http://www.articlesnatch.com/rss2/FDCPA FDCPA Articles from ArticleSnatch.com Rss Follow Up Wed, 15 Feb 2012 21:52:01 -0500 The financial situation is going down hill in our country, a lot of debtors are opting for bankruptcy as an option to run away from the bills, some of them are just ignoring the communication sent or attempted by their creditors while some others are making false promises and trying to run away from their responsibility. In simple language debt recovery is becoming difficult day by day and a lot of money and time is invested by creditors behind it but that doesn't guarantee a recovery of the debt owed. If you own a business that is facing such a problem then the best bet for your debt recovery is hiring a collection agency to recover your debt. When you let a debt collection agency handle your bill for them, you will have to pay them a percentage on the debt that they recover for you. Once you assign them your files your job is done, they will take over from there and will begin debt recovery. They have professionally skilled debt collectors who are experts in the field of debt collection and will give you much better results than you getting by trying the recovery yourself.collection agency]]> collection agencies]]> debt]]> money]]> finance]]> http://www.articlesnatch.com/Article/Debt-Recovery-Through-A-Collection-Agency/3660283 Tue, 14 Feb 2012 18:12:11 -0500 http://www.articlesnatch.com/Article/Debt-Recovery-Through-A-Collection-Agency/3660283 If you're like most people, the last thing you want to deal with is credit harassment. Debt collection efforts by collection agencies have hit an all-time high for two reasons. First, many people are struggling to pay their bills since the downturn in the economy, and next, bill collection has become big business. In fact, collection companies in the U.S. now collect billions in overdue debt every year. But those debt collection efforts can quickly become credit harassment if you're not careful. Here are five tips that will help you stay ahead of debt collection efforts. Negotiate The best way to avoid credit harassment is to avoid having to deal with collection agencies in the first place. If you find that you're getting behind on your bills, contact your original lender and offer to work things out with them, either by setting up a payment plan on the past due amount, or by extending your pay period. By doing this, you won't have to deal with debt collection agencies because the lender will have no reason to turn over your account. Face It Many people don't want to deal with collection agencies, so they'll simply ignore a collection letter.Credit harassment]]> debt collection]]> http://www.articlesnatch.com/Article/Five-Ways-To-Avoid-Credit-Harassment/3656590 Mon, 13 Feb 2012 16:59:08 -0500 http://www.articlesnatch.com/Article/Five-Ways-To-Avoid-Credit-Harassment/3656590 You're receiving calls all hours of the night, and when you pick up the phone, it's someone wanting your bank account number to pay a debt. Or maybe you're being hounded about a debt that you're not even sure is yours. Perhaps you're sick of being called names and ridiculed by a debt collector because you lost your job and aren't able to pay your bills. Whatever is going on, if you're the victim of debt collection harassment, we've got good news for you. The Law is on Your Side A debt collector can't do just anything to collect a debt. Instead, it's required that all debt collectors follow the rules set out by the Fair Debt Collection Practices Act (FDCPA). Lawmakers realized that consumers were experiencing high rates of debt collection harassment, and that's why they passed the FDCPA. The Act lays down specific guidelines that the bill collector must follow, and if they don't, they could find themselves in a court of law being sued by the consumer. For instance, the FDCPA says that collection harassment by telephone is not allowed.Collection harassment]]> debt collector]]> http://www.articlesnatch.com/Article/Are-You-Experiencing-Collection-Harassment-By-A-Debt-Collector--Here-s-What-To-Do/3656588 Mon, 13 Feb 2012 16:58:30 -0500 http://www.articlesnatch.com/Article/Are-You-Experiencing-Collection-Harassment-By-A-Debt-Collector--Here-s-What-To-Do/3656588 When you receive a free copy of your credit report from a credit monitoring service, you may find collection accounts on the report. Consumers are protected by federal laws which guarantee certain rights when dealing with creditors. Collection agencies purchase delinquent accounts from creditors like Home Depot, Sears, Verizon. It takes 4 to 12 months before the creditor gives up trying to collect a bad debt and they sell the account for pennies on the dollar to a collection agency. At that point, it is usually too late for the debtor to deal with the original creditor. The first step in working with a collection agency is to validate the debt. This is done by written request. Make sure to have a template of the letter handy. The letter should be sent via certified mail, return receipt requested so that you have proof of that your