903-813-3830
TX, US
| pissedoff 2013-10-17 03:03:48 Unknown |
Hi I received a letter fr the and getting ready yo answer them with.a dispute letter. Not sure if I do I might..not get them off my back
| tired of misleading calls 2012-10-29 18:11:23 Unknown |
call from 740-236-4026 stating from Law Offices of Mitchell Bloom Assoc. Needed to confirm addresses and date of birth before telling reason for call. When questioned where located- out of Texas. When question what the call pertained to; it is a personal call need to have dob & address confirmed. When asked if mailed information - was told information had been mailed on Friday (it is now Monday). When informed I did not know who they were-Caller rudely stated-I'm just going to mark uncooperative and she hung up. Goggled and the rest is history.
| Payee. 2012-07-12 04:22:58 Unknown |
I googled a # I had a missed call from, and I read all the remarks, and bad mouthing of this company. But I went forth and returned the call... Apparently I had 1 last bill from a lab testing,that was necessart when I went in the hosp for a kidney stone. I was happy to be informed that this wasnt yet reflecting against my credit. I got the opportunity to pay off the bill. I was handled with respect, dilligence, and integrity. the bill was ligit, and they were professional, 100%. I disregard what I have read here, after experiencing a pleasantly informative conversation. This is a ligit firm, with real unpaid bills!
| Tadpole 2012-06-29 00:21:46 Unknown |
I have never heard of these idiots until today. They call my phone and ask if I am the parent of my son ( name excluded to protect the innocent). I said yes they then proceeded to ask me for his birthday. I ask them what this was concerning. They refuse to tell me until I give out my juvenile sons birthday to them. Well I don't know them from Peter and I am not giving out my sons birthday over the phone to someone who claims to be an attorney. We are not dead beats and we do pay our bills. So unless these idiots can be more specific they can suck face.
| No More 2012-01-21 04:02:16 Unknown |
Really NONE, You must work for them, the whole idea is this Law Firm (NOT) does not exist!!!!! And that these idiots (you for one) try to collect money on a debt that 1. Has either been paid, or 2. is beyond the statue of limitations, so there for NONE, what they do is NOT LEGAL. You must be one of them or related the idiot that runs the place, I pay my bills, and when i get calls for some one I don't even know, and i say I don't know them I don't like being called a lair... Further More, in this economy a lot of people lost there jobs and fell behind, doesn't mean they don't want to pay there bills, they just can't!!!!!!!!!!!!!!!!!!!! GET REAL YOU DUMB A** and back off Bye Bye None and go tell Mr Bluhm............................
| One nefarious S.O.B. 2012-01-06 00:44:17 Unknown |
Okay,that was my mistake, I should have proof read that last comment: http://www.nedap.org/hotline/fdcpa-recognizing.html
I humbly appologize, ignorance on the part of these supposed para-legals really ticks me off.
| One nefarious S.O.B. 2012-01-06 00:41:28 Unknown |
Another helpful link to help people get in the know,know your rights under federal law! http://www.pennlawyer.com/fdcpa.htm
| One nefarious S.O.B. 2012-01-06 00:39:51 Debt Collector |
Follow the rules Capio! http://www.pennlawyer.com/fdcpa.htm, we know the federal guidelines, no more deleterious behaviour will be tolerated!
| Dry Turnip 2011-09-14 00:26:06 Unknown |
Collection complaints
Capio Partners describes itself as the ?premier health care debt purchaser in the industry? and is one of the biggest players in the debt buying market.
Since its creation in 2008, Capio has purchased more than $7 billion in patient debt, according to insideArm, a debt buying trade publication.
On its website, Capio says its ?Complaintless Collection? system provides health facilities with a predictable cash flow and treats patients with ?respect and dignity.?
?We are reasonable people to deal with and we know times are tough,? reads one letter from Capio to a debtor.
But the company?s collection techniques have detractors.
In the past two years, Capio has been sued 15 times in federal court alleging violations of the Fair Debt Collection Practices Act.
Unlike Choi, who for unknown reasons didn?t hear from Capio for years before finding his credit rating had dropped, plaintiffs in nine states accused the company of trying to collect on bills already discharged by bankruptcy filings, reporting bills to a credit rating agency past the legal time limit, using profanity and harassing relatives of suspected debtors, the complaints say.
Some Capio targets alleged they were not the people the debt collector was looking for, but they still received multiple phone calls daily with no way of correcting the problem.
Others, like Sherry Bates of Conroe, Texas, disputed the validity of the bill, according to her complaint against the company.
?[Capio] informed [Bates] that the debt was only about $80 and she should just pay it and not worry about whether or not she really owes the money,? Bates? complaint says.
