716-507-8480
NY, US
 | anonymous mother 2011-06-06 20:55:31 Unknown |
Dumb as a box of rocks
| Alfalfa 2010-01-15 16:06:19 Unknown |
You need to report them to the NY AG's office: www.NYdebthelp.com as they are blatantly violating court-ordered debt collection "reforms" by illegally threatening you with "legal action" to extort a payment (see my post dated 1/11/09).
Bullying is what these "Buffalo" debt collectors are all about:
Buffalo's Debt Collectors Accused of Bullying
By THE ASSOCIATED PRESS
Published: January 5, 2010
BUFFALO, N.Y. (AP) -- When Tobias ''Bags of Money'' Boyland went looking for a new career after serving 13 years in prison for armed robbery and drug dealing, he quickly found something that suited his sensibilities: He opened a collection agency.
It was, in some ways, a natural move for a young man in Buffalo. Desperate for jobs, this chronically depressed Rust Belt city has become home to one of the biggest concentrations of debt collection businesses in the U.S.
''Collections is the Bethlehem Steel of Buffalo,'' said Boyland, 44, recalling the industrial giant that once employed 20,000 people in the region. ''You can make a decent living in a town where there isn't a lot of opportunity.''
Between 5,000 and 6,000 people earning $30,000 to $40,000 a year now work at roughly 110 collection agencies in and around Buffalo, an industry created with the help of seed money from the state of New York. The industry has been a rare economic bright spot in Buffalo, the nation's third-poorest city of its size, a place where 30 percent of the people live in poverty.
Yet, law enforcement and consumer groups point to a dark side: Buffalo, they say, has also become a center for some of the worst elements in the business. Debt collectors, some of them convicted felons, have illegally posed as lawyers or unlawfully browbeat people -- threatening to have them arrested or stripped of custody of their children -- to scare them into making payments.
''Get some clean clothes because you're not coming home any time soon,'' one debtor was told.
As the sour economy leaves people less and less able to pay their debts, the collection abuses have become so flagrant and numerous that state and federal authorities have moved to shut down several Buffalo-area agencies where the most heartless and bullying telephone calls originated. At least 20 people have been sued or arrested on criminal charges.
Boyland himself was forced out of business and jailed in June after authorities said they caught him carrying a loaded, unlicensed pistol as they investigated more than 1,000 complaints about abusive tactics at his collection business.
The regional Better Business Bureau said that in the past three years, it has gotten 4,562 complaints about debt collection agencies in western New York. Of 213 agencies it has graded in the region, 104 were given an ''F.'' And of all the complaints about debt collection received by the Better Business Bureau nationwide last year, about 1 in 10 involved a company in western New York.
Collection agencies began sprouting in Buffalo in the mid-1990s as a spinoff of the city's then-growing back-office and financial-services sector. Like other businesses operating big customer-service call centers, the collection companies were drawn to Buffalo by its inexpensive office space and its willing and affordable work force.
A state development agency has sweetened the pot since 2001 with $1.2 million in grants to four collection agencies. It gave an additional $400,000 in October to a collection company that plans to double its work force with 50 new hires.
''Almost everyone knows someone whose son or daughter has worked for a collection agency,'' said David Polino, president of the Better Business Bureau of Upstate New York. ''This is one of the industries that used to be Bethlehem Steel, the Chevy plant -- all the places where you used to get out of high school and find employment 35 or 40 years ago, it's now call centers.''
Industry supporters blame many of the worst complaints on small firms operating on the fringe.
Twenty-eight of the region's collection agencies have a grade of ''A'' from the BBB for generating few complaints while setting up repayment plans for delinquent credit card accounts, medical bills or loans.
''The vast majority are great businesses that benefit the local economy, do a good job, are respectful, and then you've got a few that are just wacko,'' said John Nemo, spokesman for the Association of Credit and Collection Professionals, a trade group with 3,500 members.
Boyland blamed the problems at his nine companies on unsupervised employees who abused a chance to make good money. Twelve of his former workers have been arrested and charged with offenses including posing as law enforcement officers to intimidate people into paying debts.
When ''Dateline NBC'' did a segment on Boyland's business in March, Boyland appeared unrepentant, writing on his Web site that he was ''laughing all the way to the bank.'' But in a recent interview with The Associated Press, he was more contrite, saying he wouldn't have condoned such ''ludicrous'' tactics.
''Who can build a successful business model from that? It's not possible,'' he said.
