Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
Never assume they have a VALID DEBT OR LEGAL RIGHT TO COLLECT.
Debt collectors MUST FOLLOW your STATE laws regarding licensing. Check your Secretary of State for licensing requirements for ANY collection agency that contacts 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/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
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
There’s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors — or if you dispute the legitimacy of a debt — a debt collector may contact you.
“Time-barred” debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General’s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.
Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a “debt collector” generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.
The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.
Collecting Time-Barred Debts
Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.
Whether a time-barred debt — or any debt for that matter — can appear on your credit report depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions. In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc.gov/bcp/conline/pubs/credit/fcra.htm.
Contact with Collectors
Can a debt collector continue to contact you about a time-barred debt you don’t think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you’ve been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you’ve gotten proof of the debt.
You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again — except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn’t absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.
Future Collection Efforts
The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney’s fees. You also may want to report any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.
The FTC works 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 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. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. 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.
October 2004
they want money right away either from a credit card or wire transfers they saound indian or pakistani ..they will not give the name of the company ...they will say police will be arresting you or you will be suponoed etc
MORE ON FAKE DEBT COLLECTORS
http://800notes.com/Phone.aspx/1-904-425-9141
http://www.thepittsburghchannel.com/call4action/17285785/detail.html
http://www.800helpfla.com/newsletter/2008/092008.html
http://www.consumeraffairs.com/news04/2010/01/ks_debt_collection.html
http://consumeraffairs.com/news04/2010/07/video_bill_collector_scam.html NEWEST CONSUMER ALERT ABOUT THIS SCAM WITH VIDEO!
http://www.wvago.gov/internetloanscam.cfm
If you are targeted by these criminals, be sure to report them to all the following federal and state law enforcement agencies (most of which you can do online or over the phone):
1. The U.S. Secret Service is responsible for protecting the country's financial infrastructure and payment systems from international and domestic threats. Call or write your local Secret Service field office to alert them to the details of this attempted extortion. The addresses and phone numbers for the local Secret Service field offices are listed at http://www.secretservice.gov/field_offices.shtml or in your phone book.
2. Alert the FBI at https://tips.fbi.gov Be sure to tell the FBI that you are being targeted by extortionists over the phone. And if the crooks claim to be law enforcement or lawyers, officers of the court or bankers, be sure to include that information in your report.
3. File a complaint with your local police. Most police departments will take a report over the phone. Be sure to tell them that you're being targeted by an extortionist and give them all the details.
4. File a complaint your state's attorney general, the contact information for whom is at www.wvago.gov
5. File a complaint online with The Federal Trade Commission at https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
If these crooks call back, promise them nothing, pay them nothing and tell them nothing other than that you know they're a scam and that you've reported them to law enforcement. (And be sure to report them to all the agencies above each time they call you.)
By the way, here's just a small sample of numbers used by this particular group of scammers. Read the reports and you'll see the same pattern time and again -- phony organization names, thick foreign accents, and oddly worded threats that are so melodramatic and ridiculous that it's laughable:
http://800notes.com/Phone.aspx/1-888-771-9249 Scammer posting here as GARY and GARRY JONES
http://800notes.com/Phone.aspx/1-866-860-4509 Scammer posting here as Mike Henderson
http://800notes.com/Phone.aspx/1-212-500-0839 Scammer posting here as Ricky
http://800notes.com/Phone.aspx/1-201-244-7722 Scammer posting as Carole, David Brown and Amanda
http://800notes.com/Phone.aspx/1-626-200-4646 Scammer false postings at this new number as silshan kanniue and Tina – preparing a new number to use.
