Bill Collectors Harassing You? Action Can Be Taken

Making The Right Moves...

Knowing The Ins and Outs of Collections and Credit

Did you know?

A Debt Collector can not call you back if you hang up on them, for 7 working days. They cannot threaten to sue you either. Unless it's absolutely their usual company process. Threatening to sue you, and then not suing, is actually a violation. They are not allowed to curse at you, or say things like, "we'll take your house", and "we'll put you in jail", or we'll ruin your credit", or "we'll call you repeatedly", and so on. You can hang up on a bill collector, and if they are compliant, they will not call you back until the folllowing week. Unfortunately many do call back, harass, oppress, abuse, and violate the laws left and right.

You want to know about this, because even people who pay their bills are being harassed by debt collectors, on an hourly daily basis. That's right, you pay your bills, and still get harassed. To the tune of the next 10 years to come believe it or not! I'm one of them. Here's what is going on with many, many people around the world.

One Example Scenario: Very Common

You have a credit card for example. You pay the debt in full, and close the account. You think it's closed, and that's the end right? Wrong...unfortunately for all of us, these banks, creditors, and loan companies are selling the debts, over, and over, and over for a period of 10 years plus. In the recent years, while things were actually going bad, (under all the fluffer nutter in the news) banks, and credit card companies, and the like began struggling. The trickle down factor is that the little guy gets hurt when big creditors, banks and such struggle or go under.

What happens is they sell their written loans, credit card debt, and bad debts to cash out of the situation. They buy these accounts at a huge whopper of a discount. We're talking 2 cents per account. The bank has already received a tax break/write off, and has cashed out of the debt by getting .02 cents for it. Imagine if you will, you're $5000 credit card debt was just sold to another company for a whole .02 cents. The new owner of that debt get's to collect the full amount plus all cost, and inevitably interest on a Judgment if they sue.

When a Portfolio of accounts are sold, they are sold in batches of millions. Your one account doesn't have too much value all by itself. When a batch of accounts are sold, I have found, and witnessed "personally" a huge amount of accounts that are: Deceased, Bankrupt, Paid In Full, or previously Settled, are conveniently included in the batch.

They do this on purpose to make the batch Portfolio look larger, and more appealing. Only a serious buyer, with experience in the industry would know to do intense Due Diligence on the portfolio, to determine if in fact the batch has inserted files which will never be collected.

It doesn't matter how well you paid, if you paid on time, if you didn't, or if you went bankrupt. You're all batched together and sold, over and over too many times to count. You could be the perfect borrower, and still be harassed because of this. It is literally a living nightmare.

I will be exposing a few chronic offenders here on this hub to watch out for. Nevertheless, beware, and be on guard to these agencies buying debt. They usually run credit reports, which will leave a negative inquiry. The medical industry is absolutely famous for destroying peoples credit. Usually concluding in the end, it was their fault for not billing properly.

I have personally witnessed people being destroyed over some of the most rediculous things I've ever seen. Who do you turn to when this happens? There's no Credit Destruction Hot Line or anything to call. The credit repair scams will undoubtably rip you off blind, and the debt consolidation companies just want to play with your money. I haven't found one yet that pays anyones bills on time. They skim their fee's off the top, and that's their main priority.

If you think someone else is going to care more about "your" credit, and Your Bills...Think again. These companies are doing nothing, but inviting themselves into your wallet! Pay your own bills as best you can.

If you can't pay your bils, then go pick up a bankruptcy kit at staples, and file it yourself! It's self explanatory, and you can post any questions you have here. It's approx. $200 to file it, and comes in carbon copy, so press hard. Make a appointment for a credit counselling company to get the Voucher needed. Then go to the local Court House to file it, and pay your fee. It's called "Pro Se". You do not need an attorney to file any chapter of Bankruptcy. It stops all creditors from proceeding against you.

There are a few choices you have. Each one is labled as such, and explains what applies to each one. Home owners would file a Chapter 13, and so on. No assets would file a Chapter 7. The Clerk at the Court will let you know if anything has been filled out wrong.

This is one of your Consumers Rights, don't feel embarassed about it. It's a necessary component to assist the people, to gain relief. Those creditors who aren't getting paid have already taken a tax write off, sold the debt, and cannot even remember who you are.

All debts whether paid or not are being sold on a regular basis, (avg. every 3-6moths) for a period of 10 years. The bottom line is the tactics are out of control, and literally monopolizing all of our time. It is not going to get any better any time soon either.

Which is the reason I've written this hub. I'm hoping to help arm people with some necessary ammo to protect themselves, and their credit. I'll be happy to answer any questions, or listen to any cases of harassment. I was one of the first Collectors to be Certified in US. I was also one of the youngest females, and one of the first to sue in NY against "attorneys" for violating collection laws.

I successfully won the case against the 2 attorneys in the 80's for the violations. I was 19 years old, and my Mommy was standing in the back of the court room. lol. I had a stack of case histories in my hand, and showed the judge which laws they violated, and how they were certainly not exempt from the law, "because" they were attorneys, and I won the case. The judge shook my hand, and thanked me for educating him on the law. The court room (a public one) was roaring, and clapping.

It was quite an experience, considering how these two attorneys were treating me in the hall before the hearing. They thought they were going to make mince meat out of me...lol

Here's the best part. One of the attorneys involved was investigated by me, and others because of my case. It was also discovered that she had, and was imbezzling thousands of dollars from another client. She was immediately banned from practicing, and her license was pulled. She was also banned from the state of florida because of the case. Both ended up with permanent records for life, as well as losing major clients, etc.

That was when I was 19! I'm now 43, and I still haven't met anyone, including attorneys who have actually read the the Commercial Code, or the Federal Fair Debt Collection Practices Act, etc. I've actually read these laws, and memorize important sections that apply to the here, and now. Call me whacky? Maybe. I haven't lost a fight yet. Including how I got my $768.oo credit from Verizon, and how I got my other $368.00 credit from Verizon, and my $1100.00 credit from the Electric Company, and the fight with the Vitamin Store $$230.00, and the appliance company for $60.00...Should I go on? There's more...lol

When you know the contents of the book you're throwing at them....boy does it help! lol The moral of this story is yes life is a constant battle...but if you arm yourself with at least the things that coincide with your money, your assets, and your credit you will be much the wiser, should something go wrong...and it usually does. Sticking together, and sharing knowledge is the best way to gain education, use others education, and in turn become educated along the way.

I have won many cases, and actually played a small part, (or maybe a large one who knows) in many of the laws in collections being changed over the years. I have had very large agencies shut down in roughly 24 hours, of learning of their illegal practices. One of the largest I had shut down, I had worked for for years. I never had to break any laws, as a matter of fact, I enforce them constantly.

Consumers need to have someone on their side, as far as I see it. Who better than someone who is fluent in the law, and experienced in the industry. I'm well respected, and also feared by many in Collections. I could be a danger to them if they're doing anything illegal. I used to work with the Cheif Investigator at the FTC, exposing geological scams. Then we moved onto Collection firms, because the abuse became so rampant. Then he retired, and I continued.

By the way: This is important. Beware when Settling a Judgment for less than the full amount! If you pay less than the full amout owed, including all the interest (which will be calculated) you are going to receive a 1099 in the mail from the IRS. All courts have to report satisfied Judgments. They never tell you this either. Whatever you "Don't" pay on a judgment is counted as, "Additional Income" for the year, and will absolutely come back to haunt you, and totally screw up your taxes!

Here I am today...Ask anything you want about Collections, Credit, Debt, Banruptcy, and your variety of financial dilemmas.

