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Palisades collection-Consumer complaints and tips to deal with the CA

Submitted by imkimssister on Mon, 12/05/2005 - 13:10
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Anyone here ever heard of palisades collection agency??
Man, this is sooo wild!!! I go to the mailbox today and theres a letter from these people saying that my account has been 'sold' by my "previous" creditor to my 'current'creditor. They have the original creditor as being Chase Bank and the previous creditor as being Chase Manhattan Bank and have themselves as being the current creditor. Its for $962.61.
Okay, this is why this throws me off. Our home morgage was originally with Chase manahattan bank (the only dealings we've ever had with Chase, that I'm aware of), then in February 1998 (almost 8 years ago!!!) we refinanced with Aames home loans. They paid Chase totally off and that was that. Also, I have a second mortgage on my home, if we owed Chase any money, it would have came up then and we would of had to pay it before the second mortgage went through. But everything was fine.
I have never heard from any of these people from palisades collection llc in this letter. And to the best of my knowledge, I have only dealt with Chase during our first mortgage, before it was sold. 8 years ago!!! (february will be 8 years).
If we owed them money why didn't we hear anything over the past 8 years? weird! Aames paid everything off with Chase. My credit report shows that things were left in good standing with chase. If this isn't that, then I don't know what else it could be since I haven't gotten letters from palisades collection llc before TODAY.
I am floored, to the point I am speechless here. I mean, I start trying to get things straightened out, and then someone else pops up..people I have never even heard of. where do these people come from? Its like they come out of the wood work?!!!
okay, so my question is if anyone here has dealt with the collection agency before?? Anyone know Palisades collection phone number (Palisades collection number)?
And--what other accounts does chase manhattan Bank handle?
thank you! Shirley
p.s. Do I bring enough Drama to the forum??? lol
what would you guys do without me? lol


Yeah, out of the blue Palisades dinged my credit report saying I owed Household Finance and they even went so far as to put someone elses name as an alias on my credit report.
I contacted them and they wanted to make me do the whole song and dance of a fraud report and when I started collecting the information it turned out somebody made a mistake entering my social security number instead of the right person. I contacted Equifax, disputed the charge, and that was the end of it.
Palisades were just a bunch of jerks though and refused to even double check if a clerical error had been made and claimed because my SSAN was used, I was liable even though the names on the accounts were different.
I also contacted my State Attorney Generals office with a complaint about these guys. Worked for me.


Submitted by on Sat, 02/09/2008 - 20:28

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Just a thought for those wrongly accused of owing Palisades LLC (like I was). I complained to the state Attorney General about false billing. We all pay taxes so why not put the government wheels back on these jerks?


Submitted by on Sat, 02/09/2008 - 20:38

( Posts: 202330 | Credits: )


report to attorney general of your state. they have to investigate fraud claims like this. file it online, every single time these people call you and KEEP a record of every single call, time and date. Call them and tell them to stop calling you. Once you tell them this- they cannot call you any longer or it is harrassment. If they then 'harrass' you, file another more stringent complaint with attorney general. Also file with BBB of your state or area. They can still write you letters but no phone calls after that.


Submitted by on Mon, 02/11/2008 - 05:27

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I have an account that was charged off about four years ago and has since been sold to palisades llc. Now the orginal creditor is reporting it as unpaid wrote off and palisades is also reporting it. I am currently stationed in Japan and it is kinda hard to deal with this. Is the same debt alowed to be reported more than once?

Thanks Heath


Submitted by TaylorHeath on Mon, 02/11/2008 - 21:14

TaylorHeath

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I too am having to deal with these lovely people. The account was opened in 2/03, and I am pretty sure the last payment was around 6-8/03. Palisades is fraudently reporting the date to all 3 agencies as 08/06, and has "updated" the balance as of 02/08. I have printed and am sending a validation letter today.

