Debt collectors unlikely to desist Columbia Daily Tribune
Dear Debt Adviser,
If a collection agency wants to make arrangements to pay off a debt and I have no income whatsoever, why do they keep sending me letters? I have a car, and the title is in my name and my daughter’s name. Can the debt collectors take it? I have not had a job for three years and have received no unemployment. What else can I tell them so they will stop calling me?
— Concerned
Dear Concerned,
I think the debt collector doesn’t believe you. And, to some extent, neither do I. Three years is a long time to have had no income at all. You might have had a big emergency savings account, but most people can’t go without a paycheck for 36 months.
If, however, you actually haven’t seen a dime of income since 2008, I suggest you consider looking at any position that will get you a paycheck and get you back into the employed category, regardless of what type of work it is and whether you like the job. Being out of work for that long becomes harder and harder to explain to a prospective employer. Explaining you took a job to make ends meet makes you look much better in a job interview situation.
Fair Debt Collection Practices Act (FDCPA) explained: Violations and remedies.
File a Telephone Harassment Report at centenniallawoffices.com if you are receiving harassing calls from a debt collection company. Watch this ...
Who enforces fair debt collection practices act?
Who would I write to to enforce the Fair Debt Collection Practices Act in California. If I do not want to hire an attorney?
California
Attorney General's Collection Agencies Guide
www.ag.ca.gov/consumers/general/collection_agencies10.htm
What are some things that creditors can't do according to the "Fair Debt Collection Practices Act"
What are some things that creditors can't do according to the "Fair Debt Collection Practices Act"?
they can't lie about their identity over the phone to complete collection calls.
EDIT: The below post is incorrect on a lot of areas. They can call at work, they can use third partys to leave u messages, they can info you on legal action if it is their right to do so, and they do not have to stop calling you by you asking, it has to be done via mail.
Cannot call you after you've asked them to stop.
Cannot call you repeatedly.
Cannot call you at work.
Cannot call you if you're represented by a lawyer.
Cannot call you if you've sent them a letter asking for verification of a debt.
Cannot misrepresent or deceive.
Cannot publish your name or address.
Cannot seek unjustified amounts.
Cannot threaten or take legal action.
Cannot use abusive or foul language.
Cannot contact third parties.
Cannot contact you by embarrassing media.
Cannot report false information on your credit report.
Does the Fair Debt Collection Practices Act apply to a business debt?
In other words what I am asking...can a collection agency call your business and tell your employee that you have an outstanding debt that is in collections? How much the debt is for and what year its from?
Is this a violation of the Fair Debt Collection Practices Act?
A debt collector called my wife's mother, ex-step-father, and grandmother and told them he needed to contact her because there were fraudulent charges made on her credit card. Her mother called BS on the guy and took his information, then gave it to my wife.
Is this false representation under Section 807 of the Fair Debt Collection Practices Act?
The practice you describe would seem to be forbidden by 15 U.S.C. 1692e(10): "The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001692---e000-.html
Is a private landlord subject to the provisions of the Fair Debt Collection Practices Act?
I'm having a temporary problem paying my rent and I really don't want to deal with the knocking on the door and the phone calls.
Fair Debt Collection Practices Act related to companies?
Does anybody know if the Fair Debt Collection Practices Act applies to debts incurred/alleged against a company ?
If not, is there a similar act which does apply to company debts ?
No, FDCPA is consumers only.
There is nothing in that realm in U.S. law relating to company debts. However, there may be something in your state law.
What are the most common violations banks commit regarding the Fair debt collection practices act?
Contacting you after you have written to them requesting them to stop contacting you. Or contacting you at work.
California Fair Debt Collection Practices Act be?
Is California Fair Debt Collection Practices Act applicable for people living in California or is it for all the citizens of US? Do explain.
The Fair Credit Debt Collections Practices Act is typically applied nationwide. For some insite on the dos and donts of this Act take a look at http://www.creditmanagementworld.com/legal/fairdebtcollectionact.html
Are these violations of fair debt collection practices act?
My husband fell 6 months behind on a credet card bill. The account was turned over to a collection agency in Texas.After repeated phone calls to both my husband and his employer. My husband called the CA and asked them to stop contacting third parties. He tried to make arrangements to pay the debt. He was not able to come up with the sum that they wanted so the calls continued. They called us numerous times. Sometimes 10 or more times in one hour. They continued to call his employer even when the employer asked them to stop calling. They called our neighbor, parents, and siblings. I contacted them and made arrangements to pay the bill in monthly enstallments. Two payments have been made as agreed. We have not missed a payment. Yesterday I was contacted by them stating that if I couldn't settle the debt that day they would send a 1099C form to the IRS. Claiming that my unpaid debt was considered nonwage income even though I was paying on it. they also called a third party this same da
We still are not sure how they got our neighbors address. We hardly ever even talk to him. I don't even know his last name. All that we can figure is that they looked up our address and then did a search on our neighbors address to get his contact information.
What really gets me is that they are continuing the harrassment even though we are paying on the debt. I could see if we had missed payments or something but we haven't.
The 1099 C form doesn't even apply to my debt. They were not offering to eliminate the debt. The lady who I spoke to on the phone tried telling me that if I didn't pay the debt that day she would file the form. When I spoke to the manager and asked him about the form he told me that it was used if part of the debt was written off and did not apply to a debt that I was paying. He is looking into the matter to find out why she would tell me this. It felt to me that she was just trying to bully me into paying it that day.
We have the payment details in writting and have made payments as agreed. We are sending a certified letter tommorow to stop contacting third parties as they are not doing so with any intentions of finding out contact information about us. They already have our information.
Turn them in to the better business bureau. Also tell them you will contact your attorney(you don't have to have one) if they don't stop calling your family and his employer. They legally can't contact the IRS about your debt, so don't worry about that. Make sure you tell the BBB about all of the threats that they have made, this is wrong and against the LAW! personally I would contact an attorney and sue them for harassment and breech in privacy if they are telling other people any info about how much you owe.
What do you do when a company violates the Fair Debt Collection Practice?
I've had a collection company call me at work knowing that it was inconvenient and that my employer does not allow it. This was after they spoke with my wife pretending to do a financial statement to arrange payments. They also said they could not accept payments that were mailed in. A different collection company discussed my account with individuals who were not on the account. Their number was on the account as a person to call to leave a message for me.
Your first action should be to send a certified letter to them telling they cannot contact you at work or anywhere else it's inconvenient. They can't discuss your finances with anyone else (unless a spouse if your state allows it), and you really should only communicate in writing -- you'll get in trouble talking to them on the phone. Demand that the collection agency provides you with proof that they have the legal right to collect the money and get documentation of how much you owe, where those charges came from, and how your payments have been/will be applied.
the fair debt collection practices - News
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Debtors: Harsh treatment on rise - Boston Herald Debtors: Harsh treatment on rise Consumers are protected from predatory collectors by the Fair Debt Collection Practices Act, which prohibits harassing phone calls, profane language or |
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Couple: Collector is ‘abusive’ - Boston Herald Couple: Collector is ‘abusive’ The complaint alleges that the Chicago-based firm used heavy-handed tactics and violated the Fair Debt Collection Practices Act by making repeated telephone |
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Fair Debt Collection Practices Act The , or FDCPA (FDCPA), is a set of guidelines intended to prevent abusive, deceptive, and unfair practices by those |
