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This is the 2005 Supplement to Fair Debt Collection (5th ed. 2004) with companion cd-rom.
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There is much to say about the law counterclaims in cases of debt, and I suggest you look closely at the text of the Fair Debt Collection Practices Act the same as we consider what, if any, will bring the counterclaims. In this article, however, just want to say why they are so important counterclaims.
Why is it so important to a counterclaim?
In most jurisdictions, which is a fancy way of saying shorter and placesactor (the person filing the application) is allowed to close the case (called "redundancy") if desired. And usually whenever you want. This is not the case in federal court, where you have to ask permission, but in most state courts seem to be true. And debt cases are almost always brought in state courts.
This means that the debt collector may get tired of you and just close the case at any time.
This is great! This is exactly what we want andI have said we must go, right?
Yes, but if the debt collector simply dismissed the case, it could sue later or sell the debt to another person that you claim later, and that is definitely not cool!
Counterclaims avoid a lawsuit again!
So how to stop to close the game and re-file the claim later? To this end, the filing of a counterclaim against them. A plaintiff may dismiss the case, but notthe complaint against him.
Unless you disagree. So if you want to close the case against him, because their claims are good or not want to spend money in the game, you have to solve the case with you, or are still left to defend the counterclaim. They never do, because then you lose money in one way or another. He had been forced to pay you or your attorney (or both) - and without the ability to pick something from you. L 'worst of all worlds. It will not. Instead, you crack the case.
Therefore, a counterclaim gives you power over the complainant, maintaining at all until they decide to destroy (or "out" as it is called). The counter means you can put the harassment to end. And sometimes its counterclaim can be much more valuable to their case against him was in the first place.
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If you are deep in debt and behind on your bills, you no doubt receive regular telephone calls from debt collectors. It is important to know your rights and know that a debt collector can and can not legally do or say.
Most professional collectors follow the rules established by the Federal Fair Debt Collection Practices But occasionally, you get a call from a less professionalcollection agency that crosses the line. In fact, the Federal Trade Commission lists the complaints against debt collectors among the main complaints we receive. This sector receives more complaints from all the others put together!
Taking into account the fact that relatively few people make a formal complaint, then you realize the actual number of violations should be very high. In fact, it is a bit 'too high considering the size of the sector and the volume of accounts are in collections. Unfortunately, the situation seems to get worse instead of better.
So what if he is a victim of abuse and illegal tactics collection? First, arm yourself with knowledge. Make sure you know your rights, visit the website of the Federal Trade Commission.
A common threat is illegal and that will take your home or other property from you, but to pay the debt. If> Of the debt is secured, can not take your stuff. Now, if you do not meet your car loan, the car can be recovered. If you do not meet your mortgage, your home may go into foreclosure. However, credit card unsecured debt is not guaranteed. Only recourse they have is to take you to court and obtain a ruling against him. At that time, you may be able to decorate your bank account or wages.
Another threat is that an arrest warrant issued against him ifnot pay the bill. Again, this is beyond the power of a debt. The debt can only go to jail due to an IRS. The non-payment of unsecured debt is not a criminal offense. Is threatening to jail or charged with a crime is against the rules of the FTC.
You can ask them to stop contacting you by phone. You have the right to request that all written communications. If they can not fulfill your request, andcontinue to ask, however, they are violating federal law.
If a collector is never a phrase like: "We know where you live ..." can and should report it immediately. This can be interpreted as a threat of violence, and very, very illegal.
Other things that collectors can not do are:
When discussing your debt with third parties
Interfere with their work to call you at work
Using obscene or profane language or yelling
Noconstant and relentless phone calls
Do not respond to written disputes
Debtor's disclosure
If you feel your rights have been violated by a debt collector, what can you do? We can and must make formal complaints with the Attorney General of your state and the state of the collection agency. We can and must also file a complaint with the Federal Trade Commission. All this can be done online. You also may sue acollector harassment, abuse and rights violations.
If you are a victim of abusive collection practices, not just take. You can fight and defend their rights.