how to protect yourself.

No Defense | www.budhibbs.com

Consumer Advocate Bud Hibbs and Attorney Jerry Jarzombek sit down with Ernie Brown and discuss the myth that you have no protection from threatening collection agencies. For help with collection issues and more check out www.budhibbs.com or email Bud at budhibbs@budhibbs.com

Fair Debt Collection Practices Act | www.budhibbs.com

Consumer advocate Bud Hibbs and attorney Jerry Jarzombek sit down with radio show host Ernie Brown to discuss the Fair Debt Collection Practices Act and provide insight into dealing with debt collectors. For help with collection issues and more check out www.budhibbs.com or email Bud at budhibbs@budhibbs.com

Credit Repair Letters

The best way to repair your credit is to write letters to the credit bureaus and collection agencies. These letters are commonly referred to as "Credit Repair Letters". There are many different credit repair letters for many different situations. The most popular credit repair letters are dispute letters, debt validation letters, pay for delete letters and cease and desist letters.

Dispute Letters

Dispute letters are written to the credit bureaus to dispute an account, public record or personal information. Dispute letters are incredibly effective. There are many sample letters available on the internet; unfortunately most sites offer letters that state much more than they really need to. They quote the Fair Credit Reporting Act and other laws in hopes of "scaring the credit bureaus" into removing negative accounts. Some of the letters even make threats of litigation. All of this is unnecessary and will usually end up hurting your case more than it helps. Keep your dispute letters simple and to the point.

Debt Validation Letters

Debt Validation Letters are written to collection agencies to ask a collection agency to validate a debt. Debt validation is simply a consumer's right to challenge a debt and/or receive written verification of a debt from a debt collector under the Federal Fair Debt Collection Practices Act (FDCPA).

Pay for Delete Letters

A pay for delete letter is usually written to a debt collector in hopes of negotiating to pay on an existing account in hopes of having the account removed or updated as positive on your credit report.

Cease & Desist Letters

A cease & desist letter can be sent to anyone, usually a debt collector, to request that they immediately stop contacting you. These letters should be sent certified, return receipt so that you have proof that it was received by the collector should you ever have to provide the evidence in court if they violate your federal rights.

Debt Collectors

Debt collectors and collection agencies will find jobs in the collections industry here! www.collectionjobs.co

Utility Collections Round 2

LHCC directors discuss a plan to try a 2nd collection agency to collect old receivables of its subsidiary LHEUC that are outside the 3 year statute of limitations.

How to Avoid Unfair Collection Practices

Due to the global financial crisis, the number of debt collection agencies in the market is increasing. They are established to offer services of collecting debts on behalf of banks, financial institutions, credit card companies and loan providers. For people who are drowned in debt, it is indeed stressful to receive irritating phone calls from debt collection agents constantly. Hence, it is important to know some useful information so that you are able to avoid the unfair collection practices.

First thing first, if possible, do your best to prevent the debt collectors from contacting you. Since you know you have substantial amount of debt, you are advised to pay the minimum amount immediately. As long as you make the minimum payment, these collectors will not reach you.

On the other hand, if you are unable to do anything on your financial situation, you need to get yourself prepared to deal with the representatives from the collection agencies. To avoid unfair treatment, when you first receive the call from the collection agent, don't be panic. You must get the details of the agent in order to make sure that it is a legitimate agency. You can ignore the calls from all the unapproved debt collection agents.

In some situations, the collection agents tend to be unprofessional and unethical. For instance, they start to threaten the debtors to provide personal financial information to them. According to Fair Debt Collection Practices Act, these agencies are not allowed to do so. The debtors have the right to decline their request. If there is any harsh action taken by the agents, the debtors are advised to lodge police report.

Keep in mind that the creditors can actually be sued for their harassment and deceptive behavior. Always be cautious in avoiding yourself from becoming the victim of unfair collection practices.  

Online Collection Agency | Debt Collections

collectionagency.info - Online collection agency video by Eric, whose brother asked him for help to find a collection agency quotes online. He searched on google and found http to recommend to his brother because of the free creditor resources like sample collection letters - but also because he could get quotes from multiple collection agencies. Watch to see how his brother made out.

Stephens and Michaels Associates collections

Stephens & Michaels associates calling me and this is first contact.