Actual Copy of Complaint Against Law Firm

This is an actual Complaint written by me, for me against a company (Law Firm) my favorite...lol...who has violated my rights to an extreme. I have an attorney looking into it now, who has already won a case against them, and Trans Union, for the very same reason. This is a real life, current situation I am going through. Ironically even with all my 26 years experience, I too have become a victim countless times.This is an actual copy of the letter that has been sent to them. Nothing in it has been changed. (note: no longer formatted for court purposes)

Dec. 29, 2007

VIOLATION OF FEDERAL LAW:

FDCPA Violation(s), FCRA Violations, Consumer Rights

OFFICIAL NOTIFICATION

To whom it may concern; GREETINGS

You are hereby Ordered to, "CEASE & DESIST" from any further collection action, or activity directly or indirectly with the above named consumer. This debt is in official dispute, you will provide copies of an itemized breakdown of the alleged debt owed.

In compliance with the U.S. Commercial Code, you are required to respond to this, "Certified Return Receipt Requested" written communication within (30) days.

Failure to do so will result in violation of the U.S. Commercial Code, by your company.

You are now under State and Federal scrutiny, for violating the, "Federal Fair Debt Collection Practices Act", A Consumers Rights, and possibly additional, "Federal Act's".

The following

Sect. 804. (15 USC 1692b): Acquisition of location information: Not state that a consumer owes a debt. Prohibited use of of language or symbol on any envelope, or in the contents of any communication indicating the communication is from a debt collector. Third party disclosure on an answering machine several times.

Sect. 805. (15 USC 1692c): Communication in connection with debt collection: Third party disclosure on an answering machine.

Sect. 806. (15 USC 1692d): Harassment or abuse: Causing a telephone to ring repeatedly 2 - 4 times per day for an extended period of time..

Sect. 807. 15 USC 1692e): False or misleading representations: (A) the character, amount, or legal status of any debt. (5) the threat to take any action that cannot be legally taken.

Sect. 808. (15 USC 1692f): Unfair practices: Using any language or symbol other than the debt collectors address, on any envelope when communicating with a consumer by use of mail.

Sect. 809 (15 USC 1692g): Validation of debts: (a) within (5) days after the initial communication; send a written notice containing- (1) Amount of the debt; (2) Name of the original creditor to whom the debt is owed to; (3) A statement that unless the consumer, within thirty (30) days after the receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid;

Sect. 811. (15 USC 1692i): Legal actions by debt collectors:

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

§ 812. Furnishing certain deceptive forms [15 USC 1692j]

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --

(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.

(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

Each section of the Act listed here has been chronically violated over & over & over.

The phone calls, the constant harassment, the endless Third Party Disclosures on my answering machine 4 & 5 times a day will stop immediately. You literally harassed me now for well over a year with no end in sight! I have repeatedly hung up on your calls, only to be called right back the same day, and the next day. In all my years in this industry I have never seen such a blatant case of chronic daily violations.

In your attempts to collect a prior paid debt, you have just created the worst case of harassment against a consumer. You obviously have not done your due diligence properly, on paper you buy. You have literally called me every single day (3-4 times each day, even after you were hung up on) for over a year now for a paid debt. It clearly indicates on my credit report, which you were not authorized to access, that my debts are paid. I am worse than outraged!

You are not only violating my rights, as a consumer, but have also prevented my life from moving forward. Even after requesting you stop calling here, you continue to harass me non stop every day including Sunday!

Not only does it state those facts on my personal credit report, but it also states I am debt free for over Five years.

Your Alleged Summons & Complaint was allegedly served on an address that doesn't even exist! Your bogus court documents are a fake. You are merely conducting a mail blitz to see who you can scare into paying you. Sewer service has failed you!

I am extremely fluent in all the laws governing your industry. After researching it, I've confirmed you are absolutely CHRONIC OFFENDERS of violating all the laws of this industry.

All of your highly illegal activity is documented, grounding it in stone. Copies of this Official Complaint will be sent to each entity below, and action will be taken against you to the fullest extent of the law. You are now notified, and will answer to my attorney*, and the governing bodies listed here. A copy of this complaint in email, paper, or fax will be considered original.

Proceed at your own peril,

CC: Federal Trade Commission

600 Pennsyvania Ave., N. W.

Wash. D.C 20580

Anand Ahuja, Esq.*

101-70 Lefferts Blvd. Ste. #2

Richmond Hill, NY 11419

718-850-1952

Dept. Of Consumer Affairs

Complaint Division

66 John St.

NY, NY 10038

212-361-7770

Better Business Bureau

of Metro NY

257 Park Ave S

NY, NY 10010

212-358-2800

NYS Bar Association

1 Elk St.

Albany, NY 12207

518-463-3200

ACA International

PO Box 390106

Minneapolis, MN 55439

952-926-6547

Commercial Law League Of America

70 East Lake St.

suite 630

Chicago, Il. 60601

312-781-2000

Some Things Going On:

This is a copy of a case I was following. 2006

FTC Stops Nationwide Debt Negotiation Scheme

September 22, 2006

Sentinel 5162

As requested by the Federal Trade Commission, a federal judge has issued a temporary restraining order against a nationwide operation that claimed it could reduce consumers’ debt by up to 60 percent, leading many people into financial ruin and bankruptcy. The FTC charged five companies, including Homeland Financial Services, National Support Services and Prosper Financial Solutions, and their principals with deceptive and unfair practices in violation of Section 5 of the FTC Act.

“These defendants are charged with targeting consumers who were knee deep in debt and luring them with false promises,” said Lydia Parnes, Director of the FTC's Bureau of Consumer Protection. “Consumers should be leery of anyone who says they can eliminate your unsecured debt, or that you can pay it off for pennies on the dollar. Debt negotiation can be very risky.”

According to the FTC’s complaint, the defendants have falsely claimed that, for a non-refundable fee of up to 15 percent of a consumer’s unsecured debt, they could reduce all of their unsecured debts, including credit card balances and medical bills, by as much as 40 to 60 percent. To the extent that the defendants initiate negotiations with creditors, they typically have begun only after a consumer has paid 30 to 40 percent of the fee, which could be up to three months after a consumer has stopped making payments to creditors, as the defendants have advised them to do, the complaint stated. The defendants rarely have negotiated settlements with all of a consumer’s creditors, and even when they have successfully negotiated an account, in many cases, the settlement amount is significantly more than 60 percent of what they owe.

In many instances, the complaint stated, the defendants have not contacted a consumer’s creditors to offer a settlement, and consumers who have stopped making payments have been sued by creditors or debt collectors, resulting in garnishment of their wages, additional interest charged to their account, interest rate increases, and late fees. According to the complaint, many consumers who have enrolled in the defendants’ program have seen their credit rating worsen substantially, and typically within six months of enrolling, most consumers have left the program and have found that their debt has grown as a result of penalties, fees, interest, and other charges.

The FTC charged the defendants with misrepresenting how much they could reduce consumers’ debt; not adequately disclosing the likelihood that consumers would be sued if they took the defendants’ advice and stopped making payments to creditors; not disclosing that consumers’ account balances would grow from interest, interest rate increases, late fees, and other charges; and falsely advising consumers that negative information that appeared on their credit report as a result of participating in the defendants’ program would be removed upon completion of the program.

On August 9, 2006, the court issued an ex parte temporary restraining order against Homeland Financial Services, National Support Services LLC, United Debt Recovery LLC, Freedom First Financial LLC, and USA Debt Co, LLC, and their principals, Dennis Connelly, Richard Wade Torkelson, and Joanne Garneau (doing business as Prosper Financial Solutions). The order froze the assets of defendant Dennis Connelly and appointed a temporary receiver over the defendants' businesses. On August 11, 2006, the court extended the asset freeze to defendants Richard Wade Torkelson and Joanne Garneau. A hearing on the issuance of a preliminary injunction and the appointment of a permanent receiver is set for October 11, 2006.

The Commission vote to authorize staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the Central District of California.