Nationally, the Federal Trade Commission received more than 78,000 complaints about third-party debt collectors in 2008 and announced civil judgments of more than $1 million against agencies. The 2008 complaint total, the most recent complete-year figure available, was more than twice that of 2003. No other industry generated more calls.
For the first half of 2009, the FTC logged 45,050 complaints, an increase of nearly one-third from the same period in 2008.
While the bad economy has been partly responsible for the rise in complaints, another factor has been the emergence of companies that buy portfolios of old debts and make another stab at collecting, often more aggressively. Virtually anyone can buy into the business and get access to the personal information needed to collect a debt -- including people with criminal records.
Over the past year, the New York attorney general's office has picked off some of the companies that generated the most outrageous complaints, including threatening debtors with phony lawsuits or trying to embarrass them by phoning employers and neighbors, both illegal under federal law.
''The tactics allegedly used here are some of the worst of the worst in the debt collection business,'' Attorney General Andrew Cuomo said in announcing a dozen arrests in September. ''The defendants' alleged lies, deceit and intimidation caused many innocent people to pay money they didn't owe just to stop the terrifying calls.''
Threatening to have people arrested for failing to pay a debt is also illegal, but that has been happening, too.
Michelle Minton of Springville said she was home alone with her two toddlers when someone claiming to be a lawyer for a collection firm phoned her, told her she owed $2,100 and said a warrant had been issued for her arrest. The only way out, he said, was for her to make a payment immediately.
''If your husband can't make it home from work, your children will have to go to Social Services,'' he told her.
Minton was certain there had been a mistake, but panicked and gave the caller access to her bank account, which was quickly drained of $900. She found out later the debt was owed by someone else.
''Forty-five minutes of bullying and they got $900,'' she said.
She and her husband tracked the call to a Buffalo company that has been the subject of other complaints. Cuomo's office is suing the business.
David B. Caruso reported from New York City.
http://www.nytimes.com/aponline/2010/01/05/us ... pital.html?_r=3
Bullying is what these "Buffalo" debt collectors are all about:
Buffalo's Debt Collectors Accused of Bullying
By THE ASSOCIATED PRESS
Published: January 5, 2010
BUFFALO, N.Y. (AP) -- When Tobias ''Bags of Money'' Boyland went looking for a new career after serving 13 years in prison for armed robbery and drug dealing, he quickly found something that suited his sensibilities: He opened a collection agency.
It was, in some ways, a natural move for a young man in Buffalo. Desperate for jobs, this chronically depressed Rust Belt city has become home to one of the biggest concentrations of debt collection businesses in the U.S.
''Collections is the Bethlehem Steel of Buffalo,'' said Boyland, 44, recalling the industrial giant that once employed 20,000 people in the region. ''You can make a decent living in a town where there isn't a lot of opportunity.''
Between 5,000 and 6,000 people earning $30,000 to $40,000 a year now work at roughly 110 collection agencies in and around Buffalo, an industry created with the help of seed money from the state of New York. The industry has been a rare economic bright spot in Buffalo, the nation's third-poorest city of its size, a place where 30 percent of the people live in poverty.
Yet, law enforcement and consumer groups point to a dark side: Buffalo, they say, has also become a center for some of the worst elements in the business. Debt collectors, some of them convicted felons, have illegally posed as lawyers or unlawfully browbeat people -- threatening to have them arrested or stripped of custody of their children -- to scare them into making payments.
''Get some clean clothes because you're not coming home any time soon,'' one debtor was told.
As the sour economy leaves people less and less able to pay their debts, the collection abuses have become so flagrant and numerous that state and federal authorities have moved to shut down several Buffalo-area agencies where the most heartless and bullying telephone calls originated. At least 20 people have been sued or arrested on criminal charges.
Boyland himself was forced out of business and jailed in June after authorities said they caught him carrying a loaded, unlicensed pistol as they investigated more than 1,000 complaints about abusive tactics at his collection business.
The regional Better Business Bureau said that in the past three years, it has gotten 4,562 complaints about debt collection agencies in western New York. Of 213 agencies it has graded in the region, 104 were given an ''F.'' And of all the complaints about debt collection received by the Better Business Bureau nationwide last year, about 1 in 10 involved a company in western New York.
Collection agencies began sprouting in Buffalo in the mid-1990s as a spinoff of the city's then-growing back-office and financial-services sector. Like other businesses operating big customer-service call centers, the collection companies were drawn to Buffalo by its inexpensive office space and its willing and affordable work force.
