Debt collection agencies keep calling me despite my debt settlement company sent them a letter that they will handle the debt.My settlement company told me that they can't stop collectors from calling me and that is normal and that it is up to me whether if I could settle with them. Attorney answers (2)
Your debt settlement company is a scam and has no intention of paying your creditors and/or settling your debts. You basically paid a fee for them to do nothing. File a police complaint. Read carefully my statement below on unfair debt collection.
You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful. (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on commercial litigation helpful. The prior federal administration severely weakened most state’s laws against excessive interest. Unpaid debts now have practically no ceiling on interest which means the final bill can be much more than the original debt. When you have received a collection notice, lawsuit or even a judgment on an old debt which may have already been paid, or belongs to someone else, or has been discharged in bankruptcy, keep the following in mind. After a creditor writes off your debt, it can then be sold to a collection agency. That agency may sell it again and the next one again. By the time the debt is assigned to a law firm, it can be years pass the statute of limitations, all of the original contracts have been lost and there may be no legal foundation for enforcing the debt. One way of knowing this is that the agency will have no discernible address or they will say they are collecting from a creditor, but the creditor does not know who they are. They will call you at work , and they will not listen to any explanation at all. They will refuse any suggested payment plan and demand a large sum at once. Often these collection agencies and even law firms will file a suit against you, misspell your name, or deliberately send it to the wrong address. You have no notice but they go to court anyway, get a default judgment against you when you do not come to court, and file a judgment lien on your assets such as a home you are trying to sell, or they report you to a credit bureau as a deadbeat. You are allowed to send a 100 word explanation in writing to the three credit bureaus (which they must print) as to why the debt is invalid. Also, many attorneys will take such a case on a contingency basis. A Violations of the fair debt collection act has a fee shifting rule (the creditor pays your attorney). Not only do you get the debt out of your life, you may get a financial award also. Be sure to write to your congress representative to have a stronger federal law to restore a ceiling on interest and to curtail these illegal collection practices. . LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information. 1 person marked this answer as good
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You can probably do anything a debt settlement company could do for you at far less cost and less risk.
Debt settlement firms charge substantial fees up front and do not distribute any money to your creditors until after they receive their front end fees. At least one major credit card issuer will sue you IMMEDIATELY if they receive a letter from a debt settlement company. If a creditor does not participate in the debt settlement scheme, you will still have to deal with them often years later after the debt has accumlated substantial interest. If you need this sort of service, consider going to a legitimate (local / United Way) consumer credit counselling agency. Although these agencies receive money from creditors to meet a substantial portion of their budget and take directions from the creditors, consumers are probably far worse off with a "debt settlement company". Under most of the scoring models in common use, the adverse impact of a completed consumer credit counselling plan is the same as a completed Chapter 13. Debt settlement may (or may not) create substantial tax consequences. Take the money you saved by doing it yourself and spend some of it on a consultation with an experienced CPA or tax attorney. (Tax law is not an area to attempt DIY unless that is your profession.) If your debts were charged off some time ago and collectors are contacting you, I would also consult with an experienced consumer lawyer (who regularly represents consumers in cases under the Fair Debt Collections Practices Act and defends consumer collection cases) before you make any payments. Proceeding with a debt settlement program may unknowingly cause you to lose a statute of limitations defense. I represent central Florida consumers in actions under the Fair Debt Collections Practices Act and the Fair Credit Reporting Act and represented consumers in bankruptcy for approximately 15 years. Chapter 13 or Chapter 7 might be a viable alternative but I believe that bankruptcy is over used as a default option by unsophisticated consumers and the bankruptcy bar. State attorney generals and the Federal Trade Commission are continuing to bring actions against debt settlement firms. But, the government has only limited resources and debt settlement scams sprout like mushrooms after a rainstorm. Examples of FTC enforcement actions against other debt settlement companies include : http://ftcsearch.ftc.gov/search?q=Debt+Settleme... If you are a consumer who needs to file a complaint against a debt settlement company, the link to the FTC's complaint form is : https://www.ftccomplaintassistant.gov/ There are other scams that prey upon gullible consumers. First, there are the "debt protesters". These predators convince people into believing the strangest things : (1) only we know the secrets, don't believe those hippy consumer lawyers...; (2) money is not "legal tender" so you don't really owe the debt; (3) the fractional banking system (or the Federal Reserve) is unconstitutional so you don't really owe the debt. There are also many fake arbitration services that charge consumers several thousand dollars to "arbtitrate" debts in their "forum" so the consumer is all but guaranteed to receive an "arbitration award". After the consumer spends thousands of dollars to obtain this "Award", the scammers instruct the consumer to contact a consumer lawyer who can "easily" confirm the fraudulent award. The federal government and state AG's finally pursued these scammers so they are now less prevalent than the debt settlement and credit repair scams. Finally, the credit repairs scam seem to rise from the grave like zombies. Don't make frivolous credit disputes. It may likely come back to haunt you. 1 person marked this answer as good
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