debt validation letter has been received. The letter accomplishes several things to protect you. First, it requires the agency to mail written proof that the debt is indeed yours. Second, the letter prevents you from receiving harassing phone calls at home or work.Collections]]> Debt Validation]]> Fight Collections]]> http://www.articlesnatch.com/Article/Tips-To-Fight-Collections/3597186 Wed, 25 Jan 2012 04:33:27 -0500 http://www.articlesnatch.com/Article/Tips-To-Fight-Collections/3597186 When a family member dies, chances are that they've left behind debt, and most family members don't understand how to handle the money owed after death. Luckily, the Fair Debt Collection Practices Act gives us some guidance on how to handle debt collectors who call during this vulnerable and tragic time. Let's take a look at some of the specifics about deceased debt, and how family members should handle it. Who Owes it? Usually, the estate of the deceased owes the money, and in fact, the creditors will be paid off before any other disbursements are made. If there isn't enough to cover the amount owed, then the creditors will go unpaid. Unfortunately, this is where an unscrupulous debt collection agency can try and take advantage of grieving family members. For instance, a collector may call and tell you that the deceased would have wanted you to pay off his bills, or that by not doing so, you're dishonoring his name. This is deceitful, and the FDCPA disallows a debt collector to use deceit in an attempt to collect a debt.deceased debt]]> debt after death]]> debt collector]]> debt collec]]> http://www.articlesnatch.com/Article/Deceased-Debt--Are-Family-Members-Responsible-For-A-Relative-s-Debts-/3595495 Tue, 24 Jan 2012 17:35:26 -0500 http://www.articlesnatch.com/Article/Deceased-Debt--Are-Family-Members-Responsible-For-A-Relative-s-Debts-/3595495 If your payday loan is approaching the due date or if you are already delinquent, chances are your lender is going to call you. They will use every phone number they can find for you, including those of your friends and family and also your work. However, you have rights which are protected by federal law under the Fair Debt Collection Practices Act. How do you stop payday loan collection phone calls at work? It's easy. Woman Sues Payday Lender For Calling At Work A West Virginia woman claims she suffered "humiliation, embarrassment, mental anguish and emotional distress after a debt collection agency repeatedly called her at her work." Amy Wellman filed a lawsuit in U.S. District Court for the Northern District of West Virginia against Martin and Seibert, a law firm. According to their website, one of the services Martin and Seibert offers is to "recover the highest percentage of our client's assets as possible. We aggressively pursue all money owed, to include, where available, pre and post judgment interest, court costs and attorney fees." There is no standard time period to repay a payday loan.Collections]]> payday loan]]> Work]]> http://www.articlesnatch.com/Article/How-To-Stop-Payday-Loan-Collection-Calls-At-Work/3593829 Tue, 24 Jan 2012 04:30:34 -0500 http://www.articlesnatch.com/Article/How-To-Stop-Payday-Loan-Collection-Calls-At-Work/3593829 The Online Lenders Alliance (OLA) is an organization representing the growing industry of U.S. based companies offering online consumer short-term loans, also known as payday loans. The OLA released the following statement. Thoughts, comments and identification of companies you know conducting this type of activity are welcome. Details on how to do this are below. Consumer Fraud Alert About Fake Debt Collectors In an effort to ensure consumer choice for credit in these difficult economic times, the Online Lenders Alliance (OLA) is issuing this Fraud Alert so that consumers and agencies can be informed about fake debt collection scams. Scam artists pretending to be legitimate debt collectors or law enforcement officials are terrorizing consumers and, in some cases, causing unsuspecting victims to lose thousands of dollars. This tactic is in direct violation of the Fair Debt Collection Practices Act (FDCPA). OLA has been working with Federal, State and local agencies in an attempt to bring these individuals to justice. Get 100% Online and Secure Payday Loans There is no standard time period to repay a payday loan. It depends on a number of factors, including the lender, the state and local loan laws, the amount borrowed and other factors.Debt Collections]]> Fraud]]> Payday Loans]]> Scams]]> http://www.articlesnatch.com/Article/Fraud-Alert--Beware-Of-Phony-Debt-Collections-Scams/3580646 Thu, 19 Jan 2012 04:02:44 -0500 http://www.articlesnatch.com/Article/Fraud-Alert--Beware-Of-Phony-Debt-Collections-Scams/3580646 Before the Fair Debt Collection Practices Act, a collector didn't have to worry about getting in trouble by using unlawful collection tactics. They were able to do whatever they thought was necessary in order to collect a bill. But thank goodness times have changed. Now, debt collectors have strict rules that they must follow in order