A state development agency has sweetened the pot since 2001 with $1.2 million in grants to four collection agencies. It gave an additional $400,000 in October to a collection company that plans to double its work force with 50 new hires.
''Almost everyone knows someone whose son or daughter has worked for a collection agency,'' said David Polino, president of the Better Business Bureau of Upstate New York. ''This is one of the industries that used to be Bethlehem Steel, the Chevy plant -- all the places where you used to get out of high school and find employment 35 or 40 years ago, it's now call centers.''
Industry supporters blame many of the worst complaints on small firms operating on the fringe.
Twenty-eight of the region's collection agencies have a grade of ''A'' from the BBB for generating few complaints while setting up repayment plans for delinquent credit card accounts, medical bills or loans.
''The vast majority are great businesses that benefit the local economy, do a good job, are respectful, and then you've got a few that are just wacko,'' said John Nemo, spokesman for the Association of Credit and Collection Professionals, a trade group with 3,500 members.
Boyland blamed the problems at his nine companies on unsupervised employees who abused a chance to make good money. Twelve of his former workers have been arrested and charged with offenses including posing as law enforcement officers to intimidate people into paying debts.
When ''Dateline NBC'' did a segment on Boyland's business in March, Boyland appeared unrepentant, writing on his Web site that he was ''laughing all the way to the bank.'' But in a recent interview with The Associated Press, he was more contrite, saying he wouldn't have condoned such ''ludicrous'' tactics.
''Who can build a successful business model from that? It's not possible,'' he said.
Nationally, the Federal Trade Commission received more than 78,000 complaints about third-party debt collectors in 2008 and announced civil judgments of more than $1 million against agencies. The 2008 complaint total, the most recent complete-year figure available, was more than twice that of 2003. No other industry generated more calls.
For the first half of 2009, the FTC logged 45,050 complaints, an increase of nearly one-third from the same period in 2008.
While the bad economy has been partly responsible for the rise in complaints, another factor has been the emergence of companies that buy portfolios of old debts and make another stab at collecting, often more aggressively. Virtually anyone can buy into the business and get access to the personal information needed to collect a debt -- including people with criminal records.
Over the past year, the New York attorney general's office has picked off some of the companies that generated the most outrageous complaints, including threatening debtors with phony lawsuits or trying to embarrass them by phoning employers and neighbors, both illegal under federal law.
''The tactics allegedly used here are some of the worst of the worst in the debt collection business,'' Attorney General Andrew Cuomo said in announcing a dozen arrests in September. ''The defendants' alleged lies, deceit and intimidation caused many innocent people to pay money they didn't owe just to stop the terrifying calls.''
Threatening to have people arrested for failing to pay a debt is also illegal, but that has been happening, too.
Michelle Minton of Springville said she was home alone with her two toddlers when someone claiming to be a lawyer for a collection firm phoned her, told her she owed $2,100 and said a warrant had been issued for her arrest. The only way out, he said, was for her to make a payment immediately.
''If your husband can't make it home from work, your children will have to go to Social Services,'' he told her.
Minton was certain there had been a mistake, but panicked and gave the caller access to her bank account, which was quickly drained of $900. She found out later the debt was owed by someone else.
''Forty-five minutes of bullying and they got $900,'' she said.
She and her husband tracked the call to a Buffalo company that has been the subject of other complaints. Cuomo's office is suing the business.
David B. Caruso reported from New York City.
http://www.nytimes.com/aponline/2010/01/05/us ... pital.html?_r=3
| Mad in Virginia 2010-01-14 15:21:00 Debt Collector |
We received a call from a supposed collection agency from this number. They pulled no stops in threatening legal action if we did not immediately "settle" a past due debt. Though we explained we had no knowledge of this debt and asked for the original documents as proof, their scare tactics drove us to authorize a payment to them. After checking all our records and our credit reports, we knew we had been duped. The bank will not cancel the transaction because we "authorized it". Now we are out of the money and have no idea how to get it back. After the fact, we found out we were not required to pay until they provided proof. They told us they'd provide the proof but only after we gave them our payment information. I believe these people/this org. is looking up personal information on people and using it to scare them into paying on something that is not valid. What course of action to we have now? A search of this number shows up as belonging to Whaleback Systems which is a IP telephony service provider.