Some of My Favorite Sites

FTC: Federal Trade Commission
I had to remove the copy of the Law itself, it was too large. It can be found at this link. All Laws are at this site.
My Fav Law Site
To look up Laws, and Cases
CrimeTime.com
The best site when you need to find somebody! All Skip Tracers use this site
SkipEase.com
Another Favorite among Skip Tracers

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BrainFire says:
2 years ago

I'll be putting updates to the cases above in the near future. Stay tuned, and please comment or ask questions about how to stop a financial situation you're going through. That's whay I made this hub. We need to all join together and put a stop to the abuse in the collection and credit industry. I have heard way too many incredibly heart wrenching stories of the damages sustained by this type of situation being present in peoples lives. It has a terrible negative affect on every aspect of life. Joining forces is how we expose, and stop these violators...Please join in here if your are aware, or are currently being violated. I want to know about as many as possible.

Jeff says:
2 years ago

I own a business and the former owner signed a contract with the phone company for advertising in 2001. I purchased the company in December 2006. Now I am getting harassing daily calls and theats to damage my credit. I asked to see a contract with my name on it, the said the company owes the money and that is who the are after. Since I now own the company they are after me. All of the laws protect consumers, but not companies. What can I do ??

BrainFire says:
2 years ago

Hi Jeff! Thank you for your comments

Are they a Collection Agency? If yes, then they are absolutely required by Law to supply you with copies of the said debt.

What jumps right out at me is the Statute Of Limitations appears to be up! This just proves again, that they continuously sell our debts over, and over again.

Legally it's beyond Statute Limitations, they cannot Collect. Don't feel pressured, or bullied on the phone..You have a long list of Rights that entitle you to every stitch of documentation, you won't need it though.

Simply write a demanding letter instructing them to Cease and Desist from all Collection activity immediately, Certified, Return Receipt Requested. Site the fact that they are well beyond the Statute of Limitations, as well as harassing an unrelated "Third Party". Keep me posted I'll be interested in knowing what happened. You can copy some of the body in the complaint above. That's why I posted it. To guide people how to write strong complaint letters.

Take care, and Beware!

Thanks for the input, it's exactly what I want to hear about.

Dawn

JYOTI KOTHARI says:
2 years ago

How informative!

An exhaustive INFORMATION. You could write atleast 3 hubs with this material.

i rated it up. I wish i could it thrice.

jyoti kothari

"http://hubpages.com/_income/hub/earn-billions-on-n >Forget millions, earn billions on net</a>http://hubpages.com/_vardhamangems/hub/Motivation-

BrainFire says:
2 years ago

Thank you so much!

All of my hubs are information I've been literally storing up since I was around 17. I started working with the Marshals when I was 19, and the industry seemed to need more people like me. People who gave a hoot.

I have helped countless families gain back control of their situations with what I know, and I'm sure I'll continue. I have a well developed photographic memory, I'm able to memorize, and recall everything I read...if I deem it important.

My hubs are way for the general public to pick my brain, and use what I know. It's all for good...and I'm a firm believer in Good always wins in the end.

Glad to see you here too!

Talk to you soon! Thanks for reading, it's important to get this out to everyone. It can save one a world of trouble.

Thanks again,

Cheers!

Dawn

Elijah Litz says:
18 months ago

If a bill colector goes out of ther way to get your cell phone number and continuasly call you on your cell phone runnig your bill up is ther something that i can do about that

BrainFire says:
18 months ago

You bet there is!

You need to get the address for the company and send them a Cease & Desist letter immediately. You can use some of the body in the letter above for the wording. You want to instruct them to stop calling you, and provide full and complete documentation of the debt. You would want to send that Certified Return Receipt Requested. Under the Commercial Code, they have 30 days to respond. Copying the Authorities is also a handy way to stop someone in their tracks.

Many of the sections which apply to that are also there in the letter above.

A Bill Collector may not continuously call you ever. They can leave one message in one day. Not more than one. If you hang up on them, they cannot call you back, If they do they are in violation.

Also you can Go into your cell phone, and block the number possibly. Make note of everything they've done, and continue to do, from the start that you can remember, in case they don't stop. Then you have a serious Compliance case, and can win Money damages. Keep me posted.

Thanks for the comments, and visit.

Dawn

mark says:
18 months ago

I had back surgery 2 1/2 months ago and I am slowly getting back on my feet financially and all of my creditors have been informed of my situation and have been promised to get their money, just not on time. I still have one that will call me several times a day until I answer. I tell them that I don't have the money and will pay it as soon as possible. They keep telling me the only way to get them to stop calling is to give them a post-dated check. Do they have the right to call me this much?? Thanks

BrainFire says:
18 months ago

Hi Mark:

So sorry to hear about your back, I hope you're feeling better. That really is what's important.

A Creditor is usually allowed to keep a delinquent account up to 210 days max, with activity pending. The only way to de-age a Credit Card/Loan type debt is to make a minimum payment. This will bring it back 30 days, and allow the Creditor to hold onto it for another month. The actual Creditor not someone who bought the debt.

Typically accounts are written off at 180 days delinquency, being called each week or more...all the while. Each dollar must be accounted for, and substantiation for what has been written off as well.

Medical Bills/Hospital Bills will usually accept small monthly payments, due to obvious circumstances beyond your control.

Before making your next move, carefully analyze your situation. Determine (through math alone...no emotion) what your financial abilities are, and then deduct from there. Prioritize things in a Triage manner. Most important, to least important.

Upon analyzing the situation, if it's determined you cannot pay in any way...then you file Bankruptcy. It's a dictated, mathematical equation. There is no emotion, and it is strictly standard procedure, when you become a victim of circumstance. Something beyond your control, unplanned. This "is" the appropriate time to exercise your consumers right to protection. The very same way a large corporation files for protection.

A "Post Dated Check" can be accepted by Collection Agencies, and Law Firms "ONLY". The actual creditors do not have to honor a post dated check, including a Hospital, nor does any merchant.

It's typically used to stop collection activity, and commit to paying the debt. A "Mandatory" Notice of Deposit Must be sent to a party that has issued a "Post Dated Check" (No less than 5 days prior to the date on the check) to an Agency/Law Firm handling Third Party Collections, for any check issued.

No Company has the right to call your phone repeatedly, ever. Make note of the incoming calls, and keep a good log, it's also on their own phone report. If it continues, and you put them on notice in writing, they must stop. Everything is relevant and pertinent to your situation. Violations will mount if they don't stop.

There are many things to consider, the first is not to feel pressured by a phone call. You have the right to hang up on them if you feel threatened in any way. They cannot call you back once hung up on, if they do it's a violation of Federal Law.

It's best to make a small monthly arrangement, and try that approach if possible.

If they continue to call you like this...that's violating your rights, and would fall under harassment, and abuse.

Creditors themselves, are also being charged with violating the Federal Fair Debt Collection Practices Act

Hospital debts are considered "Sensitive Debts" because of the new health laws. As far as I'm concerned they always were. I've personally collected Sloan Kettering's accounts in the past, and had many a great conversation with patients from there.

Keep us posted, there is much you can do to restore your control in this.

Good luck, and Feel Better!

Please read my other hubs, there's a host of info for back pain, and many resources.

Thanks for the visit, and comments,

Dawn

mark says:
18 months ago

I should have been more specific with my explanation last night. The bank that keeps calling me is citifinancial auto. Any time I am a week late, they start calling. I am not more than 3 or 4 weeks behind on anything. I am just trying to get back to where I should be and they are just annoying the crap out of me and refuse to stop the calls eventhough I will most likely make the payment next week which will be 3 weeks late. I even asked them where to take the car so they can reposess it and they said they don't do that. When they asked why I don't want the car anymore, I said "so you will quit calling me every day". I really don't have intentions of letting the car get taken back, but it would make my phone quit ringing. The operator I spoke to last would not let me talk to her supervisor because I did not have a good enough reason. She also told me there is no way to make the calls stop. I have not missed a payment in 3 1/2 years and have just recently startde making delinquent payments. they have offered to let me skip a payment by postdating a check, but I do not want this loan to go one more month than originally agreed upon. Thank you for your help.

