Showing posts with label threat. Show all posts
Showing posts with label threat. Show all posts

Sunday, December 4, 2011

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!

Friday, June 10, 2011

FDCPA - Threat to sue after the statute of limitations may violate FDCPA

Debt collectors love to threaten to sue. When this threat is that there is to know first if the prescription has expired. If so, then the threat is illegal and violates the Fair Debt Collection Practices Act (FDCPA). If we want a free book on debt collectors to stop abuse or have any questions, please do not hesitate to contact me at 205-879-2447 or John Watts www.alabamaconsumer.com Birmingham, Alabama

Friday, October 29, 2010

Debt collectors favorite tricks - the threat of lawsuits and other

Of course, the Federal Fair Debt Collection Practices Act (FDCPA) defines the limits within which all bailiffs must remain when it comes to delinquent debtors. But are they really so respectful of the law? This article lists the most common threats that debt collectors can use to talk with you by phone or face to face process. These are the things that are threatening with legal? Read this articleIn order to understand - and choose a perfect tactic to force you.

Statistics on the number of complaints by people who work for collection agencies is overwhelming - in 2004 the 58,000 borrowers facing the Federal Trade Commission (FTC), alleging they were harassed by debt collectors - and unique number keeps growing! He complains of illegal methods of debt collection to maintainone of the first places in the ranking of the FTC - currently 17% of all complaints regarding this problem.

The following list indicates the most common threat used by the agents of abusive debt collection - and said it was true that may be true.

1) The threat to remove the debtor's home if he / she does not make the payment immediately. This threat has nothing to do with reality unless the loan is actually secured by your home (loan or mortgage). Only in thisIf a debt collector may seize the property of their property.

2) The threat to arrest the accused if he / she does not start paying immediately. The first thing you should know about if the creditor always try this technique of intimidation about you is that a delinquent debt is a civil matter, while only a person who commits a crime can be stopped.

3) The threat of continuing calls for presentation of the collection, despite the cessation ofcommunication note sent to the creditor. Federal law provides that a cease communication notice received by the creditor requiring him / her to stop all attempts to contact the debtor. If the creditor does not follow these rules, remember that this activity can be considered a violation of the law.

4) The threat of aggression. Yes, you may be surprised, but some of the collection agents to use debt as well. FTC receives an average of 300 complaints caused by the threat ofviolence against debtors. There is no law that allows tax collectors to resort to such means, so if it happens that the purpose of it, there are those who are advised to bring a lawsuit against the creditors and not the reverse.

Threatens the debtor is not the only method that the debt collection agency may be illegal and abusive use. It is important that you realize that creditors of the assets "could be considered illegal and use this knowledge toprotect themselves. Remember that your debt collection agent is to break the FDCPA if he / she is:

- Share information about your debt with third parties - apart from its neighbors, relatives and employers who may be contacted to obtain all necessary information about you. However, you should know that contacting these people are only allowed if the creditor does not mention anything at all of its debt;

- Called to work, despitenot be allowed to receive personal calls during work hours. However, there are few collectors themselves actually follow this rule - most of them continue to call no matter what. Consider the use of legal protection means that if it happens to you;

- Use profane or vulgar language, raising their voices to call for the collection;

- What is calling you too often, making life reallystressful

- Ignoring the dispute in writing;

- Facilitating access to information of the debtor.

What can be done to combat the attacks of illegal debt collection? The first thing to do as soon as possible to begin the debt collection calls and browsing through the detailed description of the rights of consumers FDCPA. Do this if the calls are intercepted library is not really bad yet. You can get this information from official websiteFederal Trade Commission.

If any of the debt collector your organization is illegal, a formal complaint with the Attorney General and the FTC. In cases where these authorities to receive complaints about the business of a particular creditor or collection agency, fines may be imposed as punishment for their crimes. This will definitely make you think twice before doing it again. Also, there shouldRemember, you have the legal power to file a counterclaim against a collection agent debt abusive or harassing exceptional.

On the other hand, we must remember that all this applies to the collection agencies debt of the party, lawyers and others that creditors may use only. Your creditor's own debt collection department representatives are subject to only some of the rules listed FDCPA. However,Do not forget the protection of consumers of other laws that can help you resist the activities of abusive debt collectors and creditors themselves. Therefore, should not hesitate to file a complaint with your state Attorney General and the FTC, if you believe your lender is bullying. In this case, an abuse of creditors can be found guilty by state law or other act of the FTC.

