877-299-5498
 | yoyo 2011-06-06 21:04:15 Unknown |
Well, I don't really know who this scam artist is, but here's the deal.
It's probably a debt collector looking for someone--they don't care who--just some one they can con into paying them some money. Let's think about this----a guy calls you to give you "advance notice" that he is going to serve a summons to you--how nice of him to care!!!!HAHAHAHA Don't believe anything these type of idiots say--you know who you owe and who you don't. Block their number or answer and jak with them for fun---when someone , most likely a county sheriff knocks on your door and hands you a bunch of papers---TAKE NOTICE. That's a summons and it's serious!They WILL NOT call ahead to see if it's okay for them to come over. The people calling you are little pimple faced, snot nosed kids that can't get a job at Micky D's so now they pretend to be "gangsters"--give it time, they'll be in jail in a little while!
It's probably a debt collector looking for someone--they don't care who--just some one they can con into paying them some money. Let's think about this----a guy calls you to give you "advance notice" that he is going to serve a summons to you--how nice of him to care!!!!HAHAHAHA Don't believe anything these type of idiots say--you know who you owe and who you don't. Block their number or answer and jak with them for fun---when someone , most likely a county sheriff knocks on your door and hands you a bunch of papers---TAKE NOTICE. That's a summons and it's serious!They WILL NOT call ahead to see if it's okay for them to come over. The people calling you are little pimple faced, snot nosed kids that can't get a job at Micky D's so now they pretend to be "gangsters"--give it time, they'll be in jail in a little while!
| Mary 2011-06-06 21:04:15 Unknown |
I let the call go to v/m. Message was from a soft spoken Aaron Ross who out of the kindness of his heart let me know he has legal documents in his office with my name/ssn but the filing party asked him to call me one more time before he has to serve me at work or my home.
Oh, and the best part...... This guy tried so hard to sound concerned for my being YEAH RIGHT ends the message saying "Good luck to you Mary"
Yeah, like somebody's gona file at the court house but give me a heads up about it. Seriously, are they getting through to anybody that way?
Oh, and the best part...... This guy tried so hard to sound concerned for my being YEAH RIGHT ends the message saying "Good luck to you Mary"
Yeah, like somebody's gona file at the court house but give me a heads up about it. Seriously, are they getting through to anybody that way?
| Mary 2011-06-06 21:04:15 Unknown |
I let the call go to v/m. Message was from a soft spoken Aaron Ross who out of the kindness of his heart let me know he has legal documents in his office with my name/ssn but the filing party asked him to call me one more time before he has to serve me at work or my home.
Oh, and the best part...... This guy tried so hard to sound concerned for my being YEAH RIGHT ends the message saying "Good luck to you Mary"
Yeah, like somebody's gona file at the court house but give me a heads up about it. Seriously, are they getting through to anybody that way?
Oh, and the best part...... This guy tried so hard to sound concerned for my being YEAH RIGHT ends the message saying "Good luck to you Mary"
Yeah, like somebody's gona file at the court house but give me a heads up about it. Seriously, are they getting through to anybody that way?
| PV 2011-06-06 21:04:15 Unknown |
caller said he was ordered to serve me an affidavit at my home or workplace. Anybody know what this is about?
| lamet 2009-11-04 17:34:25 Unknown |
Yes have your cousin call - what they are doing is illegal!
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
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
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
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
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
| lamet 2009-11-04 17:32:33 Unknown |
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
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
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
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
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
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
| LAMET 2009-11-04 17:30:48 Unknown |
NEVER EVER NEGOTIATE WITH A COLLECTION AGENCY - THEY LIED ABOUT THE SUMMONS AND THEY ARE LYING ABOUT ANY AGREEMENT they may make with you over the phone.
There is a process to follow BY LAW AND THEY ARE NOT FOLLOWING IT
1. they cannot call and just demand payment or make threats of any kind if you do not pay them immediately
2. THEY HAVE TO PROVE THE DEBT IS YOURS - that is why they call with the lie about a summons - its an illegal scare tactic
3. They cannot threaten to contact your employer as that is also an FDCPA violation - they cannot discuss your debt with anyone but you!
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
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
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
There is a process to follow BY LAW AND THEY ARE NOT FOLLOWING IT
1. they cannot call and just demand payment or make threats of any kind if you do not pay them immediately
2. THEY HAVE TO PROVE THE DEBT IS YOURS - that is why they call with the lie about a summons - its an illegal scare tactic
3. They cannot threaten to contact your employer as that is also an FDCPA violation - they cannot discuss your debt with anyone but you!
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
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
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
| Secret Squirrel 2009-11-04 16:30:46 Unknown |
Fake Debt Collectors and Collection Tactics
If consumers did not have enough to worry about having to deal with rising credit card interest rates, late fees and over-limit fees, zombie debt, and fervent bill collectors, now we have to worry about collectors calling about fake debt.