PS my back has been great! thank you for your concern.

mark says:
18 months ago

I forgot. What about the next few months while I try to get caught up??

BrainFire says:
18 months ago

Well that puts a spin on things...lol

Until you go 30 days past the due date, you are not late. Feel free to put a notice in writing that they are to immediately stop calling you, and must now communicate with you in writing. Certified Returrn Receipt Requested always. Copy a few Authorities for good measure as well. They will have to abide by that, especially if it's your cell phone.

Now that the Market has Crashed you're going to see a lot more abuse of the laws, and people getting more desparate, including Bill Collectors.

Just continue as you are, you're doing fine. Consistency pays off in the end anyway.

Block the call if you can. But inevitably they must abide by the letter you send.

Good luck, let me know if you continue to have a problem.

Take care,

Dawn

mark says:
18 months ago

thank you for your help. You are too kind to give this information out without charging a fee. Thanks again and take care. Mark

BrainFire says:
18 months ago

Thank you Mark.

I know that if I tell you, you will hopefully tell your friend, and so on. Pretty soon we'll all be educated on these subjects, and they'll never get away with this anymore!

I've owned, and run several different companies, and I find that educating people on the things the culprits don't want you to know is quite effective.

Please feel free to raise a question any time.

Take care, and thanks for visiting!

Dawn

BrainFire says:
18 months ago

UPDATE:

The company who the above complaint is directed at...is still harassing me.

What that means is they are continuing to rack up violations, while I ignore their constant calls. Keeping in mind, they are trying to collect a debt which was paid in 2003.

The next moves will be to file suit against them.

Here we go again. Please alert me immediately if you too are being harassed by the same firm. There is discussion already of a major Class Action against them.

I'll be posting updates as we go.

:)Thanks for the feed back!

Dawn

Joe says:
18 months ago

Wow! There's some scary stuff here.I've never actually had a debt go to collection, but I did have my mortgage company call me for a late payment just last month. It was 1 day late! (got held up in the mail). I guess the subprime debacle and foreclosures had them on edge. They were a little bit pushy (especially for a 1 day delinquency) but they never threatened to take action.Thanks for the useful information!

BrainFire says:
18 months ago

Your Welcome...Joe!

A personal quest of mine. I am not happy with any of this going on. This Hub will hopefully expose what's going on, and help educate people...for free.

For the good of the many. Spread the word!

Thanks for your comments! Watch for the Updates... :)

Dawn

melissa says:
17 months ago

I just stumbled across your hub and I think that it is great. I got so screwed on a car between payments and constant problems that I finally gave it back. Now they won't leave me alone. It is my own fault but the call constatly and wake my new baby up. I know that I owe the debt but the call once in the morning if I hang up they call back if I hang up again they call back again. Then they will call again at night and call my fiancee a liar when he says that I am not home. Which is true but they still shouldn't say that. Because I do owe the debt and it is my fault is there anything that I can do? Just an FYI I am not a bum I had a baby and for financial reasons I have to stay home with her. Plus it is better for the baby to be with her mother. I only make $220 a week is there anything they can really do?

Thanks,

Melissa

BrainFire says:
17 months ago

Hi Melissa!

Thanks for visiting, and commenting.

The situation is unfortunately typical. However you can stop them if you get the necessary information on them. The copy of the complaint letter above gives you some of the wording to send them a Cease & Desist letter by Certified mail. They definitely sound like offenders, and I would set out to get all their info. the next time they ring your phone.

Depending on where you live, they would be limited at to what they can do. Calling you back after you've hung up on them is a definite violation of the laws. Everything you've described is just another example of how rampant this abuse is.

They are attempting to collect a deficiency balance on a car installment loan. Large balances usually get the most attention. They usually must verify an Asset of yours in order to sue you. Typically they will not sue unless an Asset can found to attach.

If you're in a Garnishment state, they would only be able to take $22 of your gross pay check, or 10%. They would have to have already sued, and gotten a judgment, and began executing on it.

Should you wish to take further action, you can email me further details at: AlertPatrol@gmail.com

The only thing they seem to respond to is educated people who put them on notice legally. Otherwise they seem to think they are above the law, as I've witnessed too many times. As long as they think they can get over...they will. You may qualify for Bankruptcy too, which is always an option to consider.

This is a "Bottom Feeder" Industry, and since the market crash I'm seeing a substantial increase in violations.

Most importantly: Congrats on your New Baby! :)

Don't take the calls, and send them a Cease & Desist Letter, and spend some time deciding what your next move is. You always have options, don't worry! :)

Take care, and stay in touch!

Dawn

Jeanine says:
17 months ago

Is there a law against companies calling on Sunday or only during certain hours to collect a debt? I am a little behind on both first & second mortgages and they call constantly, even on Sunday.

BrainFire says:
17 months ago

Hi:

They are allowed to call on Sunday, unfortunately. However you can put them on Notice. Send them a letter instructing them to communicate through Mail Only.

Creditors themselves (who are collecting on their own behalf) have been named in Collection Violation Law Suits. Even though they are not totally bound by that particular Act, they have been held accountable in spite of that.

A delinquency on any account will literally invite them into your life, but you can still send them a letter by Certified Mail telling them to stop.

If you'd like to explore some options I have for people to consolidate, to get out of situations like this, I may be able to help you. You can email me direct at: AlertPatrol@gmail.com

Good luck, and take care,

Dawn

melissav says:
17 months ago

Sorry that it took me so long to respond but thank you so much for your help. I will start with the letter and I will let you know what is going on from there. I actually think that there are two companies coming after me for the same car debit. Wouldn't that be cute. Oh well. Thanks again!

Melissa

BrainFire says:
17 months ago

Hi Melissa:

It's very possible that the debt was sold to more than one company. It's not a well managed part of the industry.

The debt in the complaint letter above, the one I paid in full over 5 years ago has now been sold to yet another law firm! Who is also proceeding to harass me. It really is unbelievable that companies have resorted this.

Meanwhile, with this type of activity going on, it is going to have the same, if not worse rebound affect that the Brokers had on the Banking/Mortgage/Real Estate industry, Fraud is what Crashed everything.

Now it's apparently Ramped up the Collection Industry, along with the Factoring Industry. Being the Main "Bottom Feeders", they are incorporating even more illegal tactics to cash in on Bad Paper they bought.

With the Crash of the Market, you can imagine how many people can't pay their bills now. It's overwhelming to every entity involved in the chain.

From the Creditor, to the Sheriff who serves the final papers, and everyone in between. Many people are now swamped with legal action from debt owed.

I'm hoping to spread the word on various ways of handling this growing problem.

Good luck and stay in touch!

Glen says:
17 months ago

I had a loan with Americredit on my truck, my bankruptcy was discharged last week, and they have made no attempt to take the truck back. It is worth over 16k still, even though I paid more than I borrowed already, I still did not pay it off due to interest. I have heard of companies that never come for the vehicle after a chapter 7, but they were worth significantly less. How long do they have to ask for the truck back if they are going to take it. And do I still have to have it fully insured in the meantime?

BrainFire says:
17 months ago

Americredit is a paper funding agent, they would charge back to the Dealer, (if possible) if a loan goes bad, and they could farm it out to a management company also. That's your typical situation. They can Collect any way they choose within the law. They are the lien holder, so they make the final decision on what move they make.

It's quite possible they may just close the case, and not come to pick it up. It's at the discretion of who holds lien, and their company policy. All creditors have the right to forgive a debt, although uncommon it has happened. I'm thinking it's not likely.

They are definitely entitled to it legally, unless certain factors are present.

Some factors that I would need to know: The State Filed, Was the Loan Delinquent at the time of filing, was it counted as an asset, or a current liability. It could also be exempt.