to stay above the law. Here's a rundown on the rules so you will know exactly if and when a collector crosses the line. The First Contact In the past, a consumer would sometimes be forced into paying a bill they weren't even sure was theirs for fear that their credit report would be affected, but the FDCPA makes it possible for consumers to ensure a debt is theirs before they ever have to enter into discussions about it. After the first contact, a debt collector must send you a letter that gives you the details of the debt in question. It must include the name of the original creditor, the amount of the original debt, plus any fees that the collector has added to the debt.fair debt collection]]> debt collection tactics]]> debt collecto]]> http://www.articlesnatch.com/Article/Making-Debt-Collectors-Play-By-The-Rules/3528862 Wed, 04 Jan 2012 13:28:22 -0500 http://www.articlesnatch.com/Article/Making-Debt-Collectors-Play-By-The-Rules/3528862 So, you've received a collection letter from a debt collector, and now you're wondering what to do. That's good, because the slightest misstep from you could result in a multitude of bad consequences. The Fair Debt Collection Practices Act was enacted by Congress to give you rights when dealing with debt collection agencies, but in order to take advantage of these rights, you first have to know them. Here's a simple plan that allows you to use the Act when dealing with a debt collection letter. Step 1: Ask for Validation Just because you receive a collection letter, that doesn't mean that you actually owe the debt. In fact, debt collection agencies often make mistakes and send out collection letters to the wrong people. That's why the Fair Debt Collection Practices Act gives consumers the right to ask for validation of the debt. Within five days of their initial contact, a debt collector must send you a letter telling you the specifics of the debt in question. Step 2: Dispute the Debt Once you've received the letter, you'll have 30 days to determine whether or not the debt is truly yours.collection letter]]> collection letters]]> debt collection]]> debt]]> http://www.articlesnatch.com/Article/Debt-Collection-Letters--Five-Steps-To-Help-You-Cope/3510403 Thu, 29 Dec 2011 22:28:21 -0500 http://www.articlesnatch.com/Article/Debt-Collection-Letters--Five-Steps-To-Help-You-Cope/3510403 Should you wish to borrow cash via payday loans online but only intend to default on them, you really need to learn about the possible results of such decision. It has always been rumored that clients who deliberately forget about their payday loans online could be sent behind bars for a particular period of time. This has never been true though since the Fair Debt Collections Practices Act (FDCPA) mandates that blackmails and threats are not allowed between a payday loan and client relationship. Nevertheless, you must not be complacent about this fact as you would find other negative consequences of defaulting on payday loans online, and they would really make you regret that you tried or even planned of evading a due cash advance. Such aftermaths are mentioned below: 1. More Payments Payday loan companies would not make second thoughts on adding further fees and fines on a defaulted cash advance. The longer the amount of time you decided to forget about repayment, the larger sum of cash would be charged against you, causing a more complicated compensation effort. 2.payday loans online]]> California payday loans]]> http://www.articlesnatch.com/Article/Payday-Loans-Online--The-Aftermath-Of-Non-payment/3498887 Tue, 27 Dec 2011 02:50:23 -0500 http://www.articlesnatch.com/Article/Payday-Loans-Online--The-Aftermath-Of-Non-payment/3498887 If your in debt and the debt bureaus are putting pressure on you then send them a validation letter to stop them. When a third party debt collector takes ownership of your debts they are required to send you a letter to inform you. By sending a validation letter the debt collecting bureau will not be able to make contact with you in any way until they have evidence of you owing the debt. Several collection agencies won't bother with this. Under the Fair Debt Collection Practices Act (FDCPA) a debt collection agency would be breaking the law if they continue to contact you if they have not yet attained proof that you owe the debt. In case you find yourself needing to file for bankruptcy, do so immediately. It is important to be aware that fixing your credit before you declare is a waste of time because bankruptcy will lower your score considerably. Only worry about improving your credit score after bankruptcy has been declared. Make certain to borrow no more than 30% of the credit available to you. Your credit score will begin to suffer if you have any higher credit utilization than that.debt]]> fix credit]]> repair credit]]> credit repair]]> debt relief]]> debt agency]]> http://www.articlesnatch.com/Article/How-To-Increase-Your-Credit-Score-Following-Bankruptcy/3466153 Fri, 16 Dec 2011 09:05:46 -0500 http://www.articlesnatch.com/Article/How-To-Increase-Your-Credit-Score-Following-Bankruptcy/3466153 