When she refused, Capio reported the debt to a credit agency, even though it was too old to report, and called Bates so often she changed her phone number, her complaint says.
Bates, like almost all of the plaintiffs, settled her case with Capio, according to court records. The details were not publicly available.
Capio chief financial officer Mark Detrick said the company would not discuss its business.
He released this statement: ?Capio Partners provides a valuable service to health care providers. We add value by supplying much needed cash flow, which allows the providers to concentrate on what they do best ? providing quality care to their patients.?
http://www.ajc.com/news/health-care/patients-in-arrears-face-966953.htmlReply !
| Tennessee 2011-09-14 00:02:16 Unknown |
Go straight to hell! You don't know your a** from a hole in the ground, obviously! I don't owe anybody any damned money. If you are so in favor of Mitchell and A***oles, Inc., why don't you go to work for them? They are hiring, you know...
| tennessee 2011-09-13 23:58:42 Unknown |
Obviously, she doesn't OWE a "bill"! Mind your own damned business!!!!!
| bob146 2011-06-06 21:06:25 Unknown |
repeated calls for someone who doesn't live here. how do they get your number?
| TJ 2011-06-06 21:06:25 Unknown |
I called this number back to find out who it was after researching it on the internet. I actually got a live person and gave them my number; she looked it up and told me who they were looking for and they were looking for one of my ex-in-laws! I told them to remove me from their list because I don't know why they were calling me in the first place and how they even got my number! Very courteous and stated that they will remove my number from their list.
| diana henthorn 2011-06-06 21:06:25 Unknown |
now they are going by a real person to talk on the phone and as to be in the same office because they are just 1 number off 903-813-3835
| Steve 2011-06-06 21:06:25 Unknown |
Called looking for someone of whom I've never heard. I just got this cell number approx. 2 weeks ago so perhaps it was this person's number before being assigned to me. Automated message so I couldn't speak to them. I don't care to call them back so I have simply blocked the number through my wireless carrier.
| caspar 2011-06-06 21:06:25 Unknown |
Several calls a day. Recording asks for person not living at this home and if you are not that person hang up. Sounds like a pretend Law Firm.
| irene 2011-06-06 21:06:25 Unknown |
phone# 903 813 3830 on my caller id 2 days in a row with no message left.
| Texas 2011-06-06 21:06:25 Unknown |
Recording asking for Angelina Gozant (sp?). Said if are her then press 1. Hung up. Caller ID showed Law office of....
| PK 2011-06-06 21:06:25 Unknown |
Left message. Collection Agency located in Sherman, TX 75090.
Purchased old debt or new. Ask for Notarized certified letter of who they purchased "debt" from and when and who owned debt prior and when debt was incurred.
Business Contact and Profile
Name: Mitchell D. Bluhm & Associates,LLC
Phone: (866) 945-8627
Fax: (903) 893-4157
Address: 2222 Texoma Parkway,Suite 160
Sherman, TX 75090
Principal: Michael McGraw
Customer Contact: Michael McGraw - (866) 945-8627
File Open Date: August 2009
Type of Business: Collection Agencies
BBB Accreditation: This company is not a BBB Accredited business.
| hp 2011-06-06 21:06:25 Unknown |
Automated message saying it was the Law Office of Mitchell Bloom in regards to collecting a debt. It's a bad economy. I'm unemployed. Take a number, buddy.
| David Young 2011-06-06 21:06:25 Unknown |
Called for someone who does not live here. Automated recording. We returned the call - they claimed to be Mitchel D Blume.
| twelch11 2011-06-06 21:06:25 Unknown |
my husband got a call from this number in Sherman, TX. Says if not this person then hang up.
| InTexas 2011-06-06 21:06:25 Unknown |
They called my number looking for my son, but the prompts did eventually give me the option to "push 3" if this is an incorrect number. We'll see if they call back. My son doesn't even live in Texas.
| lamet 2010-07-30 13:49:33 Unknown |
NOT A LAW OFFICE - JUST A SCUMBAG JUNK DEBT BUYER - they CANNOT PROVE anyone owes them ANYTHING.
This information is from a NATIONALLY KNOWN Consumer Advocate website that specializes in ILLEGAL DEBT COLLECTION issues and how to handle them.
http://consumerjustice.com/consumer/agencydetail.aspx?id=7527
Bluhm, Mitchell, Law Office of
2222 Texoma Parkway, #160
Sherman, Texas, 75090
--------------------------------------------------------------------------------
Phone No. 866-945-8627 866-945-8621
Fax
Mitchell D. Bluhm, GA Attorney(?)
Notes
This appears to be some type of scam. There is NO Mitchell Bluhm licensed to practice law in Texas, he has no surety bond. Someone needs to straighten this mess out, until then, hold on to your money.