Depending on how much was paid, and how much equity it may have had, that would dictate certain things in a Bankruptcy.

I wouldn't make any hasty moves just yet, until you've confirmed your position. Insurance is up to you, although certain areas require you to have a vehicle insured to have it parked somewhere.

Please keep me posted.

Thanks, for visiting, and posting your question!

John Cash says:
17 months ago

Extensive article!

A great resource for UK Debt matters is http://www.debtadvisersdirect.co.uk/Debt-News.asp

Cheers

BrainFire says:
17 months ago

Thanks so much John!

I appreciate the feedback. The link is great.

Take care,

Cheers!

Deborah says:
16 months ago

hello!

One of my credit card companies (after not receiving a payment for over seven months) has turned my account over to a bill collector.

I talked with her for the first time a week ago, and told her that I would call her back in seven days. She instead called me (not before seven days) to inform me that my account had been 'approved' for a legal action if we don't take care of this immediately.

Right now I have no way of paying this or any other credit card bill, and my questions are:

Isn't she jumping the gun a bit? She's only had the account for one week.

Also, how long do I have before she truly can sue me?

And lastly; how much money owed would be enough to be worth their while to actually go after me in court (after all the late fees, over the limit fees, etc., they now tell me I owe them almost $12,000.00)?

Thanks so much for any answers!

Deborah

BrainFire says:
16 months ago

Hi Deborah:

Thank you for your comments.

First of all if she's only had the account for a week, then she's already in violation of FDCPA, because you would've "had" to receive notice from them, which would indicate you have 30 days. She sure is jumping the gun. However they have found a few ways around this. It doesn't sound like it though in your case.

The balance is certainly high enough to sue, or motivate one to sue. However they would typically be told to locate an asset on you, such as a job, a bank account, or other type asset before they would proceed. That's your typical scenario. Should someone sue you without having that knowledge, they would be setting them selves up for cost, and an uncollectible account. Just because someone sues you, doesn't mean they will collect.

As far as your remedies, you sound like you qualify for Bankruptcy. You have no ability to pay them now for 7 months. Something happened which created a situation beyond your control, and is continuing to snowball on you. Otherwise, obviously you would've continued to pay them.

It's approximately $200 to file a Chapter 7, (no assets), due to inability to pay.

Any account you can manage to keep current could be left out of the bankruptcy.

There is always a way to deal with any given financial situation. Knowing your options is always the best place to start.

The fact is that Bankruptcy "is" one of Your Consumer Rights. Should you find yourself stuck in this position for an extended period. You can continue to establish your credit, and place a Consumer Statement onto your Credit Report...visit: http://www.annualcreditreport.com/

Do let us know what happens, and please post any questions you have.

Thanks again!

Fed Up says:
16 months ago

Hi! Boy I hope you can help me. A company going by WWR & Assoc and Worldwide Recoveries, LLC out of Santa Ana, CA kept calling and bothering my sister. They never read the miranda and never mailed her anything. Left several messages with our Mother and even spoke to her about it. Unfortunately, before my sister told me what was going on she had already given him bank info and authorized $201 to be taken to try to shut him up. Turns out if it was her debt it was from 6 years ago. Our concern is if they are legit and they come after us. I do not think we can write a cease letter at this point. But they are breaking all of the laws so why cant we call them on it. HELP! Thank you so much!

BrainFire says:
15 months ago

Hi:

You can always write a Cease & Desist letter no matter what. The chronic problem is that these companies continually buy bad paper. Why they are buying paper beyond the statute is an indication that they really have no clue what they're doing. I've been in the business well over 25 years, and I myself would not buy paper older that a year or two.

None of these companies that buy bad paper are doing "proper Due Diligence" whatsoever. It tells me that they are not able to differentiate between what is good collectible paper, and what's not.

You have to send a Cease & Desist immediately, Demanding the amount paid be returned to you within 72 hours. Indicating every single thing they did...in the letter. Then you will mail it Certified Return Requested, copying the Authorities listed above for your appropriate area. They have to return it to you. Especially being that you will identify the "Strong Arm" tactics used to bully, and threaten her into giving her banking info.

Please keep us posted as to what happens, it does look like you may have a case against them. Stay strong, and instruct them they are not to call you, or anyone in your family again, for any reason.

There are a lot of complaints on the web, against the individual you encountered. It indicates there is a problem.

Let us know what happens.

Thanks again for commenting!

Joe Sellers says:
15 months ago

How's it going? I agree with what you are saying and more people need to be aware of how the industry works. Unfortunately most of the people don’t take the time to research the information that is required to help with their situation. The internet is a great tool for gathering useful information and will increase your knowledge of the industry but can also provide them with the wrong facts and can put them in a worse situation. On most of the sites that I have come across are just repeating something they read or heard from a friend and don’t take the time to actually do the research to make sure that the information is true before telling someone what to do. I like that you are actually providing accurate and beneficial tips that will help someone out if they are having a problem.

The creditors who purchase the debt are bottom feeders and prey on the ignorant consumers and use unethical tactics to manipulate people into paying on their debts. This is another reason why people need to look into the Fair Debt Collections Practices Act and at least know a little bit of the laws that are in place to protect the consumer from the creditors and collectors. Sorry to cut it short but I have to go. Thanks.

BrainFire says:
15 months ago

Thanks for the feed back Joe!

It is important to educate the public on this. It's going on everywhere.

Another interesting point to all of this is this: It will continue because they can afford the Settlements they make with the people they abuse, so they may continue what they're doing. Many Settlements across the board, very quietly.

The moral is don't shy away, and Do take the necessary action. You have the same chance of success in any given case, that anyone else does.

Thanks for being part of the quest for what's right!

Take care:)

Julie-Ann Amos says:
15 months ago

Nice hub, I've linked one of mine to it as the topic is relevant

Jesse says:
14 months ago

Hi, I have a problem that wish someone can help me with. I have been receiving calls from a debt collection law firm that is looking for a guy that is not me, as you can see, my name is Jesse and they are looking for a guy named Vincent K.

they have called me quite a few times, sometimes waking me up early in the morning, I have called the law firm about three times and they said they would take my phone number off their list but still keep on calling me. unfortunately I must have a phone number that used to belong to the person they are looking for. So what can I do? can I tell them I am going to report them to the Federal Trade Commission, the BBB and the Consumer Affairs? will that work?

thanks for your help.

Jesse Ramirez.

BrainFire says:
14 months ago

Hi Jesse:

Thank you for your comment.

Unfortunately they may be picking up the number frorm older records. You probably have a reassigned number, that Vincent K used to have. Many, many people are going through this very same thing. There is a few things you can do.

You can request a different phone number from the phone company. You can write a strong letter to this firm, using some of what is written above. The problem that will usually happen is the bad debt will be resold to the next firm, and they too will be calling, because the information they have is old. Then when they run a search, the data is out dated, and they will come up with his old number again, until it gets updated.

This is a constant problem in collections, and I doubt it will get better.

Possibly, you could somehow block the calling number? I'm not sure if you have that option, but it may be worth looking into.

I am dealing with the same thinng frorm a debt that was paid in full over 5 years ago. It just never stops. This is why I am moving to file suit. There are 2 new agencies harassing me, one for a former tenant who skipped without paying. One for the old debt that was paid.

Verbally telling them to stop, doesn't work. Writing a letter, putting them on notice does, have a bit more impact. However as you can see, it failed me this time, and I'm now moving to file suit, because they refuse to comply.

I'm thinking in your situation, you may be better off getting a new number, and end it once and for all. Keep us posted on how it works out.

Thanks again for your feed back!

Steven Ahmad says:
14 months ago

Wow! This hub is epic!

