Know your rights: No need to file a living will Victoria Advocate
Originally published July 9, 2011 at midnight, updated July 9, 2011 at midnightBy Richard Alderman
I want to fill out a living will, directing that I not be kept alive by life-support. A friend gave me the form. Where do I file it?
As you seem to know, a living will, formally called an "Advanced Directive," is the document you complete if you do not want to kept alive by artificial means once you are found to be terminally ill. The document must be signed and witnessed by two people, but it does not have to filed. The document should be give to your physician or hospital when you undergo treatment. You also should prepare a second document and give it is to a close family member or friend. In the event you cannot give a directive to your physician, your friend or family member can insure your wishes are followed. If you would like a free copy of a living will, visit my website, www.peopleslawyer.net
I got a call from a debt collector about a 15-year-old debt I can't even remember. I am not even sure I owe this company any money. The debt collector threatened to sue and put this on my credit report unless I pay. What can I do about this matter?
Dealing with Debt Collectors
If you are behind in paying your bills, you can expect to hear from a debt collector. A debt collector is someone, other than the creditor, who ...
What are my rights against debt collectors?
I answered a call from my brother-in-law, or at least I thought because the caller ID showed his number, but I find out that it was a debt collector. How this happened I want to know and isn't it illegal to use deception like that?
No, debt collectors are not allowed to use deceptive practices in their attempts to collect a debt. However, they always do because nobody has the money to stand up against them and force them to behave in accordance with the Fair Debt Collection Practices Act. They know this, so they continually push the boundaries.
However, I do not believe that they were using a deceptive practice in order to get you on the phone. It is far more likely that there was some electronic glitch with your caller ID.
However, I applaud you in attempting to educate yourself on what is and is not acceptable behavior of the collection agencies. Continuing to do so and encouraging others to do so is the best protection you can have from them. Remember the adage that I live by when it comes to bill collectors: ALL BILL COLLECTORS LIE ALL THE TIME. If you remember that, you should be able to protect yourself.
If you have any other questions you may contact me at nebula7693@yahoo.com
check this link below this has all of the rules they must follow-this agency is a government agency
Your name
Your street address
Your city
Date
RE: Account no.
Dear Sir/Madam,
This is to request you to CEASE and DESIST from your efforts of collecting debt payments on the above referred account. I would like to work with the original creditor of the account rather than collection agencies.
You are hereby instructed in accordance with the federal and state laws, to stop all collection efforts immediately or face legal sanctions.
Respectfully,
Your Signature
Your Name
debt collectors?
got a notice to appear for a deposition final notice or i can be in trouble do debt collectors have the right or power to punish me?
The collector couldn't but the court could.
IF the court issued a subpoena to compel you to attend and you fail to, you could be held in contempt of court.
Failing to show up for a court date where you are being sued is different than failing to show up when a court orders a subpoena compelling you to show.
Failing to show up for a court date where you are being sued will result in the Plaintiff getting a default judgment against you.
Failing to show up for a court ordered subpoena could result in a fine and/or jail time.
can debt collectors take money right out of your bank account?
I want to open a bank account to save and manage my money but my boyfriend says that if I do the debt collectors can take money out without notification.is that true?
If they get a judgement will I be able to get my money out before they can take it?
No, it is not.
They would need to go to court and get a judgment against you before they could do that.
SOLUTION: Pay off you debt that YOU owe. If you can save, morally you should pay off debt first.
You owe the debt so pay it off and then start saving!
I used "Credit Solution" to settle my debt and improve my credit score.They managed to reduce my debt up to 58% .It's legitimate.I came across this company on NBC News Special Edition.Check it out here:
http://doiop.com/028gog
Some localities require service by sheriffs office, or court personnel , lessening the chance of your being "sewer served", but you'd probably be ok till, and unless a legal judgement is filed against you. They have to be pretty much after you though to go after you that far. However the credit and collection industry has changed so much in the last ten years, debts, that after a few years were just left on credit bureaus till 7 year limit, then erased, are being sold over and over, almost every six months, it is even hard to keep up with who you owe, you must hold on to all collection lttrs, most people throw them away.
Student loans need not to go to court. If they find out where you have money, slam acct. frozen and gone, no messing w/student loans, the govt. backed loans don't need court judgements, so I hope you are not talking about stu. loan debt.
If they are in the hands of collection agencies though, it might be a good idea to straighten out your credit, make settlements, they will usually take 25-50 per cent and call it even. Learn how though must get a letter up front an amount is acceptable, as paid in full before remitting. Sometimes you can get a complete deletion with a settlement, having them delete the debt from cr bur, in writing, before remitting. There is tax on the money saved a 1099 required , but agencies often don't send them out, but if you settle on the bank level you will get one , and pay tax on the difference of the amt. saved, usually your tax bracket amt, most people 15%. Be wary of settlement companies, if they want fees up front, learn, and get educated you are dealing with one of the most important parts of adult life.
Credit reporting agencies have immense power over our lives, and I just wish a new one would come along that would take in to acct. sickness (if substantiated) bouts of unemployment. Now the only thing considered......paid, on time, period.