Finance First LLC 2

Licensed and Bonded Credit Repair Services Finance First is South Louisiana's leading provider of licensed credit repair services. Located in Baton Rouge La., we have helped thousands of local residents remove negative items from their credit reports including: How is Credit Repair Possible Federal Consumer Protection Laws give consumers numerous protections and rights regarding their credit reports. Although created with good intentions, these laws are often are to complicated and time consuming for people to take advantage of. Finance First make this process as efficient and effective as possible. With over 20 years of experience we understand how to take full advantage of all the consumer credit laws allowing our clients freedom from unwanted credit items. The Fair Credit Reporting Act (FCRA), Fair Credit Billing Act (FCBA) and the Fair Debt Collections Practices Act (FDCPA) afford you the legal right to dispute and delete any items on your credit report that you feel are inaccurate, untimely, misleading, biased, incomplete or unverified.

BILL COLLECTORS HARRASMENT

BILL COLLECTORS CALLING AND BREAKING THE FDCPA LAWS

FDCPA - Illegal Debt Collection Tactics

We hear about illegal debt collection tactics every day at our law firm. The debt collector threatens to garnish wages or press fraud charges. Threats of jail time or job loss are common as well.

Maybe the collector contacts friends, family or neighbors to discuss the debt with them, or, to embarrass you into paying. We have also seen letters sent to employers asking them to garnish wages.

All of these collection tactics are illegal according to the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that governs the rights that you have as a debtor and the activities that a debt collector can engage in when trying to collect on a debt.

Let's take a look at some of the above listed threats and discuss why they are illegal. The first threat, wage garnishment, is a very common threat. In the state where I practice law, Pennsylvania, wage garnishment cannot occur on a credit card case, ever. To make a threat of wage garnishment in Pennsylvania is illegal as per the FDCPA. The reason is that the FDCPA makes it illegal for a debt collector to threaten activity that it cannot carry out. Since wage garnishment cannot occur in PA for credit card debt, the threat of wage garnishment is illegal.

Another common illegal debt collection tactic is to threaten jail time. "Pay this debt or we are going to press charges and you will go to jail". There is no law in the United States that will cause you to go to jail for not paying a credit card debt. Because jail time cannot occur where you have failed to pay a credit card debt, the threat of jail time is illegal.

In many instances, the debt collector will contact your friends, family or neighbors to either get them to pay the debt or to embarrass you into paying the debt. A debt collector may not contact friends, family or neighbors regarding your debt except for under very limited circumstances. The only circumstance where the collector may contact friends, family or neighbors is when they are unable to locate you after making a good faith effort. In that specific instance, the debt collector may contact others to ascertain your location and contact information. Under no circumstances may the debt collector discuss your debt with anyone other than you.

If all of these tactics are illegal, why do debt collectors engage in them? Simple, its very effective to do so. If they call 100 people and use these illegal tactics, maybe 60 of them will pay something to the collector. Of the remaining 40, maybe only one or two will be bright enough to contact a consumer attorney who will then sue the debt collector for violating the FDCPA. (The above numbers are completely made up as an example for you). Anyways, in this hypothetical, you can see that they debt collector will be willing to use illegal tactics and violate the FDCPA because the return on investment is there for them. They make a lot of money using these illegal tactics.

Credit and You Series # 2

Hosted by Alison Feliciano. This video goes further into the Fair Debt Collections and Practices Act.

Debt Collectors' Favorite Tricks - The Threat of Bringing a Lawsuit and Others

Sure, the Federal Fair Debt Collection Practice Act (FDCPA) defines the borders within which all debt collectors should stay when dealing with delinquent debtors. But are they really that law-abiding? This article lists the most widely used threats that debt collectors may use when talking to you over the phone or in the process of face-to-face encounter. Are the things that they are threatening you with legal? Read this article to the end to understand it - and choose a perfect resistance tactics for yourself.

The statistics concerning the amount of people's complaints concerning the work of debt collection agencies is oppressive - in 2004 there has been as much as 58,000 debtors addressing the Federal Trade Commission (FTC) claiming that they were harassed by the debt collectors - and the number only keeps on growing! Complains about illegal methods of debt collection hold one of the first places in the FTC's rating - currently, 17% of all complaints concern this problem.

The following list states the most common threats used by abusive debt collection agents - and states how true they can be in reality.