BrainFire says:
14 months ago

Thanks, Julie-Ann, and Steven:

More so...what's happening in the industry, and our Fraud based collapse is really much more Epic. To levels I'm not so sure people realize. This is a devastating blow to every industry, and the people of our Country. Hopefully things will work out and we'll turn it around.

Being healthy, educated, and armed with knowledge to combat the many problems currently going on, is an appropriate adapted reaction for people in the days to come. It's not over yet. We're only in Stage 1 of the wrath of Greed.

Prepare for the Storm of The Century...the one you won't soon forget.

Batten down the hatches, and prepare. Pay attention to what's going on, and spend your money very wisely.

This hub has been created for Consumers to voice their concerns, and have access to the copies of the Laws that protect them, as well as possible Attorneys who can represent them.

There are actual Laws that protect Consumers...Although if you have seen what I have seen, and witnessed...you could be scratching your head saying...what happened here?

The bottom feeders of our industry are scrambling to meet quota. People have no way to pay huge debt that's owed. There is no Lender to turn to for a quick refi. 285 Lenders are out of business, with more to join them soon.

Pay attention to your situation, and plan to make changes to adapt to what is going on. This applies to everyone.

This has not happened before, and there is no one person who has experience in dealing with it. The comparable event is the Crash of 1929. A Wonderful Life comes to mind as well.

This is where the people step in, and make better decisions based on our current status, and adapt accordingly. A People based Society, making decisions for the Good Of The Many.

This Crash has direct impact on the Collection Industy, and it's only going to get worse. They will get fired if they miss quota for an extended period. It's not the most pleasant job. To Stay Informed, is to stay Armed.

Take care, and thanks for visiting.

Myron says:
14 months ago

I recently got out of the marines and starting to settle back at home. Me and my wife have been getting phone calls from ford Credit three times a day. I talk to them and my wife talks to them telling them the situation. the only income we have is UI. we pay them as much as we can each month, but phone calls keep pouring in. They have called my mother in law (co buyer) at work also. weird thing is that its not past 30 days yet. is there anything i can do? thanks

BrainFire says:
14 months ago

Hi Myron:

Thank you for commenting.

The most effective way to stop the calls is to put them on notice. Send them a Certified Return Receipt Notice of Cease & Desist all communication, except in writing. They have to abide by that, and usually will.

You're going to see a lot more of this type of activity now, in conjunction with the banking system collapse. All creditors are going to be scrambling to make sure they get their payments.

Collections are down right now, and it's only going to get worse. Prompting the wave of even more calls, to the people of our Country who have just been victimized by our leaders. Thank them for the constant harassment.

Please keep us posted, and pose any scenarios you wish to discuss. Should legal counsel be needed, I am linked up with many Attorney's who represent cases in the collection arena. I do not think you'll need to go that route though, unless it escalates into something else.

Creditors themselves are allowed to call you, they are not actually bound by the collection laws. However there have been a number of cases in which an original creditor was sited and charged with violations in the process of collecting their accounts in house.

Once they are put on notice, they should stop calling.

Thanks again for visiting, and commenting. I hope the phone calls stop!

Thank you for representing our Country in the Military. I'm glad to see you are safe. :)

Please come back to visit again soon! :)

mrsmcdermott07 says:
13 months ago

wow this is one interesting and well written hub! Im going through execution of debt right now in the state of NC. Ugh, I didn't know they can come after your personal posessions. I really don't have anything, but they don't care they are still making me go through this process.

BrainFire says:
13 months ago

Thank you for your Comment Mrs. Mcdermott!

I hope eveything works out well. If I can be of any assistance, please feel free.

Good Luck, and take care!

Tammy says:
12 months ago

Thank you for sharing all the great information. I'd like to ask a couple of questions, if I may?

1) Is a collection agency legally allowed to call a persons place of employment?

2) Also depending on the answer to the above question, if you work for yourself and use a cell phone for business and customer contact number can they call the cell phone?

3) They are the same questions, but re guarding a credit company instead of a collection agency.

Again Thank You

BrainFire says:
12 months ago

Hi Tammy:

Thank you for your comments!

A Debt Collector will call any number contained in a file, or that they find in their travels. The will call a place of employment until someone either tells them to stop, or you put it in writing, that they are to communicate with you in writing only. Or that they are not call you at work.

All Debt Collection is handled basically the same way in the industry by all creditors, agencies, and law firms. All firms will call as much as they can within the law, and some go well beyond that.

Putting things in writing, and making paayments is really how to calm things down if someone is really calling a lot. If you feel like you're being harassed, you can elect to speak to one of the supervisors, or put a letter in writing to stop them from calling. A copy of the laws below, for the FTC: FDCPA, which are PDF, and printable.

Good luck, keep us posted!

Fair Debt Collection Practices Act File Format: PDF/Adobe Acrobat - Full text of the law governing third party collection of debts.

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf -

mark says:
12 months ago

I wrote to you a few months ago and found your advice helpful. I have now found myself in a situation where I need surgery on my knee and have had to replace my heat pump inside & out. That was a substantial expense that I had to let everything go to be able to pay for. I am now 3 months behind on some credit cards, but want to get current again, but have turned them down on their offers because they only want me to give them guarantees of payments for the next 3 months. I would do this, but if I tear up my knee worse 2 weeks from now, I am not going to pay them and let my family go hungry. What is the best way to address this situation? They are not calling much at all, but I have told them I will not allow anyone to have acess to my checking account with my health situation. I was close to being caught up from my back surgery when all of this happened, and was forced to pay for some medical treatment to find the problem. I would like to get caught up on everything before I try to save the money for my knee surgery. Should I try to do that and get behind again or just get WAY FAR behind and try to dig out from there? I really don't want to file for bankrupcy if it can be avoided. Thank you so much for what you do.

kristee walter says:
12 months ago

are depbt collectors allowed to come to your house? and if you are not home at the time they stop by, are they allowed to talk to your neighbor and give them a message for you to call them?

BrainFire says:
12 months ago

Hi Mark, and Kristee:

Thanks for your comments.

Kristee I doubt anyone came to your house. It's standard procedure for Collectors to call neighbors to leave a message. Back in the 60's, 70's, and 80's (I go back to 1982 in the business) A knock at your door wasn't far off. Some of the companies were known to visit a debtor to make arrangements for payment.

Call back and make some sort of partial payment per month. Or you can examine your finances and decide if Bankruptcy is an option.

If you want to get really technical, it's not actually up to a consumer, given the fact that creditors can move to have a consumer declared Involuntarily Bankrupt. It takes 2 creditors to join together to force it. They pay the fee's to the court, and you are bankrupt shortly thereafter.

The same applies to you Mark. If your do your "Math"...the answer will dictate your next move. You must remove yourself from the financial circuit, and revamp. When you "are" able to pay, you then join back in the financial circuit.

This is why a creditor can join with another to take you out. They have to protect themselves from you coming back again, and eliminate the potential for you to continue this type of activity.

Here's how to gage your financial Structure:

Self Employed: Form a Corp: Pay yourself a Salary. (Pay Taxes) (File Them).

Salaried/Draw/Per Diem, Hourly, etc.

Show an average Balance in your Checking Account of: 3-4 times the amount your Total Monthly Bills Equal. Let that also dictate how much Debt you allow yourself to become obligated to pay.

No more than "One Quarter" of "Your Income" should be going out to your Bills, Including everything.

Making a Cash Living, and not running the Cash through your bank account is going to work against you in the long run. Not to mention it's Tax Evasion. This is not a correct way to set up.

Everything is geared on a 26/36 DTI...Debt To Income Ratio. If your ratios are off, this is why you have difficulty gaining new credit.

Fha goes a little further. 36/44, and will consider extenuating circumstances.

Bankruptcy is dictated if your ratio is at 100%, with no way out, and no increased way of paying it back. You can't force math. If you cannot pay, you are actually required to make a move. If you choose not make a move, it's still a choice you are making. It allows everyone you owe the opportunity to get a judgment against you. Which only brings very negative results.

