Have funds been taken from you bank account by one of your creditors?

If you get behind on your payments to your creditors, they can legally seize funds from your bank account!  Are you behind on any debts such as:

• Credit Cards
• Pay Day Loans
• Personal Loans
• Car Reposessions
• Medical Bills
  

If you are behind on your payments, don't worry quite yet.  A creditor can take a number of steps to collect, but they cannot contact your bank and take money out of your account without a WRIT OF GARNISHMENT OR LEVY.

A creditor can attempt to collect an unpaid, unsecured debt with:

• Phone calls (stop the collection calls --> CLICK HERE)
• Letters
• Summons to be awarded a DEFAULT JUDGMENT

Even if you get behind a month or so on a credit card bill, your creditor cannot go to your bank to request funds without first going through a series of legal attempts to collect.

Having said that, a creditor/collector is PROHIBITED from violating the Fair Debt Collection Practices Act (FDCPA). If you feel that you are being harassed by creditors, take some time to LEARN ABOUT YOUR RIGHTS.

If a credior has been awarded a judgment concerning the debt you owe, then they can go after your bank funds!

There are ways to stop a bank levy or to recover funds taken or frozen due to a writ of garnishment or levy having been presented to your bank. We can help.  Give us a call or click the link below for a free consultation!

Debt collector harassment can make your life miserable!

I read an article today from the Oreonian entiltled "Eugene woman sues after bill collector sends cops to house".

You can click on the link above to get the complete story, but here's a summary:

• Retired, 85 year old woman got behind on her Wells Fargo Mastercard
• Wells Fargo turned the account over to a collector
• Collector repeatedly calls and harasses her
• Collector uses one of the cruelist, unprofession and I think, illegal tactics that I've ever heard of.  He calls the police and tells them she is suicidal and of course they come to her house.
• As a result, they "forcibly" took her to an emergency room with a warning not to leave (according to the claim)
• Now she has additional medical bills from the fiasco!

I do not know what prompted the collectors action.  Hopefully, the lawsuit will sort this all out.

But, are you serious?  Can a debt collector harass a senior citizen to the point of possible suicide and not suffer severe consequenses? 

It seems so...but we have rights.  Hopefully her lawsuit will help.

The Fair Debt Collection Practice Act  is the law about what a collector can and cannot do, and in my opinion, this collector has violated the law.

According to the FDCPA, these are practices that 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:

• 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
• contact you by postcard.

If you or someone you know (especially a senior citizen) is receiving harassing calls and/or illegal activity from a debt collector, you have options:

• Click here for a free guide on HOW TO STOP COLLECTION CALLS.
• Contact your states attorney general a file a complaint. 

           In Oregon, Click Here:

 photo by: BLW Photography

If you have fallen behind on your credit card payments, you know just how annoying the debt collector calls can be. Some people are so bothered by creditor calls that they change their phone number or even disconnect their phone to get some peace and quiet. 

Although your creditors have the right to attempt to collect an unpaid debt, a creditor must do this within the limitations for the Fair Debt Collection Practices Act (FDCP).

A CREDITOR CANNOT:

• Make frequent or harassing calls!  In other words, they cannot dial you you 10 times a day!
• Call you at work!  If you are getting calls at work, it could jeapordize your job and your employer will certainly not think well of you!
• Make threats of legal action without following through!  "If you don't send us money now, we will start a lawsuit against you".  Well, if they say it, they better start it, or you can file a complaint with your state attorney general.
• Call family or friend and tell them you are  delienquent!  They can call a family member or friend in an attempt to get information about how they can contact you, but they cannot discuss your debt with them or mention your situation in any way!

Download this FREE GUIDE -->

How To Stop Collection Calls

The best way to stop collection calls is to write a letter to the collector stating that you intend to pay your bill, but you cannot at this time.  Tell them that you are giving them legal notice according to the FDCPA to stop calling you immediately or you will report them to the attorney general.

It is best to mail the letter as registered mail so that you have proof that they received it.

After a collector receives the request in writing, they can only call you one more time to state they received it and what their intentions are in the future. If they call you again, it is time to to go online to your state attorney general's site and file a complaint.

You can try to simply fax the letter to the credior.  In most cases this will stop the calls, but legally the creditor does not have to stop without the written request by mail. In some cases, a creditor may honor you request by phone, but this doesn't happen often.

If you are intimidated by collectors, then we can help. Simply click the link below to find out about your options.

photo by: Mykl Roventine

If you have fallen behind on your credit card payments, you know just how annoying the debt collector calls can be. Some people are so bothered by their creditors ongoing calls that they change their phone number or even disconnect their phone to get some peace and quiet. Although those are good options, they really only need to be uses as a very last resort. 