Opt out from this option! Doing so will prevent your credit information to be shared to other businesses by credit reporting agencies.But debt collectors have some other ways to learn how much opportunity you present to them. You should find websites that teach you how to opt out credit history. Filing for bankruptcy is one viable option for you. However, declaring bankruptcy should always be your last possible option when coping with unsecured credit card difficulties. If a credit card company actually take you to court for a credit card and it seems like they may win, THEN seek bankruptcy relief. Bear in mind that your debt is UNSECURED and filing for bankruptcy might cause the case to be dismissed. When dealing with debt collectors, it's greatest that you work with them during the end of the month. These people work on percentage thus they would desire to meet their collection targets as soon as the end of the month approaches. Get it in writing or negotiate it later.debt settlement]]> http://www.articlesnatch.com/Article/Debt-Collectors----Dozen-Guidelines-Concerning-How-To-Stop-And-Tackle-Credit-Debt-Collectors/3417516 Sat, 03 Dec 2011 18:01:10 -0500 http://www.articlesnatch.com/Article/Debt-Collectors----Dozen-Guidelines-Concerning-How-To-Stop-And-Tackle-Credit-Debt-Collectors/3417516 bankruptcy in utah]]> JL Martin law firm]]> Law firm in Utah]]> http://www.articlesnatch.com/Article/Bankruptcy-In-Utah---Essentials-Of-Fair-Debt-Collection-Practices-Act/3415556 Sat, 03 Dec 2011 01:33:29 -0500 http://www.articlesnatch.com/Article/Bankruptcy-In-Utah---Essentials-Of-Fair-Debt-Collection-Practices-Act/3415556 Even though dealing with collection agencies isn't generally a heartwarming experience, the debtors who knows the proper debt collection practices as identified by Federal Fair Debt Collection Practices Act (FDCPA), might be capable to evade excessive grief. Individual who are not capable to release their obligations financially, the creditor may be contact a collection agency. A collection agency is a third party that will help the lender to collect or recover the debt owed. A collection agent has the right to recover the debt in any technique or method that he knows. However, collection agency has a limitation in terms of acquiring the debt, he is not entitled to harass or threaten the delinquent debtor. There are several ways on how you can deal collection agencies effectively. Keep in mind that dealing with collection agencies doesn't have to be a horrible experience. As you know the collection of entire family, household and personal debts are controlled under Federal Fair Debt Collection Practices Act (FDCPA). Included in the personal debts are home mortgage, medical bills, auto loans and payable credit cards.collection agency]]> collection agencies]]> debt]]> money]]> finance]]> medical]]> http://www.articlesnatch.com/Article/How-To-Deal-With-Collection-Agencies/3415006 Fri, 02 Dec 2011 21:43:16 -0500 http://www.articlesnatch.com/Article/How-To-Deal-With-Collection-Agencies/3415006 Debt is not simply something that anyone wants to have to think about or deal with. However these are problems that you must not ignore because they may be harmful to your credit and will haunt you for a lifetime. It is best to acquaint a little bit about what options there are to negotiate with credit card debt problems. Negotiating Credit Card Debts not only saves your money but also the hassle associated with it. First and foremost way to negotiate credit card debt is to call and talk about your debt to the company you owe money. Don't hesitate to speak about your debt. Always think of your benefit and understand the situation. The easiest and also the least complicated way to negotiate credit card debt is to opt for a lump-sum settlement and clear all the debts. If you have to a chunk of money, then you can break the sum into three payments. For this do a financial analysis to ascertain monthly budget. Another better way to get out of debt is debt consolidation. Debt consolidation entails taking out one loan to pay off many others.Credit card bills]]> Credit Card Debt]]> Negotiation Tips]]> http://www.articlesnatch.com/Article/Credit-Card-Debt-Negotiation-Tips/3378709 Wed, 23 Nov 2011 21:04:09 -0500 http://www.articlesnatch.com/Article/Credit-Card-Debt-Negotiation-Tips/3378709 Debt collection calls can be a nuisance even if you have not taken a debt from any organization. Debt collection companies will try to get the coordinates of a person who owns them money from a Third party. Melanie Popper suggests that debt collection companies cant contact a third party more than once for getting the whereabouts of the defaulter. Revelation Law Firm is there with consumers in the hard economic times when they are unable to pay their debts on time they are the best to turn to if one is being harassed and dealt with unlawful conduct by the collection agencies. All Collection agencies are prohibited to contact a third party for any purpose other than to get the location of the defaulter. The collection