Also got this call, she asked for someone by a different first name and would not tell me who she was. Oh well, if it was a collection agency, I wont answer that call again.
Also got this call, she asked for someone by a different first name and would not tell me who she was. Oh well, if it was a collection agency, I wont answer that call again.
Debt Collectors rely on your ignorance of the law and think they can do whatever they want to whomever they want - AND THEY WILL DO WHATEVER THEY CAN TO COLLECT A DEBT YOU PROBABLY DO NOT OWE.
the worst are the junk debt buyers who pay pennies for a debt and then break every state and fed law on the books to collect these time-barred, discharged in bankruptcy, result of identity theft or just plain DO NOT EXIST DEBTS!
COLLECTION AGENCIES DO NOT WANT YOU TO KNOW THIS INFORMATION!
FROM www.budhibbs.com A CONSUMER ADVOCATE WEBSITE that specializes in Debt Collections and offers assistance to consumers. THEY ALSO EXPOSE THE WORST FDCPA VIOLATORS IN THE COUNTRY
Dealing with debt collectors
http://www.budhibbs.com/start.html
Statute of limitations by state – always double check directly with your own State Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from debt collectors – always double check with your own State Government website
http://www.budhibbs.com/record.htm
From FEDERAL TRADE COMMISSION WEBSITE
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
THE GOOD NEWS IS - STATE ATTORNEY GENERAL'S ARE WORKING FOR US TO STOP ILLEGAL COLLECTION TACTICS
These are recent
NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION
37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt
Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims
New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo’s ongoing investigation into unlawful debt collection practices.
According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo’s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.
Today’s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP’s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP’s affidavit, that proper legal service was made.
“Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,” said Attorney General Cuomo. “ALP’s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today’s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.”
ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in “sewer service,” where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.
The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP’s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.
To rectify ALP’s widespread fraud on New York’s courts and consumers, today’s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York’s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today’s lawsuit asks the court to order the law firms and debt collectors to:
* Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
* Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
* Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.
Additionally, where a default judgment is ultimately vacated, today’s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General’s Office estimates that the average default judgment totaled approximately $5, 474.
Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: “Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.”
The law firms and debt collectors named in today’s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O’Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.
Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.
This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.
ATTORNEY GENERAL CUOMO SUES TO SHUT DOWN BUFFALO-BASED DEBT COLLECTION OPERATION THAT ILLEGALLY HARASSED AND THREATENED CONSUMERS NATIONWIDE
Employees Used Verbal Abuse and Sexual Harassment to Intimidate Consumers Into Paying Debts
Latest Action in Cuomo’s Ongoing Probe into Unlawful Debt Collection Practices
BUFFALO, NEW YORK (August 18, 2009) - Attorney General Andrew M. Cuomo today announced that his office has filed a lawsuit seeking to shut down a Buffalo-based debt collection operation consisting of 13 debt collection companies run by Buffalo residents Omar Smith, Narvell Benning and Keith Marshall (collectively, the "Benning-Smith Group”). Today’s announcement is the latest action in Attorney General Cuomo’s ongoing investigation of unlawful debt collection practices.
According to the more than 850 consumer complaints filed with the Office of the Attorney General, the Federal Trade Commission and the Better Business Bureau, the Benning-Smith Group's employees violated state and federal law by routinely posing as law enforcement officials and threatening to arrest or to physically harm consumers unless they made arrangements to pay the company immediately. Additionally, the Benning-Smith Group made abuse and humiliation a trademark of their collection practices by verbally abusing consumers and, in some instances, sexually harassing them. To date, the Attorney General’s investigation has identified more than a thousand instances in which the Benning-Smith Group breached state and federal statutes. Cuomo’s lawsuit, filed today in Buffalo Supreme Court, seeks to shut down all of the Benning-Smith Group’s operations in the Western New York.
“This company made lies, threats and abuse their calling cards in their efforts to manipulate and take advantage of consumers already facing tough economic times,” said Attorney General Andrew Cuomo. “They did everything they could to demean and humiliate their targets, stooping so low as to sexually harass and verbally abuse individuals nationwide. My Office will continue to protect consumers by making it clear that companies like this one will not be permitted to operate in the State of New York.”
According to the lawsuit filed by the Attorney Generals Office, Omar Smith, Narvell Benning and Keith Marshall ran at least 13 debt collection companies that operated out of multiple locations and under various assumed names in Western New York. The Benning-Smith Group operated under several names, including:
Abrams, Burke & Associates;
Benning and Smith Acquisitions, Inc.;
Brady and Caruso, LLC;
DebtPayments.com;
DebtPayments.com, LLC;
Fredericks, Goldstein & Zoe;
Graham, Noble & Associates Bookkeeping;
Graham, Noble & Associates LLC;
Graham,Beagle & Associates LLC;
Kingman, Cole and Associates, LCC;
Marshall and Ziolkowski Enterprise, LLC;
Marshall Ziolkowski Acquisitions, LLC;
Lansky, Goldstein, Zoe;
OLS Payment Services; and
University Debt Collection.
Attorney General Cuomo’s investigation revealed that collectors regularly demanded payment for non-existent debts or substantially inflated the amount owed on an actual debt. Using their false law enforcement identities, collectors coerced and cajoled terrified consumers into agreeing to make payments. Frightened at the prospect of arrest and humiliation, consumers authorized withdrawals from their checking accounts, sent Western Union moneygrams and/or money orders out of fear.