A little education can go a long way.  Here is what you need to know to stop those collection calls once and for all! 

When Can Debt Collectors Call?

The Fair Debt Collection Practices Act (FDCPA) is the Federal law that says what debt collectors can and can't do. They aren't to call you about a debt that you don't owe. When you are first contacted by a collection agency, you have the right to request them to verify the debt is yours. If the debt collector can't come back with proof that you owe the debt, they're not allowed to contact you anymore.

Even without sending a validation request, debt collectors have certain rules they must follow when it comes to contacting you over the phone. They can't call you before 8 a.m. or after 9 p.m. your local time. They can't call you repeatedly, and they can't call you at anytime you've previously stated is inconvenient.

Stop Debt Collection Calls

All you have to do to stop debt collectors from calling you is tell them that you prefer to communicate with them in writing. Written communication works in your favor because it gives you a record of everything that is said. If the debt collector violate the FDCPA, you have written proof of that violation. Keep in mind that, by law, the debt collector does not have to honor this request.

If the debt collector does not honor your request to communicate with you in writing, the next best way to stop debt collectors from calling you is by sending what is known as a cease and desist letter. In the letter, state that the collector should cease and desist further communication with you. Note that the cease and desist letter only applies to debt collectors, not the original creditor.

What Happens After you send the Cease and Desist?

Once the collection agency receives your cease and desist letter they can communicate with you once more, via mail, letting you know one of three things.

1. further efforts to collect the debt are terminated
2. Certain actions may be taken by the debt collector
3. The debt collector is definitely going to take certain actions.

When you send the cease and desist letter to the debt collector, send it via certified mail with return receipt requested. This will provide proof that the letter was sent and received. If the debt collector communicates with you beyond the single instance allowed by law, this evidence will allow you to seek punitive action against the debt collector.

photo by: stevendepolo

Getting behind on bills is a scary position to be in. Dealing with debt collectors is never fun, but the good news is that even if you owe money to a creditor, you still have rights. 

The Fair Debt Collection Practice Act (FDCPA)

It doesn’t matter if the collector works for a collection agency, a corporate collections department, a third party, or is an attorney. The Fair Debt Collection Practice Act covers personal debt such as medical bills, car loans, mortgages, and money owed on credit cards—but it doesn’t cover business debts.

When a debt collector starts the collections process, they need to know where you live, your phone number, and where you work, for instance. They might call a relative or a business, like a utility company, to get the scoop on you. An important rule that’s often violated is that debt collectors may not discuss your debt with anyone other than you, your spouse, or your attorney. 

You may be surprised to know that a debt collector can’t just ring you up any time they feel like it. They can’t call you before 8:00 am or after 9:00 pm in your time zone. They can’t call you at work if you notify them that you’re not allowed to take calls there. And if you have an attorney who is representing you about your debt, a collector must speak to them, not to you.

How to Dispute a Debt with a Debt Collector

After a debt collector makes initial contact with you, they have to send you a written “validation notice” about your debt within five days. The notice should include the name of the creditor and the amount they believe you owe. If you don’t agree that you owe some or all of the debt, take these four steps to dispute it:

1. Tell the collector over the phone that you believe there’s an error and ask them to stop contacting you.
2. Send a letter to the collector, within 30 days after you receive their validation notice, stating that you believe they’re mistaken and to stop contacting you. 
3. Make a copy of the letter for your files.
4. Send the original letter by certified mail and pay for a return receipt so you have proof that it was received. 

After they receive your dispute letter, a collector can only contact you to confirm that they won’t be contacting you anymore, or to inform you about a legal action that they’re going to take.

If the debt collector sends you back a written verification of the debt, such as a copy of a credit card bill that you haven’t paid or a promissory note that you signed, then the process starts over and they can contact you again.

Debt collectors are prohibited from harassing you or lying to you.

The following are some examples of what’s not allowed:

• Calling you repeatedly
• Threatening to harm you or using profane language
• Publishing your name as someone who hasn’t paid a debt (except to a credit reporting agency)
• Misrepresenting their identity, company name, or the amount you owe
• Telling you that legal action will be taken against you if they don’t intend to do it or if doing so would be illegal
• Sending you anything that looks like an official government document if it isn’t
• Depositing a post-dated check early
• Mailing you a collection notice by postcard 

You can report a debt collector who violates The Fair Debt Collection Practice Act to your state Attorney General’s office and to the Federal Trade Commission. You can also sue a debt collector within one year of a violation. If you win, they’re liable for damages that you can prove, such as lost wages. You could also be reimbursed for your attorney’s fees and court costs. However, winning a case against a collector who violated the law doesn’t erase your debt if you still owe it.