Now the Question. When should I dispute the claim with the 3 CRA's? Should I do it immediately, or should I wait until I get the green slip back and send a copy of that along with the validation request letter in with the dispute? I am certain this debt is past the SOL (4 yrs in tx) and after seeing how much fraud they commit here... as well as the misreported dates (which is what is actualy hurting my CR more than anything) I have no intention of caving to them.. even though the debt is only a mere 80 bucks. ( I was pretty sure I paid that off too before moving.. but I have no proof atm)

Anyway.. when should I dispute with the CRA? and is there anything else I should do immediately?

james


Submitted by on Tue, 02/12/2008 - 03:48

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Okay... So, I sent a Certified Letter to Palisades Collection, LLC, requiring them to validate the debt they claim that I owe. The 30 days for them to respond has come and gone with plenty of time to spare. They never responded to my inquiry and provided nothing. They didn't even remove anything from my credit report. At this point, what do I do?


Submitted by Lonnis on Tue, 02/12/2008 - 10:03

Lonnis

( Posts: 16 | Credits: )


I found a lawyer who is representing me against Palisades. They filed a bogus suit against me last year and won't remove the bogus item from my credit report. Two of the three credit bureaus DID remove it. One did not. So we are taking Palisades and the credit bureau to court on 3/7. Will update with the results of my case.


Submitted by on Tue, 02/12/2008 - 10:35

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unfortunately, i have tried every contact # for palisades collections on this thread and none are working, busy signals for all. this is the worst company ever.


Submitted by on Wed, 02/13/2008 - 11:05

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So what's the problem? If you paid, you paid. That's a complete defense. Just check your records and bring up the proof.

Don't take Palisades word for it. I'm in court with them now and they are a bunch of amateurs. They are just sending out tons of demand letters without investigating the claims to see what bits.

I believe that they committed fraud in my case and I'm about to subpoena Verizon executives to find out in a deposition. If that's the case, I'm filing a motion to dismiss and then I'm suing them in Federal court for fraud, violation of consumer protection act due to the harm to others, and abuse of process. Then I'm going to post the entire lawsuit against them on the Internet so others can sue them too. Just like I'm doing in Mehmet_vs_Paypal Index# 110537/07 (NY)


Submitted by on Thu, 02/14/2008 - 13:27

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you tell e'm davidme...that's what i'm talkin bout.Someone needs to put them (palisades) in their place.Let them be in the hot seat for a change.Let's see how they like it :!: Same rules,different game.Whenever I got a summons from them I just laughed.They don't have a thing on me.Just a scare tactic to try and get some money....I say, WHATEVER :!: :roll:


Submitted by on Thu, 02/14/2008 - 19:35

( Posts: 202330 | Credits: )


Excellent forum, thanks!
I found this address as well for Palisades:
210 Sylvan Ave
Englewood NJ 07632
no phone number listed. Pl post phone number for this address if anyone knows it (I have to call them unfortunately). Thanks again.


Submitted by on Fri, 02/15/2008 - 17:34

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never mind re: phone number... found it on pg 23 of this forum.


Submitted by on Fri, 02/15/2008 - 17:43

( Posts: 202330 | Credits: )


These people called and left voice messages on my work phone. they time the recorded voice message to make it sound like the name of the company was accidentally truncated during the message. when you call the number, the very first thing the automated answering service asks for is your full Social Security Number. I finally got someone on the phone (Laquisha) who was very uncomfortable about answering all my questions (who are you? what's the name of your company?). She made up a name and asked if that's who I was. When I said no she said "wrong number, sorry". This is the shadiest interaction I've every had. If Palasade Collections ever tried contacting me again, I'd immediately report to BBB and/or New Jersey law enforcement (where I believe the host of shell companies associated with PC are located.) DO NOT GIVE THESE GUYS ANY INFO, AND ESPECIALLY DON'T GIVE THEM A PENNY. THEY'RE CLEARLY DOING SOME SKETCHY BUSINESS!


Submitted by on Wed, 02/20/2008 - 16:46

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be sure and get them to validate the debt you guys by sending one of the great validation letters provided by people on this site. contact them only in writing. do not give out any personal info. send the validation letter by certified mail with return receipt requested...the only way to send it to protect yourself.
i just got sued by palisades and had a default judgment against me as i was never served, never knew about it or the court date. and found out about this site and my rights way too late.