| Alfalfa 2010-01-11 18:51:43 Debt Collector |
ATTORNEY GENERAL CUOMO SUES TO SHUT DOWN BUFFALO-BASED DEBT COLLECTION OPERATION THAT ILLEGALLY HARASSED AND THREATENED CONSUMERS NATIONWIDE
Employees Used Verbal Abuse and Sexual Harassment to Intimidate Consumers Into Paying Debts
Latest Action in Cuomo's Ongoing Probe into Unlawful Debt Collection Practices
BUFFALO, NEW YORK (August 18, 2009) - Attorney General Andrew M. Cuomo today announced that his office has filed a lawsuit seeking to shut down a Buffalo-based debt collection operation consisting of 13 debt collection companies run by Buffalo residents Omar Smith, Narvell Benning and Keith Marshall (collectively, the "Benning-Smith Group?). Today?s announcement is the latest action in Attorney General Cuomo?s ongoing investigation of unlawful debt collection practices.
According to the more than 850 consumer complaints filed with the Office of the Attorney General, the Federal Trade Commission and the Better Business Bureau, the Benning-Smith Group's employees violated state and federal law by routinely posing as law enforcement officials and threatening to arrest or to physically harm consumers unless they made arrangements to pay the company immediately. Additionally, the Benning-Smith Group made abuse and humiliation a trademark of their collection practices by verbally abusing consumers and, in some instances, sexually harassing them. To date, the Attorney General?s investigation has identified more than a thousand instances in which the Benning-Smith Group breached state and federal statutes. Cuomo?s lawsuit, filed today in Buffalo Supreme Court, seeks to shut down all of the Benning-Smith Group?s operations in the Western New York.
?This company made lies, threats and abuse their calling cards in their efforts to manipulate and take advantage of consumers already facing tough economic times,? said Attorney General Andrew Cuomo. ?They did everything they could to demean and humiliate their targets, stooping so low as to sexually harass and verbally abuse individuals nationwide. My Office will continue to protect consumers by making it clear that companies like this one will not be permitted to operate in the State of New York.?
According to the lawsuit filed by the Attorney Generals Office, Omar Smith, Narvell Benning and Keith Marshall ran at least 13 debt collection companies that operated out of multiple locations and under various assumed names in Western New York. The Benning-Smith Group operated under several names, including: Abrams, Burke & Associates; Benning and Smith Acquisitions, Inc.; Brady and Caruso, LLC; DebtPayments.com; DebtPayments.com, LLC; Fredericks, Goldstein & Zoe; Graham, Noble & Associates Bookkeeping; Graham, Noble & Associates LLC; Graham, Beagle & Associates LLC; Kingman, Cole and Associates, LCC; Marshall and Ziolkowski Enterprise, LLC; Marshall Ziolkowski Acquisitions, LLC; Lansky, Goldstein, Zoe; OLS Payment Services; and University Debt Collection.
Attorney General Cuomo?s investigation revealed that collectors regularly demanded payment for non-existent debts or substantially inflated the amount owed on an actual debt. Using their false law enforcement identities, collectors coerced and cajoled terrified consumers into agreeing to make payments. Frightened at the prospect of arrest and humiliation, consumers authorized withdrawals from their checking accounts, sent Western Union moneygrams and/or money orders out of fear.
In one instance, a Benning-Smith collector kept repeating the name of a consumer?s daughter, describing various sexual things he would do to her unless the debt was paid. Another collector told a female consumer that if both she and her husband would engage in sexual acts with him, he would pay their debt himself. Collectors routinely called consumers ?drunks,? ?scumbags,? ?deadbeats,? and, in one instance, ?a low-life piece of trash.?
The federal Fair Debt Collection Practices Act, the New York State debt collection and consumer protection laws prohibit the following conduct: posing as an attorney, threatening lawsuits or other legal action which cannot be taken, saying a consumer committed a crime or will be arrested and talking with third parties except to get location information. These statutes also bar the use of deception and harassment in collection practices. The law further requires collection agencies to send a written notice within five days of initial communication with the consumer explaining how he or she can dispute the debt. If properly disputed, the collection agency must stop all collection attempts and send verification.
Today?s action is part of a larger investigation by Attorney General Cuomo into unlawful debt collection practices. In June, Cuomo obtained a court order shutting down the fraudulent activities of another Buffalo-based collection racket and initiated criminal charges against the owner of that operation. His Office previously shut down two other collectors for threatening and intimidating consumers into paying debts that they did not owe. Additionally the Office of the Attorney General remains engaged in litigation with two debt settlement companies for fraudulent business practices and false advertising by selling misleading debt settlement plans that very rarely deliver the promised benefits to consumers dealing with debt.