I certainly recommend that you pay all your bills on time. But if you can’t, try to get help before the collectors come calling by communicating directly and honestly with your creditors. They’re more likely to give you favorable treatment when you take the initiative to let them know you’re having a temporary financial setback but that you still plan to pay your debt.

Are creditors calling you at all times of the day and night?  Are you embarrased by collections agencies calling your workplace?  You don't have to put up with it! 

Federal law prohibits creditors from taking certain actions in attempting to collect debts. A creditor has the right to call or contact you if you are delinquent in your payments, but they must do so within the guidelines of the Fair Debt Collection Practices Act FDCPA.

Follow these 2 easy steps to stop creditor calls once and for all:

1. Submit a letter to the creditor demanding that they do not call you. To do so, you will need the address of the creditor. If you do not have a recent statement or letter with that information, you may need to call the creditor or go online.

Simply state that you intend to repay this debt (unless you are going to dispute it), but are not in a financial position to do so at this time. State that you do not want them to call you at home or at work about this matter anymore and that if they do so, you intend to contact the Federal Trade Commission FTC and the Attorney General in the state where you reside.

2. Send the letter by certified mail, but make sure you keep a copy for you file. It is worth the small fee to pay for a “return receipt” so that you can prove that they received the letter.

It's that simple.  The creditor may only contact you once again to state that they will not contact you again or that they intend to take action such as filing a claim for a lawsuit.

Sending the letter does not get rid of the debt, but it should stop the collector for calling for a few months at least. When a collection agency fails to collect a debt for their client (Citi, Chase, etc.) within 90-180 days, most creditors will take that account back and send it to a different collection agency. If this happens, you may need to repeat the process with the new collector.

If a debt collector contacts you and claims you owe a debt, how can you make them prove that you still owe it?

Under the Fair Debt Collection Practices Act (FDCPA), you have the legal right to make the debt collector prove the validity of 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.

When you receive a letter from a debt collector, it basically states that you have 30 days to dispute the validity of the debt and that if you do not, then the debt will deemed to be valid. If you don't think you owe the debt, then you must send a WRITTEN REQUEST to the collector within 30 days of receiving the validation request.

Your Debt Validation letter should say something like:

Dear XYZ Collections:

I am sending this letter in response to a letter (or phone call) I received on (date).

Your reference number is 123456789.

I am requesting that you provide validation of this debt according to the Fair Debt Collection Practices Act.

If you do not provide validation, I will file a complaint with the Federal Trade Commission and your state's Attorney General for Civil and/or Criminal claims.

Sincerely,

It is best that you send the request via certified mail with a return receipt request.  This way, you can prove that they received it.As soon as the collector receives the written request, they cannot contact you unless it is to provide you with proof that the debt is valid.

After receiving your request, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor. It is not considered validation for the collection agency to state that you owe the debt. They must provide documentation from original creditor. 

If the debt collector does not respond to your request within 30 days, they may not continue to attempt to collect the debt from you nor can they list the debt on your credit report. However, if the debt collector does list the debt on your credit report, you can dispute the debt with the credit bureau.

Key Debt Validation Takeaways:

1. You have the legal right to make any debt collector prove the validity of the debt they are trying to collect.
2. Once you receive a collections letter, send them a Debt Validation Letter via Certified Mail.  The creditor mus receive this letter within 30 days.
3. If a creditor falsely reports a debt to your credit report, you can dispute the debt with the credit bureau.

Tired of Collection Calls? Click the link below for a Free Report:

phot by: Eleaf

The Fair Debt Collection Practices Act (FDCPA) provides the consumer with specific rights to protect from debt collectors.

If you have an account that has been charged off and sent to a collection agency, you most likely have experienced the efforts of an unscrupulous debt collector!

Basically, a debt collector cannot:

• Threaten or berate you
• Harass or intimidate you
• Call numerous times or during odd hours
• Make false statements or their intentions ("...we will sue you if you don't pay now!")
• contact neighbors, family or friends about the debt.  They can only state that they are trying to locate you.
• Contact your employer about your debt

How to stop the collection calls:

If you receive a letter from a collector, it will have the name of the company and address.

Write a brief letter stating that you demand that the collector stoop calling you at home (and work if employed) or you intend to report them to your state attorney general.

Date and sign the letter.

Mail by registered mail (you need a receipt proving that the collector received the letter).

Start a phone log and keep a clear record of all calls that come after the receipt of the letter. A collector may call one time after receipt to state they have received the letter and will not call you anymore.

Usually, the make one last threatening remark like, "now you have forced us to start legal action against you...".

Take good notes, because if they do not start legal action, you may have grounds to sue them!

Dealing with debt collectors is a very trying experience and you may need help.