In one instance, a Benning-Smith collector kept repeating the name of a consumer’s daughter, describing various sexual things he would do to her unless the debt was paid. Another collector told a female consumer that if both she and her husband would engage in sexual acts with him, he would pay their debt himself. Collectors routinely called consumers “drunks,” “scumbags,” “deadbeats,” and, in one instance, “a low-life piece of trash.”
The federal Fair Debt Collection Practices Act, the New York State debt collection and consumer protection laws prohibit the following conduct: posing as an attorney, threatening lawsuits or other legal action which cannot be taken, saying a consumer committed a crime or will be arrested and talking with third parties except to get location information. These statutes also bar the use of deception and harassment in collection practices. The law further requires collection agencies to send a written notice within five days of initial communication with the consumer explaining how he or she can dispute the debt. If properly disputed, the collection agency must stop all collection attempts and send verification.
Today’s action is part of a larger investigation by Attorney General Cuomo into unlawful debt collection practices. In June, Cuomo obtained a court order shutting down the fraudulent activities of another Buffalo-based collection racket and initiated criminal charges against the owner of that operation. His Office previously shut down two other collectors for threatening and intimidating consumers into paying debts that they did not owe. Additionally the Office of the Attorney General remains engaged in litigation with two debt settlement companies for fraudulent business practices and false advertising by selling misleading debt settlement plans that very rarely deliver the promised benefits to consumers dealing with debt.
Cuomo also launched a website - www.NYDebtHelp.com- that explains consumer rights, allows victims of debt collection and debt settlement companies quick access to the Attorney Generals office to file complaints, and outlines the stages of the Attorney Generals investigation.
The case was handled by Assistant Attorney General James Morrissey and Senior Consumer Fraud Representative Karen Davis, under the supervision of Deputy Attorney General David Sampson
Missouri AG Takes on Portfolio
Attorney General Koster takes action against fraudulent debt collectors
--Koster says businesses tried to collect debts people didn't owe--
St. Louis, Mo. - Attorney General Chris Koster today filed suit against two debt collection companies that are operating scams to collect debts from citizens who do not owe the money.
Koster filed law suits in St. Louis against Portfolio Recovery Associates, a public company based in Virginia, and Professional Debt Management located in Kansas City.
Koster said Portfolio buys old and bankruptcy-discharged debt, often from another bad debt buyer, and then tries to collect, sometimes through court action. He said the company often is attempting to collect on accounts that are already paid or have been discharged in bankruptcy; sometimes they try to collect from the wrong consumer or for the wrong amounts. He said the company has threatened to garnish consumers' social security checks, which they have no authority to do, and has refused to provide consumers with proof that the debt is valid.
Koster said Professional Debt Management uses scare tactics, leaving messages on consumers' phones that there is an emergency. He said that like Portfolio, they attempt to collect on accounts already paid or from the wrong party.
"The Attorney General's office intends to take aggressive action to protect Missouri consumers," Koster said. "I am asking the court to issue a permanent injunction prohibiting these companies from violating consumer protection laws and to order that they provide full restitution to the people they have harmed."
Koster also is asking that the court impose monetary penalties and require the companies to pay all court costs.
July 6, 2009
The operators of a debt collection firm will pay $225,000 to settle charges with the Federal Trade Commission. The FTC accused the company of using false threats and other unlawful tactics to collect consumers' debts.
According to the FTC complaint, the defendants, who had about three million consumer accounts and collected debts in every state, told consumers their nonpayment of debt would result in garnishment of consumers’ wages, arrest, or legal action., none of which was true.
The FTC alleged that the defendants used illegal and abusive debt collection methods: they called consumers before 8 a.m. or after 9 p.m.; called their workplace when the collectors knew or had reason to know that the calls were inconvenient; told employers, co-workers, relatives, and neighbors about the consumers' debts; continued calling after receiving consumers’ written demands to stop; and used harassing and abusive tactics such as calling many times a day, calling right back after a consumer hung up, and using profane or other abusive language.
Consumers filed hundreds of complaints with the FTC, the Metropolitan New York Better Business Bureau, various state attorneys general, and the defendants, according to the complaint. The defendants often failed to address the law violations alleged in the complaints and often dismissed complaints without significant investigation or disciplinary action against employees, the FTC said.
Even in the face of substantial evidence of debt collection violations, the defendants’ collectors often went unpunished or merely received a warning, the complaint stated. The settlements prohibit the defendants from further violations of the FTC Act and the Fair Debt Collection Practices Act.
The settlement with Oxford Collection Agency, Inc., doing business as Oxford Management Services; Richard Pinto; Peter Pinto; and Charles Harris imposes a civil penalty of $1,060,000, all but $225,000 of which will be suspended. The settlement with Salvatore Spinelli, individually, and d/b/a Salvatore Spinelli, Esq., Attorney-at-Law, also imposes a $1,060,000 civil penalty, which will be suspended based on his inability to pay.
The full judgments will become due immediately if the defendants are found to have misrepresented their financial condition. The settlements also contain record-keeping and reporting provisions to allow the FTC to monitor compliance with the orders.