Cuomo also launched a website - www.NYDebtHelp.com- that explains consumer rights, allows victims of debt collection and debt settlement companies quick access to the Attorney Generals office to file complaints, and outlines the stages of the Attorney Generals investigation.
The case was handled by Assistant Attorney General James Morrissey and Senior Consumer Fraud Representative Karen Davis, under the supervision of Deputy Attorney General David Sampson.
http://www.ag.ny.gov/media_center/2009/aug/aug18a_09.html
They are already violating a court order which prohibits them from threatening anyone with a "civil action":
http://www.budhibbs.com/norvel.pdf
Report them to the NY AG's office: www.NYdebthelp.com
Employees Used Verbal Abuse and Sexual Harassment to Intimidate Consumers Into Paying Debts
Latest Action in Cuomo's Ongoing Probe into Unlawful Debt Collection Practices
BUFFALO, NEW YORK (August 18, 2009) - Attorney General Andrew M. Cuomo today announced that his office has filed a lawsuit seeking to shut down a Buffalo-based debt collection operation consisting of 13 debt collection companies run by Buffalo residents Omar Smith, Narvell Benning and Keith Marshall (collectively, the "Benning-Smith Group?). Today?s announcement is the latest action in Attorney General Cuomo?s ongoing investigation of unlawful debt collection practices.
According to the more than 850 consumer complaints filed with the Office of the Attorney General, the Federal Trade Commission and the Better Business Bureau, the Benning-Smith Group's employees violated state and federal law by routinely posing as law enforcement officials and threatening to arrest or to physically harm consumers unless they made arrangements to pay the company immediately. Additionally, the Benning-Smith Group made abuse and humiliation a trademark of their collection practices by verbally abusing consumers and, in some instances, sexually harassing them. To date, the Attorney General?s investigation has identified more than a thousand instances in which the Benning-Smith Group breached state and federal statutes. Cuomo?s lawsuit, filed today in Buffalo Supreme Court, seeks to shut down all of the Benning-Smith Group?s operations in the Western New York.
?This company made lies, threats and abuse their calling cards in their efforts to manipulate and take advantage of consumers already facing tough economic times,? said Attorney General Andrew Cuomo. ?They did everything they could to demean and humiliate their targets, stooping so low as to sexually harass and verbally abuse individuals nationwide. My Office will continue to protect consumers by making it clear that companies like this one will not be permitted to operate in the State of New York.?
According to the lawsuit filed by the Attorney Generals Office, Omar Smith, Narvell Benning and Keith Marshall ran at least 13 debt collection companies that operated out of multiple locations and under various assumed names in Western New York. The Benning-Smith Group operated under several names, including: Abrams, Burke & Associates; Benning and Smith Acquisitions, Inc.; Brady and Caruso, LLC; DebtPayments.com; DebtPayments.com, LLC; Fredericks, Goldstein & Zoe; Graham, Noble & Associates Bookkeeping; Graham, Noble & Associates LLC; Graham, Beagle & Associates LLC; Kingman, Cole and Associates, LCC; Marshall and Ziolkowski Enterprise, LLC; Marshall Ziolkowski Acquisitions, LLC; Lansky, Goldstein, Zoe; OLS Payment Services; and University Debt Collection.
Attorney General Cuomo?s investigation revealed that collectors regularly demanded payment for non-existent debts or substantially inflated the amount owed on an actual debt. Using their false law enforcement identities, collectors coerced and cajoled terrified consumers into agreeing to make payments. Frightened at the prospect of arrest and humiliation, consumers authorized withdrawals from their checking accounts, sent Western Union moneygrams and/or money orders out of fear.
In one instance, a Benning-Smith collector kept repeating the name of a consumer?s daughter, describing various sexual things he would do to her unless the debt was paid. Another collector told a female consumer that if both she and her husband would engage in sexual acts with him, he would pay their debt himself. Collectors routinely called consumers ?drunks,? ?scumbags,? ?deadbeats,? and, in one instance, ?a low-life piece of trash.?
The federal Fair Debt Collection Practices Act, the New York State debt collection and consumer protection laws prohibit the following conduct: posing as an attorney, threatening lawsuits or other legal action which cannot be taken, saying a consumer committed a crime or will be arrested and talking with third parties except to get location information. These statutes also bar the use of deception and harassment in collection practices. The law further requires collection agencies to send a written notice within five days of initial communication with the consumer explaining how he or she can dispute the debt. If properly disputed, the collection agency must stop all collection attempts and send verification.