The fight against illegal attempts to collect the debt can be aWhat is really hard to do - but you must remember that this could have its debt first and easier than you think, so ... Educate yourself!

Tuesday, September 21, 2010

Collectors favorite tricks - The threat of taking the case and a.

Indeed, the Federal Fair Debt Collection Practices Act (FDCPA) defines the limits within which all debt collectors must remain with regard to defaulting debtors. But are they really so respectful of the law? This article lists the most common threats that debt collectors can use to talk with you by phone or about to come face to face. These are the things that threaten legal? Read this articleIn order to understand - and choose a tactic of resistance perfect for you.

The statistics of the number of complaints from people on the work of collection agencies is overwhelming - in 2004 was up 58 000 borrowers facing the Federal Trade Commission (FTC) alleging they were harassed by debt collectors - and the only number that continues to grow! He complains about the illegal methods of debt collection to maintainone of the first places in the classification of the FTC - currently 17% of all complaints regarding this issue.

The following list indicates the most common threats used abusive collection - and sets out how true that may be true.

1) The threat to remove the house of the debtor if he / she does not pay immediately. This threat has nothing to do with reality unless the loan is actually secured by your home (mortgage or home loan). Only in thisIf a debt collector may seize the property of their property.

2) The threat to arrest the accused if he / she does not start off immediately. The first thing you should know about if the creditors never try this technique of intimidation of a criminal you is that debt is a civil matter, while only a person who commits a crime can be arrested.

3) The threat to continue with regular practice of the collection, despite the cease-communication of the note to the creditor. Federal law states that a cease communication notice received by the creditor requires it to stop all attempts to contact the debtor. If the creditor does not follow these rules, remember this activity can be considered a violation of the law.

4) The threat of aggression. Yes, you may be surprised, but some debt collection agents use too. FTC receives an average of 300 complaints caused by the threat ofviolence against debtors. There is no law that allows tax collectors to resort to such means, so if it happens that the objective is you who is advisable to bring a lawsuit against their creditors and not vice versa.

It threatens the debtor is not the only method of debt collection agency may be illegal and abusive use. It is important that you realize that the activities of creditors may be illegal and use this knowledge toprotect themselves. Remember that your debt collection agent is to break the FDCPA if he / she is:

- Share information about your debt with third parties - apart from its neighbors, relatives and employers, who can be contacted to obtain all necessary information about you. However, you should know that contact with these people is allowed only if the creditor does not mention anything in your debt;

- He calls you to work despitecommunicating its not allowed to receive personal calls during working hours. However, there are very few collectors who really should follow this rule - most of them continue to call no matter what. Consider the use of legal protection means that if it happens to you;

- With a profane or vulgar language, raising their voices to calls for the collection;

- Calling all too often, making life reallystressful

- Litigation ignoring writing;

- Providing access to information of the debtor.

What can be done to combat the illegal aggression of debt? The first thing to do as soon as the debt collection calls to begin is to browse through the detailed description of the rights of consumers in FDCPA. Do this if collect calls are not even really hurt interceptions. You can obtain this information from official websiteFederal Trade Commission.

If any of the activities of debt collection agent appears to be illegal, a formal complaint with the Attorney General and the FTC. When these authorities receive enough complaints about the activities of a particular creditor or collection agency, fines may be imposed as punishment for their illegal practices. This surely will make them think twice before doing it again. Nor is thereforget that you have the legal power to make a claim against a stalker or agent except debt collection abuses.

Unlike other hand, remember that manufacturers apply to debt collection and above all third bodies lawyers in May with its creditors for the only resource. Your lender debt collection department representatives are subject to some of the rules contained FDCPA. However,Do not forget the protection of consumers of other laws that may help resist the activities of abusive debt collectors and creditors themselves. Therefore, should not hesitate to lodge a complaint with the Attorney General and the FTC, if you believe your creditors harassing you. In this case, an abuse of creditors can be considered guilty by state law or other act of the FTC.

Fight against illegal debt collection efforts may beWhat is really hard to do - but you must remember you can get your debt first and easier than you think, so ... Educate yourself!