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#1
02-25-2007, 09:10 PM
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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. __________________
Leaving for a while. Need help in Texas, contact some other good attorneys at www.helpingtexas.com 
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#2
02-25-2007, 09:18 PM
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thank you
Thank you for your input, Texas Lawyer.
__________________
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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#3
02-26-2007, 05:33 AM
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That is good information texaslawyer. :mrgreen:
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#4
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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#6
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. __________________
The only people with whom you should try to get even are those who have helped you. -John E. Southard
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#7
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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#8
02-26-2007, 05:56 PM
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Recording
One needs not say that they recorded a conversation, it could have fallen from the sky. Thats my opinion, right or wrong.
__________________
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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#9
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.
__________________
Leaving for a while. Need help in Texas, contact some other good attorneys at www.helpingtexas.com
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#11
02-27-2007, 04:46 PM
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Doesn't LA also have a good set of laws on the books?
__________________
The only people with whom you should try to get even are those who have helped you. -John E. Southard
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#12
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.
__________________
Leaving for a while. Need help in Texas, contact some other good attorneys at www.helpingtexas.com
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#13
03-03-2007, 11:28 AM
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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?
__________________
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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#15
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.)
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#16
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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