This is not an emotional decision...it's a Business decision, and it's a required that you to make intelligent moves in a shared society of people. You will be affecting "Tomorrows" options offered to people, which are affected by todays actions or non-actions.

In the 90's, (at one point) we had $115 Billion outstanding in Credit Card Debt. $96 Billion of it was Delinquent. It gives you an idea of how bad it was getting, even back then... Here we are today.

Everyone is part of the big picture, and each little effort, and action contribute to the future, and destiny of how things will develop. Currently we are on course for a destined failure. As long as the people continue to succumb to temptation of Credit Extension.

By not doing what is Dictated as your next move...You are actually Inviting these people into your life. Which in turn will monopolize your time, tie up your phone, cause endless inquiries on your credit, and increase your damages, and stress.

Debt is strictly business, and there is no room for emotion. Once you have emotion involved, you've lost. Nobody on the other end is getting emotional about you owing these debts. They get a Tax Write Off. It's strictly Business. Period.

The Debt Collection situation is only growing worse right now. They are being bombarded with paper they can't collect. The best thing they could do is take payments from everyone they can. Unfortunately they probably will not do that. The sense of greed is so high in this industry, collectors seem to pass up the payments. Not all of them but many.

The best advice I could give today in lieu of the market conditions is make the call to the Creditor. Don't wait until it's released to the vultures of the collection industry. It's like releasing your personal information all over the place. It's really not a wise thing to do.

Now Finance Companies are doing all of their Underwriting in other Countries, like Sri Lanka, and such. Our personal information will be traveling all over the world, to decide if you are worthy of "Credit Extension"...Scattering America's Financial Documents.

This is what we have to look forward to as a result, of all the past decisions that failed.

Guide yourself accordingly, and you will survive this Storm Of The Century.

Keep us posted, and thanks again for visiting.

red1 says:
11 months ago

hello.

i have some questions. let me explain my situation first. In January of this year I lost my job (I was a courier (sub-contractor) for a company that did delivers primarly for banks),because of check 21. Well I managed to save up some money and along the way I also have done some fullin work for this same compnay and also I was hired by the local library (before this I did Volunteer work for them, (because my grandmother works there and the director got to know me becuase of this), when I would do this volunteer work sometimes the director would send me a check for different amounts and sometimes he would not. One day he asked me to come and to see him. The reason is becuase he liked my work, (when doing the volunteer work, he did not know how long I was there, because I would usually come in after they closed, so he would send if they had the funds a check sometimes.), he felt that it was not fare to me to do this work and not getting paid for it all of the time. So he put me on the payroll.

But here is a problem that I am having. This job at the library does not have any set hours. I only work when a computer is down. Sometimes I only work a few minutes or a few hours. In September and October I did not work at all.And in this month of December I have not work at the library at all and it is the 23rd. The most that I have work in one month is 28 hours, everything else has for the most part been a lot less, a lot less. So I have to call them each week and ask if there is anything that I can do.

And the filling in a the courier service is only when someone is sick or needs a day off.

So I do not know when or how long I will work.

But all of this time I have been paying all of my bills on primarily on what I had save up and what little I have earned.

But now I am running out of money. What I have heard is that because of being self-employed that I cannot get unemployment in Missouri. I am going to soon apply for unemployment and see if that really is the case.

I have called most of the creditors that I have. So far they some of them have said that there is little that they can do to help me. In fact one of the banks (one that recieved some of the tarp money) told me to go out and get a loan to keep paying them.

Also back in 2004 I had almost all of me debt put into a Consolidation becuase I has paying interest here and there. Otherwise I was doing fine with the debt. I was not missing any payment.

I have never been in this type of situation before. I am worried and to be honest scared. I just wish I could fine a job that would allow me to continue to pay off this debt.

So basically I was wanting to know what options do I have. I am worried that things will get worse. I do not want to do any harm to myself for the future is possible. So is there any Strategy or ideas/options that I can use if things keep going south? I am worried that I will be looking at a worst care situation. But probley that is my imagination at work.

I know that this is long, but I would like to say thank you for taking tiime to read this and for your thouths.

red1

BrainFire says:
10 months ago

Hi Red1:

Options are always there. Providing you understand their purpose. When one has no ability to pay, as agreed, a Bankruptcy is dictated.

Meaning it's your Consumer Right To File a Bankruptcy, and it's also "your Duty" to take yourself out of the credit circuit. It's dictated by "your" particular financial situation.

The other options are to make arrangements. However by doing that, and going without food, or basics in life does not make sense.It also extends the Statute Of Limitations on the debt, meaning it will remain on your credit for much longer. Thus preventing any new credit establishment. It's not mathematically logical.

There is no emotion in this, it's "Strictly Business". Trust me nobody at any of your creditors offices are going home thinking about you at night.

Dragging it out is not good either. You're giving people the opportunity to sue you. Which would obviously be fruitless, but nevertheless they do this all thte time. It's common place, and you're just another number.

Adopt a Mathematical Attitude, and you will be able to follow that route more precisely. Making appropriate decisions without emotion.

Also you can immediately re-establish your credit once the bankruptcy is done. Should you decide to follow that path.

Keep us posted, and take care...Live life a little, and don't let the debt get to you! I am an authority in the business, and I give you permission to relax.

It's funny to me how it's always the honorable people who feel guilty, never the criminals.

A Bankruptcy stops everybody in their tracks.

P.S. I am in the process of opening 3 new Law Offices with 2 Attorney Partners. Due to the Fraud present in our society, a new demand has come into play. People need help!

Take care, visit soon! :)

Moore says:
7 months ago

hello.

I have a truck loan through a dealership. I have never been over 30 days late. i got behind one month and was paying about 24 days late. The collector called me and after trying to verbally embarrass me we finally decided to defer a payment to catch me up. I had to sit at home a couple of days from work so I am paying a little late again, about 15 days. The collectors call me about 9 times a day and leave messages. Sometimes they threaten "legal action" whatever that means? Most of the time I don't answer, because it stresses me out to here their rude comments. My wife talked to them and told them that we will pay them every month like we always have, it just might be late. They argued with her and she had to hang up on them. They continue to call and leave rude messages, like " you need to take responsibility" or "your always late so whats up" I cannot take it anymore. I have never been past 30 days late, and from what I have heard it cannot go on credit unless your 30 days late. Can I take legal action? Will I win? Is what they are doing wrong? Please help me.

BrainFire says:
7 months ago

Hi Moore:

Thank you for your comment.

If the Debt is with the original creditor, and you've been paying on time the whole time, they would have no reason to threaten you at all. You are not delinquent until you reach 30 days past the due date.

I'm seeing many firms blatantly violating the laws right now. They will continue, until someone comes along to stop them in their tracks.

You could definitely have a case, and if it continues after putting it in writing, then you will for sure. Will you win? Probably...How much? Depends on what they did, and how much damage. There are various aspects of a case too. Civil, Credit, Fair Debt laws and Acts to be considered.

Your Credit Report should reflect that. You can check it for free here: http:www.AnnualCreditReport.com/ (All three Bureau's)

What you need to do to is put it in writing. You need to tell them in writing to stop calling you. It's an Order to: Cease and Desist Immediately. They can only communicate in writing from that point on. Write a letter to them. Copy some of the letter above, send a copy to your Family Attorney, and the Authorities above, (in your area). Send it Certified Return Receipt Requested. Make sure you identify everything they say or do. They are harassing you if they're actually calling that many times per day.

If it continues, call the police in your area, and report them for harassment. It is definitely offensive to be disturbed like that. I'd be interested in hearing how it turns out, after you put them on notice. Please do let us know.

Thanks again:)

P.S. Do not let their calls intimidate you at all...it's usually some poor kid that's being threatened about his job if he doesn't hit quota...they are starving in the collection business. They're swamped with accounts, but people can't pay as did before. It's all different now...everything.