Submitted by on Wed, 02/20/2008 - 20:35

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I am receiving calls about three to four times a week,for them they never call when their is someone there I can speak with.When I call back they say they have not called me.I do not have any idea why they are calling,I did talk to one person that told me they were calling the wrong number and they would not call me again but they continue to call.I am going to write them a letter to all the addresses on this forum and see if that does any good. I have already reported them to the DO NOT CALL REGISTRY maybe that will help.


Submitted by on Mon, 02/25/2008 - 17:14

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I have recv'd a letter thru the court from Palisades
collections. I don;t know who they represent. They
have not notified me in any way. I really don;t feel
that I should except this letter. Please let me
know how you feel I should handle this.

Thank you
Gerda [email]golf35@netzero.com[/email]


Submitted by on Thu, 02/28/2008 - 14:40

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Well, if it is a civil complaint/summons you should check with your local court clerk to check if the docket number is valid (to make sure they are actually suing you) if it is then you need to answer the complaint. You should try requesting validation during discovery if it goes to court (you can find a validation letter via my signature, that will give you an idea of what to request for validation) if you require legal council then you can try looking at naca.net for a consumer attorney in your area.

If they cannot validate during discovery then you could probably motion for the case to be dismissed with prejudice.


Submitted by JCEMT on Thu, 02/28/2008 - 14:48

JCEMT

( Posts: 2934 | Credits: )


As a matter of fact, I am currently being sued by them. They have taken me to court without my knowledge and have a restraining order on my banking accounts with Citibank, which came as a huge shock two days ago.

I was merely online checking to see if a check had cleared and was alarmed when I noticed "teller withdrawls" which left a remaining balance of ZERO on 2 of my accounts! I immediately called the bank and was informed that there was a court order. How the hell is that possible?! I have never heard of/from them prior this court order and the address that they've mailed correspondences to was a previous address from 3 years ago and was not forwarded to my current.

Supposedly their attorney has sent correspondences and a summons to that same address. According to the attorneys they were able to get the court order because they didn't have a response from me. How the hell was I suppose to respond to them if the information never got to me? I have addressed this issue with them and their response is, "We don't know that this info has not gotten to you, someone has received the summons and therefore you are responsible."

I am so frustrated!! I plan on getting legal advice, I just don't know where to start. Can anyone adivse or recommend where to start? Has anyone ever experienced this?

frustrated and confused,
susan


Submitted by on Fri, 02/29/2008 - 01:36

( Posts: 202330 | Credits: )


As a matter of fact, I am currently being sued by them. They have taken me to court without my knowledge and have a restraining order on my banking accounts with Citibank, which came as a huge shock two days ago.

I was merely online checking to see if a check had cleared and was alarmed when I noticed "teller withdrawls" which left a remaining balance of ZERO on 2 of my accounts! I immediately called the bank and was informed that there was a court order. How the hell is that possible?! I have never heard of/from them prior this court order and the address that they've mailed correspondences to was a previous address from 3 years ago and was not forwarded to my current.

Supposedly their attorney has sent correspondences and a summons to that same address. According to the attorneys they were able to get the court order because they didn't have a response from me. How the hell was I suppose to respond to them if the information never got to me? I have addressed this issue with them and their response is, "We don't know that this info has not gotten to you, someone has received the summons and therefore you are responsible."

I am so frustrated!! I plan on getting legal advice, I just don't know where to start. Can anyone adivse or recommend where to start? Has anyone ever experienced this?

frustrated and confused,
susan


Submitted by on Fri, 02/29/2008 - 01:42

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suesan
what state are you in?

i think you have already been sued by them and they have won a default judgment against you it sounds like and yes they did that to me

luckily the only thing i did right was empty/close my bank accts in time so that they could not drain my money away after researching this kind of thing on the web and after finding, way too late to help me, this great site

i do not think they could sieze/freeze your bank accts until a judgment/court order was obtained through your county court by palisades

call your county clerks office for small claims, or in my case they sued me and won a default judgment in justice of the peace court in my county...i was never served either the county clerk can tell you who they supposedly represented in the case and all other stuff about the case how much the judgment was for, etc. but i would recommend you stop immediately any direct deposits to all bank accts and don't deposit another cent in there or anywhere...they can get the court order for all your bank accts wherever they can find them.

