402-835-4196
NE, US
 | mama t 2011-06-06 20:47:14 Unknown |
I got a voice mail from the guy who said is name is frank latino and his working with the bad check depatment with the common wealth.. I have 72 hours call or I'll be going to jail... but the number he gave me to call back isnt this number it is 1877-397-9099
| Michael 2010-10-22 06:08:39 Unknown |
P.P.S.
Latter part of first sentence incorrect. Should read " .....I have NOT used him a reference...."
Latter part of first sentence incorrect. Should read " .....I have NOT used him a reference...."
| Michael 2010-10-22 06:06:54 Unknown |
P.S.
I do not have a traceable frienship with the guy who was contacted by ARC, i.e., I have used him as a reference or an emergency contact. The only business connection we have is he offered to co-sign a loan consolidation application several year ago through the Financial Services Division of one of the major national banks. I was assured by the local reps the loan would be approved; however, it was ultimately denied because underwriting requirements changed within 48 hours after I submitted the completed loan app.
The asset liability employment verification ARC rep had to dig deep to get that info. Again, do I have cause for concern? BTW, when I called the number after hours, the message said I had reached Global.
The phone number dialed is 877-643-1260. Anyone else had contact with that number?
I do not have a traceable frienship with the guy who was contacted by ARC, i.e., I have used him as a reference or an emergency contact. The only business connection we have is he offered to co-sign a loan consolidation application several year ago through the Financial Services Division of one of the major national banks. I was assured by the local reps the loan would be approved; however, it was ultimately denied because underwriting requirements changed within 48 hours after I submitted the completed loan app.
The asset liability employment verification ARC rep had to dig deep to get that info. Again, do I have cause for concern? BTW, when I called the number after hours, the message said I had reached Global.
The phone number dialed is 877-643-1260. Anyone else had contact with that number?
| Michael 2010-10-22 05:42:42 Unknown |
I received a call similar to those described above rfegarding bad check investigations unit and to call Frank Lupion. When I called a few minutes ago (after hours), the male voice greeting said I had reached Commonwealth (next phrase garbled), a full asset employment verification firm. He said if I am resonding to a summons or indictment, please have all case numbers available.
What is an asset employment verification company do? It seems fishy they would use words like summons or indictment because those would be issued by a local law enforcement agency in writing, not a phone call from a company from which I have never received anything in writing. I have had experience with similar threats and have ignored them.
I believe this started with a San Diego based company called Absolute Resolutions Corp. who called me for the first time in February, 2010 about a personal business matter involving me. Scott Walker was the rep who called. I had not received anything in writing from that company and I am not about to call back. They never identified themselves as a debt collector, so they are in violation of federal law for 11 illegal voice mail messages and about 30 calls where one of their numbers showed up on my cell missed call log with no message (potential fine of $41,000.
After five messages, a sixth message indicated he was calling about a legal notice sent to (he stated an address) sent a few days ago regarding a voluntary settlement. I moved from that address in October, 2009. I called my former landlady and she had not received anything like that nor had she had sent something back no longer at this address.
The messages got more aggressive and threatenting as I continued to ignore them. About two months after threatenting the asset liability investigation and employment verification
After a few calls, he said he must hear from me within a 24 hours or they would start an asset liability investigation. One day a company based in Bishop, CA called and left a message that due to my unresponsiveness, they would be conducting an employment verification and to call them.
Last week a friend from church said he had received a strange phone call from a rep from ARC looking for me about a claim and provided a claim number. My friend did not tell him anything, but the rep asked my friend to call him to discuss the claim. I have since learned ARC is generic for Arbitration Resolution (can't remember what the C means).
Two days ago, I started getting calls from Commonwealth based in Nebraska.
I see this whole thing as a way to scare people into calling them back to collect a debt when they have never bothered to send me anything in writing. I don't bother requesting something from them because what they are doing is illegal and they will argue with me and not provide anything in writing and be rude about it. Learned that two years ago when dealing with MTE Financial.
Even if I owed money for bad checks, it is not probable businesses or banks would go directly to local law enforcement, not use these clowns.
Do I have any reason for concern?
My plan is to ignore them and file complaints with the FTC starting with Absolute Resolutions Corp. I had planned to send them a FDCPA cease and desist letter, but to do so would involve letting them know more about my address or fax and would also have to contain weasle words about an alleged debt about which I know nothing. I wrote such a letter but did not send it because it seemed pointless to respond to an illegal action on their part. Now they have involved two employment verification asset liability investigation firms to what avail? I seem them as winners of the coveted Glittering Jewels of Colossal Ignorance and said so in the letter I didn't send because they knowingly violated FDCPA repeatedly and were going to have to pay federal fines through court action and I would get the bulk of those funds.
I have seen attorney adds to fight such nonsense and get the fines paid to me, with them getting a cut. I think I will call these companies tomorrow to see what can be done to make them pay and pay and pay!
