Internet's first get-out-of-debt community - 135,000 members

Posted: Sun Feb 25, 2007 10:10 pm Subject: They do not want you to know this.

I have had many debts forgiven or paid off by collection agencies. Of course, settlements include confidentialitiy clauses so I cannot mention specifics. However, there is not one colleciton agency I know that follows the federal or Texas law. Your state law may be different, but keep reading. If legal, recordings are one of the best forms of evidence. Next, statements from relatives or coworkers who take calls from debt collectors can be very helpfull. In the end I find most debt collectors deny everything except for what you have recorded. Just make sure your state law allows you to record without the permission of the other party. Sometimes you can tell them you are recording and they still violate the law. The end result is often that a collection agency will offer to pay off/forgive a debt when you have evidence they violated the law.

So don't be afraid of debt collectors. They meaner and nastier they get, the more they probably are violating the collection laws meant to protect YOU. You have legal rights to pursue recourse against any collector/agency that violates the law. Know you rights and assert them, and you may be surprised how fast you get out of debt.

Posted: Sun Feb 25, 2007 10:18 pm Subject: thank you

Thank you for your input, Texas Lawyer.

Posted: Mon Feb 26, 2007 6:33 am Subject:

That is good information texaslawyer. Mr. Green

Posted: Mon Feb 26, 2007 6:36 am Subject:

I agree, very good information. I always learn something from your posts.

Posted: Mon Feb 26, 2007 7:36 am Subject:

How do we find out if our state allows you to record conversations. Is there a list out there somewhere? Is there a way to search for your state and where would I obtain that information?

Posted: Mon Feb 26, 2007 7:50 am Subject:

I found this guide, contains all 50 states.

www dot rcfp.org/taping/

be sure to use the links on the side of the page, as well, for a better understanding of "consent", interstate calls, and other relevant, important subjects.

Posted: Mon Feb 26, 2007 10:57 am Subject:

Check out the list in this website also.

http://www.debtconsolidationcare.com/record/

When the recording device is attached, make sure the message tells that the calls are getting recorded for legal use and not disconnecting the phone line before the beginning of the conversation allows the other party's consent for legal purpose.

Posted: Mon Feb 26, 2007 6:56 pm Subject: Recording

One needs not say that they recorded a conversation, it could have fallen from the sky. Thats my opinion, right or wrong.

Posted: Tue Feb 27, 2007 3:48 pm Subject:

In Texas, one party consent means you can record your own call without telling the debt collector on the other end. Usually, the law of the state where the harm takes place (your state since you are being harassed illegally) is the state law that applies.

A Law Student · Posted: Tue Feb 27, 2007 4:36 pm Subject:

Persons in Texas would also do well to resd the Texas debt collection act. Some of it goes beyond the fdcpa.

Posted: Tue Feb 27, 2007 5:46 pm Subject:

Doesn't LA also have a good set of laws on the books?

Posted: Tue Feb 27, 2007 8:41 pm Subject:

The Texas Debt Collection Act - Finance Code Chapter 392 is better than the fdcpa in some respects (applies to original creditors), but falls short in other areas (not as strong on prohibited communications). That is why it is good to know the State laws where you live. The more you know, the better you deal with collectors.

Posted: Sat Mar 03, 2007 12:28 pm Subject: recordings

It is legal here in my state to record conversations, but if it is not legal in your state, I would record anyway, and just pretend that the recording must have been sent to you from an anonymous employee of the collection agency. Who can prove that it wasn't?

Posted: Sat Mar 03, 2007 3:21 pm Subject:

I'm leery of that because I think that it can be thrown out of court by a judge if need be. Texas Lawyer, what is your take on that?

Posted: Sat Mar 03, 2007 4:54 pm Subject:

I sure wouldn't pull a stunt like that. It's a lie so transparent that you could use it as a window, and if you end up in court, the last thing you want is for your credibility to be damaged. At the very least, it will harm your case, and I'd hazard a guess you could even get fined or jailed for contempt of court. (I am not a lawyer, and this is not legal advice.)

Posted: Sat Mar 03, 2007 8:24 pm Subject:

If you record a call in your state in a manner which is against the law, you can face criminal charges. So I would never advise anyone to get a recording in violation of the law.

It is important to remember that even if you tell a debt collector the call is being recorded so that they have the opportunity to hang up, many will ignore you and violate the law anyway.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 135,000 members

They do not want you to know this.

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post