My husband's ex seems to owe everyone. We started getting calls in 2006 (even on my personal #) these have not stopped yet, there have been at least 46 different collection agencies and Verizon and Alltel . Every month we get bills that come in ...
The Fair Debt Collection Practices Act (FDCPA) has been around for almost 35 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. Its purposes are to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy. The FDCPA creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.
People should be aware that the FDCPA protects debtors and non-debtors alike. That is, everyone is protected by the FDCPA, even if you do not owe the debt. The Fourth and Eight Circuits, in Rawlinson v. Law Office of William Rudow and Dunham v. Portfolio Recovery Associates, LLC, recently held that whether or not someone owes the debt is immaterial for an FDCPA claim. The legislative history of the FDCPA supports this finding, too:
[The FDCPA] also protects people who do not owe money at all. In the collector’s zeal, collections effort[s] are often aimed at the wrong person either because of mistaken identity or mistaken facts. [The FDCPA] will make collectors behave responsibly towards people with whom they deal. Another group of people who do not owe money, but who may be deliberately harassed are the family, employer and neighbors of the consumer. These people are also protected by [the FDCPA].
If a collection agency calls you about a debt you do not owe, be sure to tell the collection agency that you do not owe the debt, and request the collection agency to stop calling you. Don’t simply hang up on the collector. You should put the collection agency on notice that you do not owe the debt, and therefore, request that the calls stop.
Most consumers harassed by debt collectors probably think it’s impractical to hire a lawyer to fight a collection agency. If a consumer cannot afford to pay their bills, then how would a consumer have money to hire a lawyer to fight a collection agency. However, consumers harassed by debt collectors do not have to pay attorney’s fees and costs. The collection agency pays your attorney’s fees and costs. A debt collector who fails to comply with any provision of the FDCPA is liable for any actual damages sustained, punitive damages, and statutory damages up to $1,000.00. The FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs.
I have settled over 1,500 debt collection harassment cases. Agruss Law Firm, LLC, will you help stop the harassment and get you money damages. Plus, the collection agency will pay your attorney’s fees and costs—you won’t pay us a dime.
I asked a debt collector to validate the debt, and he just sent a copy of one credit card statement. Is this enough to validate my debt and justify a summons and complaint against me in Ohio? Does a debt collector have to validate my alleged de...
In your case, and for all consumers faced with a notice of debt letter, it is important to carefully read the 1692g Notice Letter and exercise your right to validation and right to dispute the debt. That way, consumers will be educated before determining how to attempt to resolve the debt at issue.
One important section of the FDCPA is section 1692g, which deals with validating debts. Section 1692g states, “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall…send the consumer a written notice containing” the following information: (1) the amount of the debt, (2) the name of the creditor to whom the debt is owed, (3) a statement that the consumer has 30 days to dispute the debt, otherwise the debt will be assumed to be valid, (4) a statement about what the collector will produce if the consumer disputes the debt within 30 days, and (5) a statement that the debt collector will provide the consumer with the name and address of the original creditor, if it is different than the current creditor. In other words, the 1692g Notice Letter contains important information about the debt and about the consumer’s rights. Therefore, consumers should read this letter carefully.
If a consumer receives a 1692g Notice Letter from a debt collector, the consumer has 30 days to dispute the debt and to obtain additional information the debt from the collector. Therefore, consumers should always respond to 1692g Notice Letters in order to obtain complete and accurate information about the underlying debt. Furthermore, it is crucial to dispute the debt within the 30-day window, too, if the consumer does not owe the debt. Once a consumer requests validation of the debt or disputes the debt, the debtor collector must stop all collection activities until the debtor collector provides verification of the debt to the consumer. Therefore, the consumer will have some momentary relief from the telephone calls and the letters while the collector gathers and provides verification of the debt. More importantly, however, the debt collector will be forced to validate the debt before continuing with collection efforts.See question
I live in PA. I have been contacted by a law office about a debt that I owe. I take full responsibility for the debt and want to pay it off. I just got way overwhelmed with debt and slowly been trying to pay everything off. They have been rude an...