Learn , get educated,,,,,,,,,,,,,,,QUICK!!!
my rights about debt collectors?
from debt collectors in new york
The Fair Debt Collection Practices Act provides you important rights. Some states have additional laws
Prohibited conduct
The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following:
* Hours for phone contact: contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time[2]
* Failure to cease communication upon request: communicating with consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further communication or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted[3]
* Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously: with intent to annoy, abuse, or harass any person at the called number.[4]
* Communicating with consumers at their place of employment after having been advised in writing that this is not acceptable[5]
* Contacting consumer known to be represented by an attorney[6]
* Communicating with consumer after request for validation: communicating with the consumer or the pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt (or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor's name and address[7]
* Misrepresentation or deceit: misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer[8]
* Publishing the consumer's name or address on a "bad debt" list[9]
* Seeking unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law[10]
* Threatening arrest or legal action that is either not permitted or not actually contemplated[11]
* Abusive or profane language used in the course of communication related to the debt[12]
* Communication with third parties: revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney) or threatening such action[13]
* Contact by embarrassing media, such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business [14][15]
* Reporting false information on a consumer's credit report or threatening to do so in the process of collection[16]
Do we have any kind of rights when a debt collector pulls our credit reports?
I am angry because I have several hard inquires from a single debt collector in whom I gave all of my information to yet they still thought it neccessary to pull my credit several times. They saw that I finally received money to pay off my credit cards and not they find it neccessary to check it all the time.
Do I have any sort of right to remove these inquiries?
Or will all 56 of them stay on my credit report?
Credit reports can be obtained when applying to borrow money, they can also be obtained if you fall behind on your payments. Communication is key. Let the creditor know exactly what's going on. In most cases they'll work with you and while I can't say for certain they'll stop but the reason for pulling your credit is so the creditor can obtain current information on you. So my advice is to just keep in touch with them and let them know what's going on.
Debt Collectors and My Rights?
I live in Kansas and I just found out a week ago that I owe money to a place but never knew about it until they turned me into a Debt Collector, who's actually been calling my daughter and not me. Anyway I called them and they told me I owe such and such money to so and so and that they would only accept $100 payments minimum. I told them that I don't mind payimg for my debt but I can't do $100 payments I could only afford $50 payments at a time and then they got really rude and pretty much called me a liar countlessly from there on in the conversation. I got upset and told them that they had no right to treat me this way and that if $50 is all I can afford then they will have to take it or leave it...they said leave that they will just start garnishing my wages!!!!! Can they do that without taking me to court? It's not like I won't pay it, it's just that I can't make the payments they are asking for!
I scared to even just take them what I can because no words can describe to u how these people treated me over the phone..it was almost abusive..and there is now way in H-E-L-L i'm going to mail this shady business my payment. Also after I got off the phone I realized that I didn't get the name of the person I was talking to so I called back to get her name and they wouldn't tell me!
If the debt is actually yours, then they can continue to call and demand payment.
If the debt isn't yours, then they have to stop.
You have to approach them the right way, though.
They cannot garnish your wages without taking you to court, and in some states, they can't garnish your wages at all, except for child support. And there is a cap--they can't garnish above a certain amount. Look here:
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
How are debt purchasers different from debt collectors?
And also do they have the same rights as far as
a debt collector trying to get debt vs a debt purchaser???
A debt purchaser "buys" the debt from the original creditor for a certain amount on the dollar. For instance I may buy a $100 debt for 10 cents on the dollar, and IF I collect I earn $90, the original creditor claims the $90 as a business loss. A debt collector is paid the same way, however only if the debt is collected and usually for less profit, a $100 debt may only pay a debt collector $40...these are not actual figures, they vary greatly from business to business. Both debt purchasers, debt collectors, and the original creditor are bound by collection laws. Such as the time of day they can call, not calling you at work, not bad-mouthing you to your neighbors, just to to name a few. You can contact your local Attorney General to get all the regulations that protect you.
do debt collectors have the right to set a minimum payment on a debt. ?
they stated that if i give less that it will not hold my acct from going to collections. Is that legal? If i am giving payments does it not hold it.
What rights do I have when a debt collector or creditor is trying to collect money from me?
My husband passed away and left a credit card debt. I did not co-sign or use in anyway this credit. Should I be concern? I already send the death certificate and now the credit card send the info to a debt collector.
Shoul life insurance be consider his state or mine?
I agree with the first poster that the credit card company or collector can "petition" the estate to be paid - but that doesn't mean that they "will" be paid if there is no money in his estate.
Whoever is the beneficiary on the life insurance is who gets the life insurance and life insurance "is not" part of the estate, it cannot be seized or garnished for a credit card debt.
You did the right thing by sending the death certificate (I hope you sent it certified mail return receipt, for proof that you informed them).
If you used a lawyer for the probate your best bet would be to ask the lawyer to handle the collector.
If you don't have a lawyer, since you sent the certificate to the original creditor(?), if the collector tries to make it your debt then you might send them a letter stating it is not yours, that you have previously sent the original creditor a copy of the death cert., that you are including another copy of the certificate and to cease & desist their collection attempts to you.
Then you might file complaints with the FTC, BBB, your Attorney General and the collectors AG.
If the collector is claiming "you" owe it and not the estate, you might also send a complaint to the FTC, your AG and the original creditors AG concerning the original creditor turning the debt over to a collector after receiving a death certificate.
(in some cases original creditors "can" be held accountable for the actions of the collector they assigned the debt to)
Be sure to keep an eye on your credit reports to make sure they don't put it on them. If they do, dispute it with the CRA's. If they remain then include that fact in with your complaints to the entities I listed above.
I'm sorry for your loss.
Can Debt Collectors automatically deduct money from my paycheck without my permission?
I have a credit card I can't pay right now. My husband has been without work for a year now. I am working to support both him and my son. I can't even pay my car payment or rent or eat without help from family or church. Can a debt collector really do that? I thought I heard before that they can't...Is that harassment. This guy calls me at least once a week and is very rude even after I say I am contingent. HELP PLEASE!!!
No, it is not harassment. It is called wage garnishment. It is legal in 49 states.
They can not garish more then half your pay.
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