you'll need to use money orders from now on or have someone that could not be tied into this case by name, etc. open a bank acct for you and let you use it in their name.

this is very frustrating and horrible and an attorney is the only way you might be able to fight it but if you are like me you cannot afford to hire one but really hope you can and they can tell you if you have a good case or not before you spend more money

they had hired a local attorney to handle the matter since palisades was in new jersey, in my case


Submitted by on Fri, 02/29/2008 - 02:39

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Welcome to the forum Suesan, the first thing you can do is get that judgment taken care of, speak to the judge that oversaw the case, explain to him/her what had happened and request the judgment be vacated due to improper service. Then when they have to turn around and sue you again you can actually defend yourself.

Now then, if you could answer these questions for me I can assist you further.

1. What type of debt is it?
2. When is the last time you made a payment on it?
3. What state do you live in?


Submitted by JCEMT on Fri, 02/29/2008 - 06:26

JCEMT

( Posts: 2934 | Credits: )


Hi this is my first time writing on this page. I was deployed to Iraq in 2007 of feb, and I look at my CR and it says that I opened an account with them. Now how could that be possible if I wasn't even in the country? I'm very upset with this and I was just wandering is this fraud?? any feed back would be nice. My email is Personal e-mail id removed for safety. - Jason thanks guys...


Submitted by on Sun, 03/02/2008 - 06:11

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It should not be a debt at all!!! nothing was open during that time because I wasn't here in country. it says it was opened in 2007 of feb. That's when I was gone, so I'm a bit worried.


Submitted by on Sun, 03/02/2008 - 06:17

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Hi,

My names is Todd Hunsicker ref debtor # 4214296 and my new address is 248 N. Home Ave, Franklin, IN 46131. Phone number 317-738-2042.

I am trying to get my 1099 for my bad debt that I have to account for income for my taxes. The phone number the company has where I left my contact information, and no one returns my call or mails me my 1099 from your company with my new address. What do I have to do in order to get my 1099 from Palisades Collection, LLC. You know this is a direct violation of the law by not providing me my 1099. If I have to I will contact legal or IRS to obtain my 1099 from your agency and you may subject to fines.

Please Help or I will take action against you,
Todd Hunsicker


Submitted by on Sun, 03/02/2008 - 16:08

( Posts: 202330 | Credits: )


My name is Steve I recently got a call from an attorney saying palisades had an AT&T bill of mine and they have contacted them to get payment. The attorney nor palisades could provide me with a phone number nor could they give me an account number for this AT&T bill. I talked on the phone with AT&T for over 2 hours the file number I was givin was incorrect and too many number. I have been dealing with this for a week now and its started to really stress me out who can help me. How do I get this matter taken care of and get these harassing calls to stop!


Submitted by on Tue, 03/04/2008 - 10:38

( Posts: 202330 | Credits: )


I keep getting calls from Palisades and they do not own my debt with at+t. thank you for posting here now I am debt free and smarter for researching.


Submitted by on Tue, 03/04/2008 - 17:36

( Posts: 202330 | Credits: )


I have to say i have been deal with this collection agency since 2004. I have yet to get them to stop calling. I have had an ID theft during that year and on and this is what the debt is from. It has been removed form my credit report per equifax but Palisade still continues to call me wanting the money. They will not except the fact it was ID theft nor the legal paper work i have with it. I have done everything they have asked per mail and fax. Yet I still sit here it no answer on how to get them to stop calling.. The facts are there that this was ID theft so what does one do??? ANyone have any ideas yet I mean this company is rediculous..

ANY IDEAS on this???


Submitted by on Wed, 03/05/2008 - 16:33

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Palisadas says that I own 17,900 for an old account, and if I pay 8,000 now they would just close it. The thing is I ran my credit report and I have nothing on my account regarding what they are talking about. Is it possible that even though its over 7 years old, it just isn't showing on my report.