I'm still being harassed by the 10th law firm now, that bought My Paid Debt...(Paid in full years ago). The Debt that caused me to write this hub! Look how long they've been harassing me now! It's batch and mail merge everyone to death! They Want to keep reselling the Paid debt,(in a Batch of thousands), because they got Duped, so why shouldn't the next guy buying the batch, right?

Suzanne says:
7 months ago

I am trying to decide to claim a chapter 7 bankruptcy or not for my credit card debt. which I have no means what-so-ever to pay now. I am out of work and finding that I can not find a job even at the local fast food places. I might wait however and let them win a judgement against me if it comes to that and then claim bankruptcy. Can a judgement placed against me for credit card debt. also be added to a bankruptcy and will adding a judgement to a chapter 7 wipe out the credit card debt and the judgement? Thank you for what you are doing here! It is very hard to find help from anyone without paying way more than I can manage to come up with. Bless you!

BrainFire says:
7 months ago

HI Suzanne!

Smile in spite of it, there are ways to handle everything. Try to keep the emotion out of it. It's not necessary to be emotional about Debt. Debt is strictly business, and you need to tackle it that way. Things will go smoother if you proceed with it as a business transaction.

Keep in mind, these companies receive huge tax write offs, for every debt that is not paid. They are not emotionally missing you, or considering you. You're merely a number, on a piece of paper, in a dark warehouse somewhere.

It sounds like you qualify for Bankruptcy. It's usually around $200 in Filing cost at the Court, and you can file Pro Se. A Bankruptcy Kit can be bought at Staples, OfficeMax, etc.

You can hire an Attorney, or file it yourself.

Never allow anyone to get a Judgment against you, it's not productive, or logical. Especially if you're to file bankruptcy.

Call or write them putting all of them on notice that you're filing bankruptcy. They will stop proceeding legally. No Debt Collector can call you once you've filed Chapter 7. Should they not comply with the law, and continue to call, they will be in violation.

I hope everything works out, and please keep us posted so others can learn from your experience too! :)

This is all about Sharing knowledge for Power! People Power!

Take care :)

Sam says:
7 months ago

Hi,

You wrote;

"I am in the process of opening 3 new Law Offices..."

Can you please provide the contact info and addresses in which state its available.

Thanks.

Sam

BrainFire says:
7 months ago

Here are NY, CT, VA, India Attorney's I work with.

With an additional Legal Team who work Nationwide.

Stephanie Ovadia, Esq. 1800 - 922 - LAWS

NY Personal Injury, Fraud, Divorce, Genral Law and more. Vote Ovadia '09! Town Of Hempstead Legislator! Fighting For Our Taxes on Long Island!

Anand Ahuja, Esq. 718 - 850 - 1952

NY, CT, VA, India: General Law, Matrimonial, Traffic, Custody, Mortgage Modification, Foreclosure, Bankruptcy, Intellectual Property, Internet, Copyright, International, Business, and more.

BrainFire says:
7 months ago

For New Yorkers in Need of Legal Help:

Mortgage Fraud, Securities Fraud, Investment Fraud, Bankruptcy Protection, Foreclosure Prevention, Personal Injury, Divorce, Commercial, Business, International, Internet, and more.

Anand Ahuja, Esq. (NY,Va,Ct, India) 718-850-1952 Ext. 429 Dawn

Stephanie Ovadia, Esq. (NY) 800-922-LAWS Ask for Dawn

For Long Island, NY: Town of Hempstead Residents, and Business owners Stephanie Ovadia, Esq. is running for Town of Hempstead Legislator! We need her to fight for our Taxes! Vote Ovadi '09!

Thank you for your support!

mel says:
7 months ago

cool info!

mark says:
4 months ago

I have requested your help a few times over the last year and it has been very helpful, but this one means more to me than any of the other questions I have asked. I am way behind on alot of bills and I must have used my parents as references on a loan somewhere along the line and they are being called frequently by a company or collectore and I want to know if there is a way to have them removed from this situation. They don't need to be harrassed because of my financial situation. Thank you so much for all you do.

Mark

BrainFire says:
4 months ago

Hi Mark:

Thank you for your comments.

It is true that collectors will call other family members, as well as neighbors. You can certainly put a letter in writing to make them stop. Also who ever answers the phone, can instruct them not to call there again, since it is not your phone. They are really not allowed to keep calling a number that is not yours. It usually happens when they do not know who the number belongs to. Unless they are law breaking culprits.

You can issue a cease & desist (see body above for guide) and include that you want no communication directly, or indirectly with you. You would request copies of all charges, break downs, etc.

Keeping in mind you may be able to file bankruptcy, which will get picked up on all systems.

Them being called does not necessarily mean you used them as references. If they have the same last name, that could be the reason they keep calling there.

Note: All Debt Collectors are making small partial payment arrangements, because collections are down. Take advantage of that if you can. If you get a rude collector, ask to speak to their supervisor to get the arrangement. They would rather have you paying, than anything else.

I am still being harassed by the new firm who has bought my "Paid In Full" debt from 2003. They just keep reselling it, over & over. It's pretty ironic since I've been in the business 28 years now, and currently work for a large Law Firm. It's a sector of the business that is totally out of control. We are all victims of debt, and the people who buy it.

Keep me posted, and good luck.

Thanks again, and take care!

BrainFire says:
4 months ago

Note: all Debt Collectors are required to recite the 'Mini-Miranda", as well as have it displayed on the their letters.

It requires them to state: This is _____, from the ____ Firm. This is an attempt to collect a debt...any information obtained will be used for that purpose, please call_______.

Should they fail to state this when speaking to you directly, or on any answering machine, it is viewed as a violation of the FDCPA. Regardless of how many times they've spoken to you before.

I can tell you this. No collector is too thrilled with this, it slows down the pace, and causes a direct impact on the pocket. However it's mandatory, and regulated. The numbers on just how regulated it is, I have yet to determine.

All "3rd Party" Collectors, including Attorneys must do this on each call that they connect with a debtor, or an answering machine.

My prediction is that most will not adhere to this, and there will be a lot of complaints filed. Typically from past history, the indicators are not too good. Especially with the current negative market situation. Which is putting it very mildly.

The current market situation...How about we call it what it really is. "raking the population over the coals". See how many can actually survive. Throw in swine & bird flu, and really put a spin on things.

I'm not exactly thrilled to be associated with all of this, however I am that one nice person who the general public will get to speak to, and you will hang up the phone knowing that what I've told you is the absolute truth, and I will help you any way I can. I'm not perfect, but I do genuinely care.

There is no margin for abuse, or foul behavior. When someone reacts that way, I usually can find something intelligent to say to calm them down, and complete a great conversation, parting with a rapport. One they will not soon forget either.

I enjoy this business while speaking to people, aside from that it is very negative, and unpleasant in general. We're not talking about anything happy unfortunately.

The best thing I could say to avoid this entire circuit is to make as much money as possible, and do not go above 1/4 of you income, with debt. That's the best goal you could have. Whether you're there or not, set that as your goal.

Strive to be debt free, and do not succumb to advertising, and TV brainwashing to accept credit, you don't need.

Live within your means, and spend more time on "making money".

Even being debt free, I'm still being harassed, but I am debt free, except for housing expense...which is something I can be happy about. It wasn't easy, but it took precedence over spending, especially on credit cards.

Never buy "product" on credit cards, only make investments. Use it to invest in small IRA's, and other small investments if you feel compelled to use them. At least you'll make some of the money back at some point. To prevent yourself from becoming buried in debt.

May the force be with everyone to combat the stress of this overwhelming situation happening around the globe.

My thoughts are with everyone. :)

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who has made a million from writing online? posted by intriguewriter	28

Bill Collectors Harassing You? Action Can Be Taken

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