1) The threat to take away the debtor's house if he/she doesn't make the payment immediately. This threat has nothing to do with reality unless your loan is actually secured with your home (mortgage or home equity loan). Only in this case will a debt collector be able to seize the real estate in your property.

2) The threat to arrest the debtor if he/she doesn't start paying off immediately. First thing you should know about if your creditor ever tries this intimidation technique on you is that a delinquent debt is a civil matter, while only a person committing some criminal act can be arrested.

3) The threat to keep on with regular collection calls in spite of the cease communication note sent to the creditor. Federal law states that a cease communication note received by the creditor obliges him/her to stop all efforts to contact the debtor. If your creditor fails to follow this regulation, remind him that this activity may be considered a breach of the law.

4) The threat of assault. Yes, you might be surprised but some debt collection agents use that as well. FTC receives an average of about 300 complaints caused by the threat of violence to a debtor. There's no law that would allow the debt collectors to resort to such means, so if you ever happen to be the target of it, it will be you who is recommended to bring a lawsuit against your creditors, not vice versa.

Threatening the debtor is not the only illegal method that and abusive debt collection agency may be using. It's important that you realize which of your creditors' activities can be considered illegal and use this knowledge to protect yourself. Remember that your debt collection agent is breaking the FDCPA if he/she is:

- sharing the information about your debt with third parties - except your neighbors, relatives, and employers who may be contacted in order to obtain any required information about you. However, you should know that contacting these people is only allowed if the creditor doesn't mention anything about your debt at all;

- calling you at work despite the fact that you notify him/her you are not allowed to receive personal phone calls during your working hours. However, there are very few debt collectors that really do follow this rule - most of them keep on calling you no matter what. Consider resorting to legal protection means if that happens to you;

- using rude or profane language or raising his/her voice at you during collection calls;

- calling you too frequently, thus making your life really stressful;

- ignoring written disputes;

- providing public access to debtor information.

What can you do to fight off the illegal debt collection attacks? The very first thing that you should do as soon as debt collection calls begin is surfing through the detailed description of consumer rights under FDCPA. Do it even if the collection calls are not bugging you really bad. You can easily get this information from the official website of the Federal Trade Commission.

If any of your debt collection agent's activities turns out to be illegal, file a formal complaint with your state's Attorney General and the FTC. In case these authorities receive enough complaints about the activity of a given creditor or debt collection agency, heavy fines may be imposed as the penalty for their illegal practices. This will definitely make them think twice before doing that again. Plus, you shouldn't forget that you have the legal power to file a counterclaim against a harassing or exceptionally abusive debt collection agent.

On the other hand, you should remember that everything listed above applies to third-party debt collection agencies and attorneys that your creditors may resort to only. Your creditor's own debt collection department representatives are subject to only a few of the FDCPA regulations listed. Nevertheless, you shouldn't forget about other consumer protection laws that might help you to resist the abusive activity of debt collectors and even the creditors themselves. Thus, you shouldn't hesitate to file a complaint with your state's Attorney General and FTC if you believe that your creditor is harassing you. In this case, an abusive creditor may be considered guilty under state law or some other FTC act.

Fighting off illegal debt collection attempts may be a really hard thing to do - but you should remember that this may get your out of your debt sooner and easier than you think, so... Educate yourself!

Surviving Motions to Dismiss In-Debt Collection Cases

When you're being sued on a debt by a debt collector, one of the best things you can do is often to file a counterclaim. This might be based on any number of laws, but most typically you will have a claim under the Fair Debt Collection Practices Act. Particularly if you are pro se (representing yourself) you should probably expect the debt collector to file a "Motion to Dismiss."

Legally, a motion to dismiss is designed to "test the legal sufficiency of the claims." That is legalese for deciding whether the law makes what you claim happened illegal, gives you the right to sue the other person, makes the other person the right person to sue, and so on. In other words, if what you say is true, does the party you are suing owe you money? Pragmatically, the motions might be more a way to force you to restate your pleadings to be more specific, to test your willingness to fight the debt collector, to please a client, or just an easy way for the law firm either to train new lawyers or generate fees. You will probably never know the actual reason for the motion, but if it is granted, your claim will be dismissed (kicked out), so you must take it seriously.