Submitted by on Wed, 03/05/2008 - 19:26

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Welcome to the forum KF123.
Did you send them a copy of the police report?
Also you should mail them a written request to cease communications with you, send it USPS certified mail, return receipt requested. If they violate your C&D request you can sue them for $1,000 for each call they make to you after they receive it.


Submitted by JCEMT on Thu, 03/06/2008 - 05:21

JCEMT

( Posts: 2934 | Credits: )


Welcome to the forum nahishot.

They can only report on it for 7 years, after that it has to be removed (Fair Credit Reporting Act) I can further assist you if you can answer the following questions:

1. What type of debt is it?
2. When was the last time a payment was made on this debt?
3. What state do you live in?


Submitted by JCEMT on Thu, 03/06/2008 - 05:25

JCEMT

( Posts: 2934 | Credits: )


Hi.My Mother lives with us,has her own hone number,listed in my name.It seems she's been getting Sat. morning(x2 now,8 or 8:30 a.m.)calls from Pallisades Collections.They are automated,saying something like,"Urgent that oyu call."Shenor my husband or I have past-due debts.Have gotten other CA calls in past year(2 companies)for otehr family members.We surely do Not identify our knowledge.Even then,they must be threatened with our Fla. harrassment laws in order to cease and desist.Cannot call them back till Monday(forher),so thought I'd get info from the experts here.Any advice?
ps-I know not to give them any info should it turn our to be anyone we Do know.Just want to see QWho they're looking for,and stop them from calling her again.It's probably one of the two I referred to earlier.....Thanks.Have a great weekend.
God Bless,
FernMarie,Fla.


Submitted by on Sat, 03/08/2008 - 07:04

( Posts: 202330 | Credits: )


[font=Tahoma][/font][color=Brown][/color][size=3][/size][[font=Georgia][/font][color=Brown][/color]
Hi,I sent a reply moments ago,but it got lost.Sorry if it repeats.My Mom who lives with us,and has her own phone listed in my name(no caller id on her's)has begun receiving calls(8 or 8:30 a..m.)from Pallisades Collections.So far she's gotten two,each on Sat. mornings about 8 or 8:30a.m.They're automated saying something like,"It's urgent that you callWe are certain the calls are not for any of us.I was getting calls from a couple(my number)of other agencies recently,looking for other family members.We,of course,did Not tell them we even knew the folks they asked about.My guess is this is one of the same debts,different company.I will be calling them Monday to ask who they are trying to locate,than tell them(as I did with the other companies,per Fl. laws)to cease and desist.Is there anything else you all can advise me to do in this situation?You seem like just the experts I'm looking for,smile.
Thanks and have a great weekend all!
God Bless,
FernMarie


Submitted by on Sat, 03/08/2008 - 07:30

( Posts: 202330 | Credits: )


:( Today on friday,march 7th/08 I received a letter from a consultanting office claiming "Palisades Collection has filed a case against you in a court" in the letter they give the case number. I was shocked I have never received any letters from this Palisades Collection I have never heard of them so I searched them on the internet and readd all this about them being a fraud. how do I see if this is true with the court? and how does a consultanting office know all this before me? sure would like to read your replies.


Submitted by on Sat, 03/08/2008 - 12:57

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I've been getting calls from them and when I answer they hang up! Only want to leave a message I guess. I have no outstanding debts with anyone. I am paying all of my bills on time. To whom do I write the letter to get them to stop calling my cell. I am on the do not call list.


Submitted by on Mon, 03/10/2008 - 09:38

( Posts: 202330 | Credits: )


Thanks for the address. I have since searched and found 2 more addresses. I will be sending a letter to all of them. If they call me again I will proceed to the Better Business Bureau and the FTC.


Submitted by on Mon, 03/10/2008 - 09:57

( Posts: 202330 | Credits: )


Thanks for the address. I have since searched and found 2 more addresses. I will be sending a letter to all of them. If they call me again I will proceed to the Better Business Bureau and the FTC.