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum2/index.php
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
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/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html
If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list.
You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
| katami 2010-07-30 13:37:01 Debt Collector |
I got another call from this number, and the recording said to press "one" so I did, then it said, "please hold and the next available customer assistance representative will help you". Then there was loud music.
Wait a minute. YOU called me! I don't need to "hold" until some dirtbag is available to discuss payment of a bill that was paid months ago.
Click.
| Qtr_Thn_U 2010-06-17 18:08:10 Unknown |
Well "None" maybe you mean no disrespect but the way your going about your "rants" seems to include almost anyone with a debt... I wouldn't doubt if you yourself worked for this "law firm"
I happen to be a single mom with 2 boys I work 60 plus hours a week and my ex was COURT ORDERED to carry insurance for our 2 boys... he has refused!! I have had to take the boys to the hospital on many occasions as they are boys and play many sports!!! I was told NOT to get any insurance and NOT to pay any of the medical bills so WHEN we find him we can actually make him pay them. So I have made NO attempt to pay it... I have made no attempt to talk to these people since they were SO nasty to me when I tried to explain the situation "I don't see where any of that is my issue I didn't sleep with the father!!!!!" "If you can't support these kids then why did you have them!!!!" These are the responses I got!! When asked if I could speak with someone in charge I was laughed at and told they have better things to do with there time than take complaints from "people like you!!!" I do NOT recieve welfare or any kind of assistance (not saying anything bad if you do just trying to show NONE where his arguements are WRONG!!!) I work hard for my money and I volunteer my time to help needy kids as well!!! So maybe you should just quit trying to make everyone feel so bad about themselves as you are NO better than anyone... we all put our pants on one leg at a time SAME AS YOU!!!!
| Bad Debt 2010-06-16 17:43:52 Unknown |
If the debt is more than 3 years old in SC it's not collectible (with exceptions; ex: timer reset actions (best just not to negotiate if you know you can't pay))
| katami 2010-05-26 23:03:07 Unknown |
JOB DESCRIPTION: Calling people and harassing them over debts that were paid years ago.
JOB REQUIREMENT: Must be a complete jerk with lots of time on your hands and it helps to hate the world.
PAY: You get a percentage of whatever you can squeak out of poor people. Most of these are medical debts so the person may be on a ventilator, dialysis, or already dead. We don't care! Dead, deadbeat-- same thing!
Send your resume to Mitchell Bluhm & A**
You can be a Legal A**!
| lamet 2010-05-21 12:40:56 Unknown |
If you actually look beyond on the complaint boards - YOU CAN FIND information on this ILLEGAL debt collector - for instance - this is NOT A LAW OFFICE! Its illegal for a debt collector to claim to be an attorney or claim to be a law office!
YOU CAN SUE THEM FOR HARRASSMENT UNDER FDCPA as well as TCPA if you ARE NOT the person they are trying to collect from TCPA allows for $500 for every call they make to you.
This information is from a NATIONALLY KNOWN Consumer Advocate website that specializes in ILLEGAL DEBT COLLECTION issues and how to handle them.
http://consumerjustice.com/consumer/agencydetail.aspx?id=7527
Bluhm, Mitchell, Law Office of
2222 Texoma Parkway, #160
Sherman, Texas, 75090
--------------------------------------------------------------------------------
Phone No. 866-945-8627 866-945-8621
Fax
Mitchell D. Bluhm, GA Attorney(?)
Notes
This appears to be some type of scam. There is NO Mitchell Bluhm licensed to practice law in Texas, he has no surety bond. Someone needs to straighten this mess out, until then, hold on to your money.
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum2/index.php
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
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/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html
If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list.
You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
| mto 2010-05-21 12:16:31 Unknown |
Scum. Apparently they have linked my name and info to some unknown person's debt.So I will never answer these calls. It is interesting how these companies waste all this time and money making useless phone calls to people with Caller ID who have enough sense to never answer them. If they were legitimate, they would send collection notices by postal mail. Their entire purpose is to trick debtors into a promise to make some payment which will start the Statute of Limitations running all over again. Then they can sue for a judgement. And before some holier than thou starts squeaking...pay your debts. Circumstances such as losing a mate, a job, a health crisis can quickly deplete all financial reserves. Sleazy practices by banks, loan companies and credit card companies only add to the problem.
Note, do not give these people any info about yourself, they will leave a message about some unknown person, hoping you will call back to correct them and then they have you on the line and get YOUR information. Underhanded. Also, some of these junk debt collection joints will go after debt discharged in bankruptcy by posing as a NEW debtor not included in the bankruptcy.