On a motion to dismiss, the court is required to consider every fact pleaded in your counterclaim (I'm assuming here that the debt collector is bringing the motion against your counterclaim) as true. Given the truth of what you say, the debt collector will argue that the law simply does not provide you a remedy. Actually it goes further, though. The question before the court is whether there is any set of facts, consistent with your pleadings, that would give you a right to sue.

If you are opposing a motion to dismiss, your general strategy should first be to relate your claims to the words of the law under which you are bringing your claim. If the Fair Debt Collection Practices Act says (as it does) that the debt collector must stop calling you at work under certain circumstances, for example, and your claim alleges those circumstances and the fact that the debt collector continued to call, then you will defeat the motion.

Sometimes it is not so clear, obviously. Debt collectors are prohibited from various "unfair" or "deceptive" collection practices, and not all of these are specifically enumerated in the law. In that case you will want to find a case involving similar actions where courts have declared the practice illegal. Failing that, you will make the strongest logical argument possible that the action in dispute is unfair or deceptive.

Remember that although every fact will be considered in your favor (every "close" question of fact should go your way), the court will decide close questions of law. That means that even if the judge thinks that calling you seven times in an hour is unreasonable and illegal, he might decide that calling you six times was not unreasonable. That is because the question is not how often you were called, but whether the number of times called was "reasonable," a decision the judge is supposed to make. For this reason, it makes sense to state the facts strongly and make your best case.

How To Select A Collection Agency

The unfortunate situation has arisen: you need to collect on a debt. You need a collection agency. While a look through the Yellow Pages will yield scores of collection agencies, not all of them are created equally. You need an agency that will work for you and carry out your needs. Here are a few questions to keep in mind when looking for a collection agency to suit your needs:

How much and what kind of experience does the agency have?

Do they have the experience necessary in your field? Will they know the jargon and how to make connection with the client? Have they the ability to work with the kind of sum you need to collect? Can you get references from another organization your field that has used this agency?

Is this a professional organization?

This collection agency is going to be representing you. It is vital that their practices reflect the values that your organization lives up to. Bad contact with a client could damage your reputation.

Does this collection agency know the local laws and have good knowledge of the resources available to them in your community?

Most agencies utilize skip tracing and formal written communication to deal with clients. Do they have access to the kind of information they will need to connect with your client? Do they know and live up to local laws that regulate debt collectors? Don't forget - this company is working for you - any laws they break or bad practices they engage in will reflect on you.

How willing is the collection agency to take into account your wishes and expectations?

Knowing that the collection agency values your wishes and instructions are key to a good outcome in the collection process. An agency that follows your instructions is one that is worth your time and hard-earned money.

Does the collection agency offer advice and consultation to its clients?

Some collection agencies not only collect debts for clients, but also offer advice and assistance to minimize bad customers in the future. Collection agencies have a wealth of experience and if they are willing to share it with you, you stand to gain a lot from their information and assistance.

Collection Agency Services assists you in finding a collection agency that suits your individual needs. Our website is designed to make the search for a collection agency easy and hassle-free.

Attorney Rossanne Pillai & Associates

Rossanne Pillai & Associates Suite No. 5, 13 Acropolis Street Starwood, Phoenix Tel: 031 500 8083 Cell: 084 410 0007. Opposite the Phoenix Plaza. Divorce cases, Criminal litigations, Civil litigations, Deceased Estates, Debt collections

Agile Connect 2011 - Keynote: The Essential Product Owner - Partnering with the Team

www.agilejournal.com - While the product owner (PO) role is arguably the most crucial role within agile teams, we often hear horror stories about POs who aren't available to their teams, change their minds incessantly on business priorities, or ignore quality requirements and technical debt. Even the best POs struggle to meet the demands of their "regular business-focused job" while providing sufficient team guidance. Bob Galen shares real-world situations where he's observed product owners who deliver truly balanced value for their business stakeholders. Find out how story mapping and release planning set the stage for effective team workflow by establishing a big picture product view for everyone to see. Explore ways to develop shared goals—at both the iteration and release levels—to cement the partnership between the product owner and the rest of the team. Learn from Bob how to set up a tempo of regular, focused backlog grooming sessions to enable the team and the PO to prioritize well-nuanced and high-value backlogs. Leave with ideas for establishing an ecosystem where the PO and the entire team strive to continuously improve their performance.