Sub: #1 They do not want you to know this.
Replied on 02-25-2007, 09:10 PM
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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.

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Sub: #2 thank you
Replied on 02-25-2007, 09:18 PM
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Thank you for your input, Texas Lawyer.

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Sub: #3
Replied on 02-26-2007, 05:33 AM
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That is good information texaslawyer.

Sub: #4
Replied on 02-26-2007, 05:36 AM
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I agree, very good information. I always learn something from your posts.



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Sub: #5
Replied on 02-26-2007, 06:36 AM
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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?

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Sub: #6
Replied on 02-26-2007, 06:50 AM
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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.

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Sub: #7
Replied on 02-26-2007, 09:57 AM
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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.

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Sub: #8 Recording
Replied on 02-26-2007, 05:56 PM
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One needs not say that they recorded a conversation, it could have fallen from the sky. Thats my opinion, right or wrong.

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Where there are hard working people being harassed or threatened, I will be there. My site: http://anthonylemons.blogspot.com
Avoid these Agencies: http://www.budhibbs.com/coll_to_avoid_list.htm
Contact any government official here: http://www.congress.org/congressorg/home/ Contact any State Attorney General: http://www.naag.org/
Federal Trade Commission: http://www.ftc.gov/

Sub: #9
Replied on 02-27-2007, 02:48 PM
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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.

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Sub: #10
Replied on 02-27-2007, 03:36 PM
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Persons in Texas would also do well to resd the Texas debt collection act. Some of it goes beyond the fdcpa.

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Sub: #11
Replied on 02-27-2007, 04:46 PM
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Doesn't LA also have a good set of laws on the books?

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Sub: #12
Replied on 02-27-2007, 07:41 PM
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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.

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Sub: #13 recordings
Replied on 03-03-2007, 11:28 AM
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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?

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Where there are hard working people being harassed or threatened, I will be there. My site: http://anthonylemons.blogspot.com
Avoid these Agencies: http://www.budhibbs.com/coll_to_avoid_list.htm
Contact any government official here: http://www.congress.org/congressorg/home/ Contact any State Attorney General: http://www.naag.org/
Federal Trade Commission: http://www.ftc.gov/


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Sub: #14
Replied on 03-03-2007, 02:21 PM
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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?

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Send message to Debt Padawan
Sub: #15
Replied on 03-03-2007, 03:54 PM
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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.)

Sub: #16
Replied on 03-03-2007, 07:24 PM
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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.




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