What is an asset employment verification company do? It seems fishy they would use words like summons or indictment because those would be issued by a local law enforcement agency in writing, not a phone call from a company from which I have never received anything in writing. I have had experience with similar threats and have ignored them.
I believe this started with a San Diego based company called Absolute Resolutions Corp. who called me for the first time in February, 2010 about a personal business matter involving me. Scott Walker was the rep who called. I had not received anything in writing from that company and I am not about to call back. They never identified themselves as a debt collector, so they are in violation of federal law for 11 illegal voice mail messages and about 30 calls where one of their numbers showed up on my cell missed call log with no message (potential fine of $41,000.
After five messages, a sixth message indicated he was calling about a legal notice sent to (he stated an address) sent a few days ago regarding a voluntary settlement. I moved from that address in October, 2009. I called my former landlady and she had not received anything like that nor had she had sent something back no longer at this address.
The messages got more aggressive and threatenting as I continued to ignore them. About two months after threatenting the asset liability investigation and employment verification
After a few calls, he said he must hear from me within a 24 hours or they would start an asset liability investigation. One day a company based in Bishop, CA called and left a message that due to my unresponsiveness, they would be conducting an employment verification and to call them.
Last week a friend from church said he had received a strange phone call from a rep from ARC looking for me about a claim and provided a claim number. My friend did not tell him anything, but the rep asked my friend to call him to discuss the claim. I have since learned ARC is generic for Arbitration Resolution (can't remember what the C means).
Two days ago, I started getting calls from Commonwealth based in Nebraska.
I see this whole thing as a way to scare people into calling them back to collect a debt when they have never bothered to send me anything in writing. I don't bother requesting something from them because what they are doing is illegal and they will argue with me and not provide anything in writing and be rude about it. Learned that two years ago when dealing with MTE Financial.
Even if I owed money for bad checks, it is not probable businesses or banks would go directly to local law enforcement, not use these clowns.
Do I have any reason for concern?
My plan is to ignore them and file complaints with the FTC starting with Absolute Resolutions Corp. I had planned to send them a FDCPA cease and desist letter, but to do so would involve letting them know more about my address or fax and would also have to contain weasle words about an alleged debt about which I know nothing. I wrote such a letter but did not send it because it seemed pointless to respond to an illegal action on their part. Now they have involved two employment verification asset liability investigation firms to what avail? I seem them as winners of the coveted Glittering Jewels of Colossal Ignorance and said so in the letter I didn't send because they knowingly violated FDCPA repeatedly and were going to have to pay federal fines through court action and I would get the bulk of those funds.
I have seen attorney adds to fight such nonsense and get the fines paid to me, with them getting a cut. I think I will call these companies tomorrow to see what can be done to make them pay and pay and pay!
| X 2010-10-22 04:00:01 Unknown |
These people called and left a voice mail saying I had 72 hours to contact them regarding a bad check against my SSN and that unless I respond they'll have me arrested in the commonwealth I live in. They said to call 877-397-9099, I did call them and got some voicemail asking about employment verification or something similar.This is obviously a scam.
| cjalston 2010-10-07 23:50:47 Unknown |
Same as everyone else. Someone claiming I have a returned check and have 72 hours to respond. I have no such check so I am not worried about it.
| ROXY 2010-10-07 22:12:36 Unknown |
THIS IS B***S*** I'VE HAD THE SAME BANK FOR OVER 30 YR NO PROBLEMS
| Mike jones 2010-10-07 20:30:15 Unknown |
Commonwealthinc@gmail.com
Toll Free 800-376-9307
Direct 704-215-4938
Fax 888-315-1125
Toll Free 800-376-9307
Direct 704-215-4938
Fax 888-315-1125
| Sunny 2010-10-07 19:20:29 Unknown |
They keep calling me over and over leaving me voice mails that I have 72 hours to clear up a bad debt for a check. I dont even write checks. I called this number back and it is a mailbox of a Ms. Green which is always full.
| InPA 2010-10-05 20:20:29 Debt Collector |
Check out the notes for 877-397-9099.
Much more information over there.
Much more information over there.
| lamet 2010-10-01 12:32:00 Unknown |
Its illegal collection tactics - claiming bad checks in relation to PAYDAY loans. THEY CANNOT THREATEN TO HAVE YOU ARRESTED.
Used when there is NO PROOF that there is a valid debt and/or the COLLECTION AGENCY does not have the LEGAL RIGHT TO COLLECT IT.
Or cannot collect it because of the State bans on these loans and collections on these loans
False threats: Payday lenders sometimes threaten borrowers with criminal prosecution for writing ?bad? checks.
In fact, there is nothing illegal about writing these checks (if there were, payday lenders would be aiding and abetting a crime each time that they told a borrower to write a post-dated check).