Your best bet is to write down your proposed payment plan and mail it to the collection agency certified mail return receipt. Most collection agencies will be willing to work you with if your payment plan is reasonable and you make the monthly payments on time.
I have built relationships with credit card companies and collection agencies and can often times come to a settlement agreement quicker and at a more favorable rate than a debtor acting on their own. Therefore, please let me know if you have any additional questions.
A Comcast collections dept manager name Rose wants me to pay an additional $745($124 a month) over a 5 month period for past due amount when the account was being handled by 4 of my sibling prior to me getting the service in my name and me moving ...
If you do not owe the money, you should dispute it in writing to Comcast. You can also file a complaint with the Better Business Bureau. However, if you do owe the money, you should reach an agreement with Comcast to pay it off. Either way, you should figure out a solution quickly, before the account is sent to collections and/or reflected negatively on your credit report.
Just happened to be checking my credit report today and saw NCO Financial Systems made an inquiry. I called them and asked who they were and why they made an inquiry. They said there was an account from my hospital totaling $5000 for services fr...
Mail a letter to the hospital requesting a copy of the bill. You can also try calling the hospital and requesting a copy of the bill. Once you receive the bill, submit it to your health insurance provider. If you owe the debt, and do not have health insurance, try to work out a monthly payment plan with the hospital. If the account is with NCO, you can also work out a payment plan with them.
Please let me know if you have any other questions.
I already file a compliant with the FTC i know its a scam I already googled the numbers that they call me from. A lot of people were harass by them also. PLEASE HELP!!!!
You should ignore the calls and ask your phone company to block the number. Do not give any of your personal information to the collector.
I suspect you took a payday loan in the past few years. Most of the scams I've seen deal with people that have taken out payday loans in the past. If you have any other questions or concerns, please let me know.
I received a call from CAR and Associates telling me unless I called them immediately,about a debt,they would issue summons and come to my home or place of employment. Is this legit or a scam? I tried to look them up online but got conflicting ans...
I agree with Mr. Kim. It may be easier to figure out exactly who is calling you by their telephone number. What number shows up on your caller ID when they call, or what number did they tell you to call back. Thanks.See question
I just received a summons to appear in court for credit card debt from a collection agency (portfolio recovery assets, llc.). I have never received anything from them in the past and now all of a sudden I am being sued? How do I even know if thi...
No, a collection agency does not have to notify you first before filing a lawsuit. If you do not pay a debt, a creditor or its debt collector generally may 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 pay check to pay your debts. Your wages usually can be garnished only as the result of a court order. In short, do not ignore a lawsuit. If you do, you lose the opportunity to fight a wage garnishment.
You should respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights. Once again, do not ignore a lawsuit. One way to verify the debt is to check your credit report. Another way is to check the back of the lawsuit, as the credit card agreement should be attached.
If you have any other questions, please let me know. I have built relationships with credit card companies and collection agencies and can often times come to a settlement agreement quicker and at a more favorable rate than a debtor acting on their own.
the hospital gave them my phone#,address, and ssn.
Was the third person sent to your home a debt collector or a process server. It appears the hospital either hired a third-party debt collector to collect the debt, or filed a lawsuit against you and sent a process serve to your house to serve you with a lawsuit.
Who came to your house?See question
I was sued by a credit card company and total is $2300 called them today because I have money to pay them they asked how much I am offering to settle. I would like to know what is the typical percentage that one would offer? Thanks.
It depends on a number of factors. However, assuming you owe the debt and the debt is within the statute of limitations, I would initially offer 10%. That's also assuming you will satisfy the debt in one lump-sum payment, as opposed to monthly payments. You should also respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights. Once again, do not ignore the lawsuit.
If you have any other questions, I have built relationships with credit card companies and collection agencies and can often times come to a settlement agreement quicker and at a more favorable rate than a debtor acting on their own. Therefore, please contact me at www.agrusslawfirm.com if you have any other questions.See question