http://800notes.com/Phone.aspx/1-424-354-4270 Scammer false postings as Rose
http://800notes.com/Phone.aspx/1-888-785-4479 Scammer posting as Robert
http://800notes.com/Phone.aspx/1-909-327-4870 Scammer false postings as Marry
http://800notes.com/Phone.aspx/1-646-274-1143 Scammer false postings as Karen Miller, Chichi and Tom Little
http://800notes.com/Phone.aspx/1-561-300-8018 Scammer false postings as Marco Polo and Covenant
http://800notes.com/Phone.aspx/1-877-226-7488 Scammer false postings as SAM, David S
http://800notes.com/Phone.aspx/1-888-706-7463 Scammer false postings as George
http://800notes.com/Phone.aspx/1-209-349-7382 Scammer false postings as Towanda Robinson, Shannon Walsh, Jack Dawson and Cynthia
http://800notes.com/Phone.aspx/1-760-514-0132 scammer false postings as Suzy01, Johanna Hall, Cindie McMellon, Michael Dublin, Mark Williams, Carol and Rio (800notes removed some of the scammers posts because the all came from the SAME IP ADDRESS)
http://800notes.com/Phone.aspx/1-209-797-2212 scammer false posting as Jaison Connar
http://800notes.com/Phone.aspx/1-707-401-4056 Scammer false posting as John Carner, KSR
http://800notes.com/Phone.aspx/1-650-241-4604 Scammer false postings as jhon and Kevin
http://800notes.com/Phone.aspx/1-708-401-0535 Scammer false posting here as JHON
http://800notes.com/Phone.aspx/1-518-212-0219 Scammer false posting as Prince Christian, Arpit
http://800notes.com/Phone.aspx/1-718-705-8669 Scammer false postings as Alicia
http://800notes.com/Phone.aspx/1-707-633-2789 Scammer false postings as Rojer, Minni, Rhone, Smith, Lisa Jack, Julie, Sean, and Carol. – preparing a new number to use to steal money
http://800notes.com/Phone.aspx/1-205-294-6271 Scammer false posting as Thomas Jhonson
http://800notes.com/Phone.aspx/1-661-263-4011 Scammer false posting –ILLEGALLY claiming to be an attorney Charles F Robinson
http://800notes.com/Phone.aspx/1-321-684-4117 Scammer false posing as Harry Patt
http://800notes.com/Phone.aspx/1-518-565-0306 Scammer false posting as Wellvishers
http://800notes.com/Phone.aspx/1-678-791-4673 Scammer false posting as Sherrie Ann and Elvine Buris
http://800notes.com/Phone.aspx/1-305-390-0607 Scammer false posting as James and Mark
http://800notes.com/Phone.aspx/1-209-349-3112 Scammer false posting as Roger Brown
http://800notes.com/Phone.aspx/1-646-360-1702 Scammer false posting as STATE LEGAL DEPARTMENT
Scam alert: Bogus debt collectors
By Leslie McFadden • Bankrate.com
Monday, Aug. 3
Posted 2 p.m.
Bankrate reporter Leslie McFadden contributed this entry.
This scam isn't technically about credit cards, but it is scary enough to post a warning. The Better Business Bureau issued an alert today saying consumers across the country are getting phone calls from bogus debt collectors claiming default on a payday loan. Of course, the consumer needs to pay a large fee to avoid arrest -- as much as $1,000.
The caller poses as a lawyer, and may threaten extradition to face trial if the consumer doesn't pay up immediately.
What makes these calls alarming -- and perhaps convincing -- is that the perpetrators reference the consumer's personal information, such as the person's Social Security number, driver's license number, previous bank account numbers, home address -- even personal references.
"The amount of information they have is really troubling," says BBB spokeswoman Alison Southwick. She adds that the amount of data points to a possible security breach.
Spread the word to your friends and family: Don't give out personal or financial information to an unknown caller. Scammers can spoof Caller ID to display different numbers, so trust your instincts over technology.
The BBB offers these tips:
• Ask the debt collector to provide official documentation which substantiates the debt.
• Do not provide or confirm any bank account, credit card or other personal information over the phone until you have confirmed the legitimacy of the call.
• File a complaint with the Federal Trade Commission online if the caller is abusive, uses threats or otherwise violates federal telemarketing laws or the Fair Debt Collection Practices Act.
• File a complaint with the Better Business Bureau online if you believe a debt collector is trying to scam you.
I't funny, because they've been calling so I had my boss call them (i work for lawyers) and they hung up on my boss. They won't identify themselves but they were asking for my information.
This person with a foreign accent (Indian I think) keeps calling and he knows a lot of personal information including my social security number, but won't identify himself or the company he represents. He is talking about a loan that I did not pay, I never had such loan.