Nevertheless, many consumers are terrified by these false threats of criminal prosecution.
if you live in one of these states - CONTACT YOUR ATTORNEY GENERAL FOR MORE INFORMATION
High cost payday loans are illegal in 16 states. As of the end of 2008, the following states outlaw these very expensive loans:
Arizona
Arkansas
Connecticut
Georgia
Maine
Maryland
Massachusetts
New Hampshire
New Jersey
New York
North Carolina
Ohio
Oregon
Pennsylvania
Vermont
West Virginia
Payday loans are also illegal in the District of Columbia, the Virgin Islands and Puerto Rico.
In addition, Congress banned payday lending to service members and their families.
1) Never assume they have a VALID DEBT OR LEGAL RIGHT TO COLLECT
2) Debt collectors MUST FOLLOW your STATE laws regarding licensing. Check your Secretary of State for licensing requirements for ANY collection agency that contacts you
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
Time-Barred Debts
http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm
There?s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors ? or if you dispute the legitimacy of a debt ? a debt collector may contact you.
?Time-barred? debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General?s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.
Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a ?debt collector? generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.
The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.
Collecting Time-Barred Debts
Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.
Whether a time-barred debt ? or any debt for that matter ? can appear on your credit report depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions. In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc.gov/bcp/conline/pubs/credit/fcra.htm.
Contact with Collectors
Can a debt collector continue to contact you about a time-barred debt you don?t think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you?ve been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you?ve gotten proof of the debt.
You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again ? except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn?t absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.
Future Collection Efforts
The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney?s fees. You also may want to report any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
October 2004
Used when there is NO PROOF that there is a valid debt and/or the COLLECTION AGENCY does not have the LEGAL RIGHT TO COLLECT IT.
Or cannot collect it because of the State bans on these loans and collections on these loans
False threats: Payday lenders sometimes threaten borrowers with criminal prosecution for writing ?bad? checks.
In fact, there is nothing illegal about writing these checks (if there were, payday lenders would be aiding and abetting a crime each time that they told a borrower to write a post-dated check).
Nevertheless, many consumers are terrified by these false threats of criminal prosecution.
if you live in one of these states - CONTACT YOUR ATTORNEY GENERAL FOR MORE INFORMATION
High cost payday loans are illegal in 16 states. As of the end of 2008, the following states outlaw these very expensive loans:
Arizona
Arkansas
Connecticut
Georgia
Maine
Maryland
Massachusetts
New Hampshire
New Jersey
New York
North Carolina
Ohio
Oregon
Pennsylvania
Vermont
West Virginia
Payday loans are also illegal in the District of Columbia, the Virgin Islands and Puerto Rico.
In addition, Congress banned payday lending to service members and their families.
1) Never assume they have a VALID DEBT OR LEGAL RIGHT TO COLLECT
2) Debt collectors MUST FOLLOW your STATE laws regarding licensing. Check your Secretary of State for licensing requirements for ANY collection agency that contacts you
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
Time-Barred Debts
http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm
There?s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors ? or if you dispute the legitimacy of a debt ? a debt collector may contact you.
?Time-barred? debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General?s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.
Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a ?debt collector? generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.
The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.
Collecting Time-Barred Debts
Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.
Whether a time-barred debt ? or any debt for that matter ? can appear on your credit report depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions. In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc.gov/bcp/conline/pubs/credit/fcra.htm.
Contact with Collectors
Can a debt collector continue to contact you about a time-barred debt you don?t think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you?ve been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you?ve gotten proof of the debt.
You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again ? except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn?t absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.
Future Collection Efforts
The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney?s fees. You also may want to report any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
October 2004
| sharon 2010-10-01 12:03:57 Debt Collector |
same thing 10:00 at night this Frank Lutino calls my phone and its automated telling me that i have written bad checks when I tried to reach the number he left I get a womans V/M such crap I have never written a bad check
| B 2010-09-29 01:51:42 Debt Collector |
They sent me an email on Friday, and called me today. I paid this company twice in the past year, for the same debt.
When I called this time I was told that I paid another company that is no longer in service, when I asked to have their mailing address so I could send them a letter asking for them to not contact me, I was hung up on. I called back multiple times and was hung up on.
They yelled at me and told me to lawyer up.
This has to be a scam.
When I called this time I was told that I paid another company that is no longer in service, when I asked to have their mailing address so I could send them a letter asking for them to not contact me, I was hung up on. I called back multiple times and was hung up on.
They yelled at me and told me to lawyer up.
This has to be a scam.
| spud 2010-09-29 01:10:59 Unknown |
same message as condulace
| condulce 2010-09-28 16:36:46 Unknown |
They called me over the weekend about bad checks and that I had until 72 hours to return the call. Been with the same bank for over 10 yrs and nope, no problems.
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