Today?s action is part of a larger investigation by Attorney General Cuomo into unlawful debt collection practices. In June, Cuomo obtained a court order shutting down the fraudulent activities of another Buffalo-based collection racket and initiated criminal charges against the owner of that operation. His Office previously shut down two other collectors for threatening and intimidating consumers into paying debts that they did not owe. Additionally the Office of the Attorney General remains engaged in litigation with two debt settlement companies for fraudulent business practices and false advertising by selling misleading debt settlement plans that very rarely deliver the promised benefits to consumers dealing with debt.
Cuomo also launched a website - www.NYDebtHelp.com- that explains consumer rights, allows victims of debt collection and debt settlement companies quick access to the Attorney Generals office to file complaints, and outlines the stages of the Attorney Generals investigation.
The case was handled by Assistant Attorney General James Morrissey and Senior Consumer Fraud Representative Karen Davis, under the supervision of Deputy Attorney General David Sampson.
http://www.ag.ny.gov/media_center/2009/aug/aug18a_09.html
They are already violating a court order which prohibits them from threatening anyone with a "civil action":
http://www.budhibbs.com/norvel.pdf
Report them to the NY AG's office: www.NYdebthelp.com
| Being Harassed 2010-01-11 18:33:39 Debt Collector |
I received a call from the number and they stated that their is a civil court action against me. They wanted me to pay $500.00 up front for a credit card balance. I did not give any information. Also, when asked at first if this was regarding a credit card balance, they said "It was not".
These are just scare tactics.
These are just scare tactics.
| LAMET 2009-08-04 16:20:31 Unknown |
COLLECTION AGENCIES DO NOT WANT YOU TO KNOW THIS INFORMATION!
FROM www.budhibbs.com A CONSUMER ADVOCATE WEBSITE that specializes in Debt Collections and offers assistance to consumers. THEY ALSO EXPOSE THE WORST FDCPA VIOLATOR IN THE COUNTRY
Dealing with debt collectors
http://www.budhibbs.com/start.html
Statute of limitations by state ? always double check directly with your own State Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from debt collectors ? always double check with your own State Government website
http://www.budhibbs.com/record.htm
From FEDERAL TRADE COMMISSION WEBSITE
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
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.
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.
FROM www.budhibbs.com A CONSUMER ADVOCATE WEBSITE that specializes in Debt Collections and offers assistance to consumers. THEY ALSO EXPOSE THE WORST FDCPA VIOLATOR IN THE COUNTRY
Dealing with debt collectors
http://www.budhibbs.com/start.html
Statute of limitations by state ? always double check directly with your own State Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from debt collectors ? always double check with your own State Government website
http://www.budhibbs.com/record.htm
From FEDERAL TRADE COMMISSION WEBSITE
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
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.
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.
| NGA 2009-08-04 16:09:51 Debt Collector |
They are Fredericks, Goldstein & Zoe
a supposed Collection agency who does nothing but threaten, harass and
insult people. They are theives and are not truthful. Many complaints have been filed against them as well as A Lawsuit filed against them.
It is my understanding that NO ONE should provide them with ANYTHING!
They do not care to provide information at the request of the person they are harrassing and will go to any means possible to break you down.
The truth of the matter is that you should not be threatened with Jail or any such thing, you should not provide any of your information until they provide you with copies of the information. Also note, even if you make an agreement with them and they state they are sending you papers - they don't they just take your money and it ends up WAY MORE then your debt actually is.
a supposed Collection agency who does nothing but threaten, harass and
insult people. They are theives and are not truthful. Many complaints have been filed against them as well as A Lawsuit filed against them.
It is my understanding that NO ONE should provide them with ANYTHING!
They do not care to provide information at the request of the person they are harrassing and will go to any means possible to break you down.
The truth of the matter is that you should not be threatened with Jail or any such thing, you should not provide any of your information until they provide you with copies of the information. Also note, even if you make an agreement with them and they state they are sending you papers - they don't they just take your money and it ends up WAY MORE then your debt actually is.
| DD 2009-06-21 21:27:29 Unknown |
DO NOT KNOW WHO THIS IS NO ANSWER TO THAT EXTENSION
| Don't call again 2009-05-29 17:16:02 Debt Collector |
Thereatend me with a law suit on a credit card that had been charged off and well over the 7 year statute of limitation. He must of graduated from the Yale school of arguing because that all he did.
| kola 2008-07-24 20:37:47 Unknown |
no
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