While many legitimate collection agencies follow the FDCPA, there are some collectors out there that are only running a scam operation and will be quick to use threats and scare tactics to get you to pay up quick. Their scams turn up in mailboxes, on the internet and through the telephone every day. Some collectors pose as national banks, government agencies (FBI, CIA), or even popular celebrity stars to gain personal information. These phony collectors may threaten to repossess your house, issue a warrant for your arrest, or even garnish your pay check, all of which are against the FDCPA rules. Some of which are even laughable (for example, there is no debtor?s prison in the United States).
Fake debt scammers rely on the fear and lack of knowledge about debt collection laws within the population. They also figure that a certain percentage of their calls will be received by individuals who may be carrying debt on credit cards anyway and may be susceptible to intimidation. When collectors use misleading statements and fail to provide identification, they are breaking the law. Never pay money to a possible thief. Keep cool when you hear from collectors to avoid this collection abuse.
Many times, people who took out payday loans online in the past are most susceptible. If you took a payday loan, be aware scammers may have access to your Social Security number and other personal information, and keep your guard up against such tactics.
Ironically, real "deadbeats" probably wouldn't fall for these scammers, since they have no intention of repaying their creditors anyway. But upright citizens may doubt themselves, thinking they've forgotten to pay a bill. Many times, the sums involved tend to be fairly small, so some people may be tempted to just pay the "bill" and "get it over with."
Ways to Protect Yourself Against Debt Collection Scams
Review your credit report frequently to find inaccuracies.
Be aware of your current creditors and how much you owe.
Ask creditors for identification before you provide any information over the telephone.
Reporting Fake Debt Collectors
If you ever receive a call from anyone identifying himself as a debt collector, the law requires that the debt collector provide you with identification, and that the debt collector refrain from making misleading and threatening statements.
You can report any problems you have 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.
http://www.internetautoguide.com/credit-cente ... on-tactics.html
If consumers did not have enough to worry about having to deal with rising credit card interest rates, late fees and over-limit fees, zombie debt, and fervent bill collectors, now we have to worry about collectors calling about fake debt.
While many legitimate collection agencies follow the FDCPA, there are some collectors out there that are only running a scam operation and will be quick to use threats and scare tactics to get you to pay up quick. Their scams turn up in mailboxes, on the internet and through the telephone every day. Some collectors pose as national banks, government agencies (FBI, CIA), or even popular celebrity stars to gain personal information. These phony collectors may threaten to repossess your house, issue a warrant for your arrest, or even garnish your pay check, all of which are against the FDCPA rules. Some of which are even laughable (for example, there is no debtor?s prison in the United States).
Fake debt scammers rely on the fear and lack of knowledge about debt collection laws within the population. They also figure that a certain percentage of their calls will be received by individuals who may be carrying debt on credit cards anyway and may be susceptible to intimidation. When collectors use misleading statements and fail to provide identification, they are breaking the law. Never pay money to a possible thief. Keep cool when you hear from collectors to avoid this collection abuse.
Many times, people who took out payday loans online in the past are most susceptible. If you took a payday loan, be aware scammers may have access to your Social Security number and other personal information, and keep your guard up against such tactics.
Ironically, real "deadbeats" probably wouldn't fall for these scammers, since they have no intention of repaying their creditors anyway. But upright citizens may doubt themselves, thinking they've forgotten to pay a bill. Many times, the sums involved tend to be fairly small, so some people may be tempted to just pay the "bill" and "get it over with."
Ways to Protect Yourself Against Debt Collection Scams
Review your credit report frequently to find inaccuracies.
Be aware of your current creditors and how much you owe.
Ask creditors for identification before you provide any information over the telephone.
Reporting Fake Debt Collectors
If you ever receive a call from anyone identifying himself as a debt collector, the law requires that the debt collector provide you with identification, and that the debt collector refrain from making misleading and threatening statements.
You can report any problems you have 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.
http://www.internetautoguide.com/credit-cente ... on-tactics.html
| Chas 2009-11-04 16:29:34 Unknown |
Has this man ever shown up & really tried to serve anyone? My cousin is the sheriff of my county & he's about to have the D.A call the 1-877-299-5498.
| Chas 2009-11-04 16:26:26 Unknown |
A man identifyimg himself as Jordan Harris threatening me as well. He just called and left a voicemail saying he just left my home and is going to the post office to make sure he has the correct address- and then would be coming to my job so I need to make sure my supervisor is available. When he called on Monday he said he'd be by on Thurs between 10-2, I told him to come on and I'd have us a pot of butter beans and some cornbread & we'd have dinner, lol! I really wish he'd come by my job!!!!
He keeps saying this is my final notice and leaving the 1-877-299-5498 with an order number.