Submitted by on Mon, 03/10/2008 - 09:57

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Important information on Palisades and other collection agencies information sites

I am still receiving calls from this company, but not as often. They like to alternate between two different numbers. (800) 414-8319 and (866)230-8075. According to the BBB, they also use this number (800) 873-5648. The company is Palisades Collection, LLC. If you pick up, you usually get a recorded message about this not being a sales call.

Seems this company has been reported to the Better Business Bureau numerous times.


BBB of Metro Washington DC & Eastern Pennsylvania
1411 K St. NW, 10th Floor
Washington, DC 20005-3404

BBB Reliability Report:

Palisades Collection, LLC
87 South Commerce Way
Suite 70
Bethlehem, PA 18017
Northampton County

General Information

Original Business
Start Date
unknown

BBB File Opened: September 12, 2005

*** the following is also from the BBB file***
Principal Contact
Mr. Peter Fish, Esq. (Director of Litigation)

Complaint Contact
Mr. Peter Fish, Esq. (Director of Litigation)

Other Contacts
Ms. Joanne Bergmann (Vice President-Legal)
Mr. Seth Berman

BBB Member
This company is not a member

Type of Business
Collection Agencies

The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources.

Customer Experience

Based on BBB files, this company has an unsatisfactory record with the Bureau due to unanswered complaint(s).
Customer Complaint Data
Number of complaints processed by the BBB since the firm's BBB file was opened in September 2005: 70
Number of complaints processed by the BBB in the last 12 months: 39
Complaints Concerned:
Selling Practices (1 complaints)
1 Resolved
Service Issues (7 complaints)
4 Resolved
3 Company did not respond
Credit or Billing Disputes (60 complaints)
48 Resolved
5 Unresolved
1 Company made every reasonable effort to resolve
6 Company did not respond
Refund Practices (1 complaints)
1 Resolved
Contract Disputes (1 complaints)
1 Resolved

The company's size, volume of business and number of transactions may have a bearing on the number of complaints received by the BBB. The complaints filed against a company may not be as important as the type of complaints, and how the company has handled them. The BBB generally does not pass judgement on the validity of complaints filed.

Additional Information
This Business Operates under the Names Palisades Collection, LLC

Addresses
87 South Commerce Way, Suite 70
Bethlehem, PA 18017
Northampton County

Phones
(800) 873-5648
(866) 230-8075

Reported on Tuesday, March 11, 2008
As a matter of policy, the Better Business Bureau does not endorse any product, service or company. BBB reports generally cover a three-year reporting period, and are provided solely to assist you in exercising your own best judgment. Information contained herein is believed reliable but not guaranteed as to accuracy. Reports are subject to change at any time.
The Better Business Bureau reports on members and non-members. Membership in the BBB is voluntary, and members must meet and maintain BBB standards. If a company is a member of this BBB, it is stated in this report.
???? 2008 BBB of Metro Washington DC & Eastern Pennsylvania
Caller ID: Unavailable
Caller: Palisades Collection, LLC
Caller Type: Collection Agency



What Actions Must a Collection Agency Avoid?

Under the Fair Debt Collection Practices Act, a collection agency may not act in the following ways:

Third-party communications: The collection agency can not contact third parties other than the debtor's attorney or a credit bureau for any reason other than to locate the debtor. Collection agents that contact third parties must state their names, and may only add that they are confirming or correcting information about the debtor. They can not give the collection agency's name unless asked directly. They can not state that they are calling about a debt. Collection agents may not contact a third party repeatedly unless they believe an earlier response was wrong or incomplete and that the third party has revised information. Further, collection agents can not communicate with third parties by postcard or by correspondence that uses words or symbols that betray their collection motive.

Attorney-represented debtor: A collection agency can not contact the debtor directly if he or she is represented by counsel unless the debtor gives the collection agency specific permission to do so.

Debtor communications: Collections agents may not contact debtors before 8:00 a.m. or after 9:00 p.m., or at another inconvenient time or place. Collection agents also may not contact a debtor at work if they know that the employer bans receipt of collection calls while on the job.

