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Stay calm/never pay over phone

Date: Wed, 05/18/2011 - 17:36

Submitted by anonymous
on Wed, 05/18/2011 - 17:36

Posts: 202330 Credits: [Donate]

Total Replies: 3


Many collection agencies will illegally lie to you to try to scare you into a payment because that agent gets a commission off of whatever they can get from you today! Never let them make you panic. One told my wife that they would put her in jail and garish her wages and she gave them a check over the phone. First of all, a collection agent, not even an attorney can put you in jail, only someone arrested for a CRIMINAL act (debts are civil) or a judge can put you in jail. And if you are in jail, what wages are their to garnish. Its all scare tactics and all illegal, and each one should be reported to the FTC as a violation of the Fair Debt Collections Practices Act. Each violation is a seperate fine up to a maximum per day (I think the maximum is $10,000 per day). If they want to settle, tell them to stop calling you and put it in a letter. Write a letter to their company ordering a "cease of communications" by telephone and that by mail is the only way you will communicate. After they receive that letter, each call that you report to the FTC is a fine up to that daily maximum.


Quote:

Its all scare tactics and all illegal, and each one should be reported to the FTC as a violation of the Fair Debt Collections Practices Act. Each violation is a seperate fine up to a maximum per day (I think the maximum is $10,000 per day).


Wrong.....$1000 max damages under the FDCPA. Read it. Doesnt say anything about daily anything.

Any agency handing out that crap is probably illegal. Not likely you would collect any damages anyways.


lrhall41

Submitted by SOAPLADY on Wed, 05/18/2011 - 18:05

( Posts: 17315 | Credits: )


I guess it's your right to get your debt validated before you pay a single cent. If they fail to validate your debt, then send this Cease and Desist letter asking them not to call you regarding this debt any more.
Quote:

Write a letter to their company ordering a "cease of communications" by telephone and that by mail is the only way you will communicate.

Well, at that stage you must communicate via certified mails with return receipt requested.


lrhall41

Submitted by anonymous on Fri, 05/20/2011 - 01:45

( Posts: 202330 | Credits: )


I recently saw, on the news, a segment reguarding CA's. An 'uncover' person (someone with a hidden camera on them) went for an interview at one of these CA places. The person, who was training, DID actually say they 'use any kind of tactic they can to get money. Even if it's illegal.' When the tape was shown (at a later date) to the CA 'traineee', she said she never said that and got really upset!! Well...needless to say, the uncover person did get a 'confession' on what CA's do to collect money.


lrhall41

Submitted by sdchargers_63 on Fri, 05/20/2011 - 03:45

( Posts: 1798 | Credits: )