agency is allowed to communicate with the consumers, the consumer's attorney, the creditor and his attorney and the debit collector's attorney. Melanie Popper further adds that a collection agency can't disclose the debt owned to the third party. They can't even state the debt collection company's name to the third party without being expressly asked.Revelation Law Firm]]> Melanie Popper]]> http://www.articlesnatch.com/Article/Managing-Debt-Collection-Calls-With-Melanie-Popper/3375700 Wed, 23 Nov 2011 03:35:32 -0500 http://www.articlesnatch.com/Article/Managing-Debt-Collection-Calls-With-Melanie-Popper/3375700 The situation becomes worse when they start calling you at work or your employer. The nationwide collectors have the right to call you at work but only under certain limited circumstances. A collection agency is permitted to call or mail you at work unless the debt collector knows or has reason to know that your employer prohibits you from receiving such communications. Under the FDCPA, the Debt receiver can call or contact your employer only to verify employment, or the amount of your earnings, or to communicate with an employer who has an established debt counselling service or procedure. Debt collectors can also call you to find out whether you have medical insurance to cover a specific debt, or to garnish your wages. In order for the collection agency to garnish your wages they must first sue you and obtain a judgement against you. Many states want collectors to make such inquiries of your employer in writing. However, they may permit the collector to contact and call the employer if no response is received within a few weeks of the written inquiry.debt collector]]> debt collector contact]]> collector contact]]> http://www.articlesnatch.com/Article/Can-A-Debt-Collector-Contact-Me-At-Work-Or-My-Employer-/3364891 Sun, 20 Nov 2011 10:11:14 -0500 http://www.articlesnatch.com/Article/Can-A-Debt-Collector-Contact-Me-At-Work-Or-My-Employer-/3364891 I am not an attorney, I am a judgment and debt referral expert (Judgment and Collection Agency Broker). This article is my opinion, based on my experience in California, and laws are different in every state. If you need legal advice or a strategy to use, please contact a lawyer. You located, or were referred to, a professional judgment recovery specialist, collection agency, or a contingency collections lawyer. They were highly recommended to you, yet they have not made any progress on recovering your judgment in a month. You gave the judgment enforcer valuable information like where the judgment debtor worked, and the debtor's banking information. However, the "recovery expert" still has not collected any of your money. How could they not make any real progress when they have worked on your judgment for a month? It has been almost a month, and when you asked them what they were doing with your judgment, they told you there was already a prior levy to theirs, so their wage levy attempt didn't succeed. Or, that they are waiting for the sheriff to serve a levy. Or, that they still are hunting for assets.judgment enforcer]]> judgment enforcer slow]]> judgments are tough]]> judgment enforcement]]> http://www.articlesnatch.com/Article/Why-Judgment-Enforcers-Make-No-Progress/3364497 Sun, 20 Nov 2011 01:52:56 -0500 http://www.articlesnatch.com/Article/Why-Judgment-Enforcers-Make-No-Progress/3364497 I am not an attorney, I am a debt and judgment matchmaking expert (Judgment and Collection Agency Broker). This article is my opinion, based on my experience in California, and laws vary in every state. If you want a strategy to use or legal advice, you should contact a lawyer. Anyone with a new judgment recovery or debt collections business will think more than once about which kind of insurance they could purchase. There are risks in every business, and the risk of getting sued is one of the more important risks to think about. The judgment enforcement business can have at least five additional (although very rare) risks, in addition to the normal risks with any business or venture: 1) What if you become disabled, or die, or leave the judgment business and do not assign all or most judgments back to the original judgment creditors? You or your executors could get sued, and much worse, sued for the creditor's share of a purely theoretical and overly optimistic value for the judgment. 2) Allowing a judgment to expire during your watch. Judgments must be renewed, if one does not renew a judgment, it is lost.judgment business insurance]]> collections business insurance]]> errors and omissions]]> judgment enforcement]]> http://www.articlesnatch.com/Article/Should-You-Have-Insurance-For-A-Judgment-Collection-Business-/3351209 Wed, 16 Nov 2011 14:08:47 -0500 http://www.articlesnatch.com/Article/Should-You-Have-Insurance-For-A-Judgment-Collection-Business-/3351209 debt collector harassment]]> debt collection laws]]> http://www.articlesnatch.com/Article/The-Debt-Didn-t-Go-Away-/3343837 Tue, 15 Nov 2011 04:09:09 -0500 http://www.articlesnatch.com/Article/The-Debt-Didn-t-Go-Away-/3343837