Harassment or abuse: Agents can not threaten or use violence against the debtor or another person. They can not use obscene or profane language. They can not publish a debtor's name on a "blacklist" or other public posting. Agents can not call repeatedly or contact the debtor without identifying themselves as bill collectors.

False or misleading statements: Agents may not lie about the debt, their identity, the amount owed, or the consequences for the debtor. They can not send documents that resemble legal filings or court papers. Agents can not offer incentives to disclose information.

Unfair practices: Agents may not engage in unfair or shocking methods to collect, including adding interest or fees to the debt, soliciting post-dated checks by threatening criminal prosecution, calling the debtor collect, or threatening to seize property to which the agency has no right.



Collection Agency Licensing Requirements:
The State of Pennsylvania does not require the licensing of collection agencies.

Collection Agency Licensing Requirements:
Any person who conducts a collection agency, collection bureau or collection office in the State of New Jersey, or engages in collection activities including receiving payment of accounts, soliciting the right to collect, or advertise for or solicit in print the right to collect, is required to file a bond in an amount prescribed by its Secretary of State. (Sec. 45:18-1.)


Application and bond information may be obtained from: Department of State Division of Commercial Recording Collection Agency Bond CN 453 Trenton, New Jersey 08625 or visit the Department of State's web site



"(5) 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.
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller????????s identity"


What Remedies Are Available If The Debt Collector Violates The Law

Under the Fair Debt Collection Practices Act, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. If you win, you may recover damages in the amount of any losses you suffered as a result of the violation, plus an additional amount of up to $1,000.00. You may also be able to recover court costs and attorney fees.

If the same debt collector has engaged in unlawful conduct with a number of consumers, it may be possible to find a lawyer who will file a class action lawsuit.

Where Can I Report Legal Violations By debt collectors?

In most states, you may report the agency's conduct to the state Attorney General's office.

You may also contact the Federal Trade Commission (FTC) if you have a problem with an out-of-state debt collection agency.

Federal Trade Commission
One Bowling Green Ste. 318
New York, NY 10004
1-877-382-4357 (877-FTC-HELP)


-----------

Who May A Debt Collector Contact About My Debt?

If you have an attorney, you can instruct the debt collector to make all inquiries about the debt through your attorney. Once the debt collector has been instructed to make inquiries through your attorney, they should no longer make any direct contact with you.

Sample Letter

Your Name
Your Address
Date

Collection Agency's Name
Collection Agency's Address
Subject: Debt Collection Against [Your Name]
Creditor Name: [Creditor]
Account No. [Number]

Dear Account Representative,

I am writing pursuant to inform you that I am represented by an attorney in relation to the alleged debt associated with my account [number ________] with [creditor]. Please direct all further inquiries to my attorney:

[Attorney's Name and Address]

Thank you for your cooperation.

Sincerely,

[Your Name]

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What If You Don't Want The Collection Agency To Contact You?

If you wish the debt collector to stop contacting you, you must send the collection agency a written notice instructing them to stop. Once the collection agency receives that letter, they may contact you only one additional time to notify you that the collection agency or creditor intends to take a specific action in relation to the debt.

Sending this type of notice does not resove the debt. For example, the creditor may file a lawsuit against you in order to collect the debt, even if you prohibit further contact by the collection agency.

Sample Letter

Your Name
Your Address
Date
Collection Agency's Name
Collection Agency's Address
Subject: Debt Collection Against [Your Name]
Creditor Name: [Creditor]
Account No. [Number]

Dear Account Representative,

I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692c(c), to request to request that you cease all communication to me about my account [number ________] with [creditor].

[If you wish, explain your circumstances. For example, "I was recently laid off from my job, and I do not presently have any resources with which to pay off this debt. Once I have again secured employment, I intend to resume payment on the debt."]

[If there have been any violations of the fdcpa, you may wish to describe them. For example, "Please note that in violation of the Fair Debt Collection Practices Act, one of your agents contacted me last night at 9:30 PM. Should your agency contact me at any time in the future, please be sure that your contact is made in full compliance with the FDCPA."]

Sincerely,

[Your Name]

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I hope this information will be of some help.


Submitted by on Tue, 03/11/2008 - 21:18

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