He keeps saying this is my final notice and leaving the 1-877-299-5498 with an order number.
| I 2009-10-30 18:13:05 Unknown |
I got a call from a Mr. Green, Server for Area and he also called my boss. When he calls it comes up as Unknown and we are not allowed to answer Unknown phone calls. He left a message on my voicemail and my boss' voicemail. One he should not be calling my place of work, two he should not call my boss, if I loose my job what good will that do plus it is illegal, and three I never got any calls at home or on my cell phone. I am going to file this action with the PTC and Better Business.
| k 2009-10-29 16:51:46 Unknown |
Yeah. This is the second call I've gotten from them. Once, they left a message @ my job, another on my cell phone from a private #. This is callback number the guy gave, pertaining to an "affidavit" and "case no." You can't be "notified" via voicemail. FAIL! Then as an added scare tactic, he said he would stop by my house in 5 days btwn 10am and 2pm, and to "please make plans to be available at that time." This s*** is a joke. They will go to ANY length to hassle people in debt! I wish someone would show up at my damn house!
| Maureen 2009-10-28 23:06:47 Unknown |
This collection agency called me at home today and left a message then attempted to contact me at work (I had the day off) and gave my personal information to a co-worker including their phone number, my "case number" and name of company GCCS. Everything but a name. They threatened to have a "process server" come to my HR Dept and serve me. Right! Don't be intimidated. By the way they gave my personal info to the biggest gossip at my job so I am sure everone will know. But of course this is what they want. I think we should all consider a class action law suit. I was reading that if you take them on individually you can get somewhere in the neighborhood of a $1000.00 A class action a larger sum. Anyone in? Check out web site of Fair Collection Practices Act.
| Sandra 2009-10-28 21:32:15 Unknown |
Well, Gues what, I just got a call from someone who gave me this same number and a reference number to call them on, he said he was about to serving the summon over the phone LOL!!! the bad part is I am 100% sure i do not owe any money to no one so I called the number and gave them the reference number,it turns out to be, it is not me but another Sandra with a totally different last name and ss #, I asked him how they linked my cell number to this unknown person he said he was not the one who called me.... A total waste of time and energy,I just hung up!
| Darlene 2009-10-28 00:20:17 Unknown |
Thanks for the info! I am a victim if identity theft & I believe these people are trying to collect on a bogus debt.
| Info 2009-10-27 22:35:55 Unknown |
Google is your friend, folks.
Here is their website
http://www.gccsllc.com/
They're located in Buffalo, NY. Send them a cease and desist letter to make them stop calling you and tell them they must verify the debt in writing. If they can't do they they have no legal recourse.
If they call you at work again, tell them they must not call you at work again. They are required by law to comply with this. You can also file harassment reports against them at www.ftc.gov and www.bbb.org
Here is their website
http://www.gccsllc.com/
They're located in Buffalo, NY. Send them a cease and desist letter to make them stop calling you and tell them they must verify the debt in writing. If they can't do they they have no legal recourse.
If they call you at work again, tell them they must not call you at work again. They are required by law to comply with this. You can also file harassment reports against them at www.ftc.gov and www.bbb.org
| Rita 2009-10-27 22:21:38 Debt Collector |
The guy has been calling me numerous times on my home & work phones saying "You have been notified". I recently moved and he didn't have my current address so he said he was going to go to the post office to get my correct address. What kind of process server does that????? Everytime he says he is going to come to my place of emplyment, he calls & says he can't make it for whatever reason. I think this is a scam. I once applied for a payday loan on line, but I never accepted it after all & never received money, but they had all of my info!!! I never heard from these people till he called me at work out of the blue & left that threatening message. I called the 877-299-5498 & the person said they are Global Check and Credit Services, they are not a legal firm.
| cynthia 2009-10-26 19:00:51 Debt Collector |
just curious did they ever came to your and serve you? they keep calling me and threatening me too???
| Tonia 2009-10-23 14:08:09 Unknown |
They just called me again saying there were coming to my job today to serve me and asked if my supervisor could sign off. You must be kidding me. I will sue them for coming and serving me on my job. He is not even a sheriff, I don't know who this Frank Cross is that keeps calling me at my job threatening me. I am about to get a lawyer and sue this company.
| sam 2009-10-22 22:09:21 Unknown |
i just received the exact same call. i offered to pay them 400 dollars today just to show good intent and he said no its all today or they will take me to court.
| Tonia 2009-10-21 22:11:05 Unknown |
I called the phone number back and spoke with a man. I asked him about payment arrangements and he first wanted to settle with me paying $500.00 today. When I told him I couldn't he said they could only do 318.00 by the end of the month and the balance by the end of next month (600.00). I don't have that type of money right now. So he then says your summons has already been sent out so just wait for it. He said they rather take you to court anyway and get all of thier money in a lump sum. I just hung up.
| Tonia 2009-10-21 19:11:20 Unknown |
I got a call from them too. How can they come to my job, and he even asked if my supervisor could sigh off on the form as well. I am going to complain about this company.
| John 2009-10-21 15:33:41 Unknown |
What kind of lawsuit? Never heard from these people and now they threaten to serve me at where I work? Crazy....
| Dee 2009-10-20 16:33:25 Unknown |
Serve A Lawsuit
© WHOSCALL.IN 2011-2024 - Privacy