We have been helping our customers for 8 years to:

• Stop the collection calls
• Lower the monthly amount they need to pay
• Negotiate the debt for a 50% or more reduction
• Improve their credit rating as debts are settled

If you need help dealing with your creditors, give us a call TODAY!

1-877-492-4109

If you are behind in your credit card payments, it won't be long before you are contacted by debt collectors!

Here are 3 Illegal Debt Collection Practices to look out for!

#1  CALLING OVER AND OVER AT ALL HOURS OF THE DAY

According to the Federal Trade Commission (FTC) which enforces the Fair Debt Collection Practices Act (FDCPA), collectors are prohibited from using abusive methods to try to collect a debt.

A collectors main tatic is INTIMIDATION and their favorite method is to call several times a day at all hours.

The FDCPA states that a collector MAY NOT contact you before 8am (your time zone) or after 9pm at night.

#2  HARASSMENT

Again, the FDCPA specifically states that a debt collector MAY NOT:

• Use any threat of violence or harm
• Publish your name on a list of people who refuse to pay their debts
• Use obscene or profane language, including telling you how bad a person you are for not paying your bills!

#3  MAKING FALSE STATEMENTS

A debt collector also MAY NOT:

• Falsely claim to be an attorney or government representative
• Implying that you have committed a crime
• Falsely claim that they work for a credit reporting agency
• Tell you that you may be arrested if you don't pay
• Flasely claim that they will seize, garnish or sell your property UNLESS they are permitted by law to take action or THEY FOLLOW THROUGH.
• Send you anything that looks like an official court document if it isn't


What can you do if you have been a victim of these Illegal Debt Collection Practices?

To put a stop the harassing phone calls, you need to send a letter demanding that they stop.

Click here for a FREE GUIDE TO STOP THE CALLS.

You can contact your state's attorney general's office or the FTC to file a complaint. Most state's have separate divisions to handle consumer complaints.  (For example, in Oregon, you would contact the Oregon Department of Justice.)

If you feel overwhelmed, you may want to contact an experienced company that specializes in helping people deal with debt.

The point is...YOU DON'T HAVE TO TAKE IT!

I came accross this video today and my jaw hit the floor. Here at Debt Relief, we get calls every day from people who have been threatened by their creditors.  Unfortunately, fraudulent debt collection practices happen all of the time, but you DON'T have to take it!

The Fair Debt Collection Practices Act, FDCPA, dictates how debt collectors can act when collecting a debt from you. These are things a debt collector can't do.  Here is a list of 15 FDCPA Violations to watch out for:

1. Ask you to pay more than you owe - The collector cannot misrepresent the amount you owe.

2. Ask you to pay interest, fees, or expenses that are not allowed by law -The collector can't add on any extra fees that your original credit or loan agreement doesn't allow.

3. Call repeatedly or continuously - The FDCPA considers repeat calls as harassment.

4. Use obscene, profane, or abusive language - Using this kind of language is considered harassment.

5. Call before 8:00 am or after 9:00 pm - Calls during these times are considered harassment.

6. Call at times the collector knew or should know are inconvenient - Calls at these times are considered harassment.

7. Use or threaten to use violence if you don't pay the debt - Collectors can't threaten violence against you. 

8. Threaten action they cannot or will not take - Collectors can't threaten to sue or file charges against you, garnish wages, take property, cause job loss, or ruin your credit when the collector cannot or does not intend to take the action.

9. Illegally inform a third party about your alleged debt - Unless you have expressly given permision, collectors are not allowed to inform anyone about your debt except:

   • your attorney
   • the creditor
   • the creditor's attorney
   • a credit reporting agency
   • your spouse
   • your parent (if you are a minor)

10. Repeatedly call a third party to get your location information - The collector can only contact a third party once unless it has reason to believe the information previously provided is false. 

11. Contact you at work knowing your employer doesn't approve - A collector is not allowed to contact you at work if you’ve let them know your employer doesn’t approve of these calls.

12. Fail to send a written debt validation notice - Within five days of the collector's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days.

13. Ignore your written request to verify the debt and continue to collect - A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice.

14. Continue to collect on the debt before providing verification - After receiving your written dispute, the collector must stop collecting on the debt until you have receieved verification.

15. Continue collection attempts after receiving a cease communication notice - If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions.

Steps to take if a debt collector violates FDCPA

If it is found that a debt collector has violated FDCPA norms, you have every right to legally penalize the debt collector in a state court or a federal court. You can sue a debt collector within one year from the time he violated FDCPA rules.

If you win the lawsuit, you can make claims for recovering damages you suffered due to debt collectors. In addition to this, you can also make claims amounting to USD$1,000.00. Attorney fees and court costs can also be recovered from the debt collectors if it is found that they have violated the FDCPA guidelines.