Defense Against Crime

10/03/2015

Dealing with Collection Scams

It seems that since spring is coming, more scammers are coming out. The other day I received the IRS b25belderly-smartphone-620x350Scam call. Yesterday I received the following call.

Hi my name is Janet Murphy I’m calling for (Name). I am from the State Official Office, and I’m contacting your today to inform you that I have received an order to produce a body attachment against (name). I will be dispatching an enforcement officer to your residence or place of employment to enforce the body of attachment. You can also contact the party that filed the order, the Interstate Financial Bureau at 844-710-8966. Please secure and large animals or firearms.

 

Once again I received a call from my secretary telling me about the call. Here is a few things that let me know it was a scam.

 

  1. You can’t get arrested for bad debt, only bad checks. Currently the we don’t have debtors prisons. However, given one of more US political parties has a predilection to do the bidding of corporations that might change. You can Google usury Laws. You can get sued over bad debt and go to court.
  2. The person whose name they were using  (a relative) died in 1992, and lived in another state. ’m pretty sure that they didn’t have any outstanding loans.
  3. While individual loan companies may contact you by phone, all legal documents are either sent by mail, or delivered by a member of the law enforcement community. Ie a summon to appear in court

 

There are many loan agencies and debt collectors that resort to unethical methods to collect debt. Including threatening debtors, or family members of debtors or people with the same name. Under the Federal Fair Debt Collection Practices Act (FDCPA) you have certain protections and the collectors have certain rules they must follow. This doesn’t mean that all of them will.

Here are some things debt collectors cannot do:

Collectors are not allowed to contact your spouse, your parents (only if you are a minor), and your co-debtors. Many of them will make these contacts, unless you have sent a letter requesting them to stop contacting you. There is one other exception. Debt collectors are allowed to contact third parties for the limited purpose of finding information about your whereabouts. In these contacts, collectors:

 

  • must state their name and that they are confirming location information about you
  • cannot identify their employer unless asked
  • cannot state that you owe a debt
  • cannot contact a third party more than once unless required to do so by the third party, or unless they believe the third party’s earlier response was wrong or incomplete and that the third party has correct or complete information
  • cannot communicate by postcard
  • cannot use any words or symbols on the outside of an envelope that indicate they are trying to collect a debt (including a business logo or letterhead) if either would give away the purpose of the letter, and cannot call third parties for location information once they know an attorney represents you.

 

What you can do.

  1. Know you rights under the Fair debt collection practices act. You can request in writing the following information They have 30 days to respond to your inquiry. It is also smart to send the letter return-receipt-requested so that you have proof that they received.
    1. Provide evidence that the named debt is actually mine.
    2. Provide evidence of the Original Creditor from whom I signed the contract.
    3. Provide evidence of what the money is owed for; and what purchases did I make or what Services did I contractually receive?
    4. Provide evidence of details and calculations of how you calculated that amount including fee billing.
    5. Provide evidence of letters or proof that I agreed to pay what you say I owe.
    6. Provide evidence of verification or judgment of any debts owed.
    7. Provide evidence of the Statute of Limitations has not expired on this debt
    8. Provide evidence of they are licensed to collect this debt in my State
    9. Provide evidence of their Debt Collection Rights License #
    10. Provide evidence of that they are authorized to collect this debt on behalf of the Original Creditor.
    11. Provide evidence of complete transaction and payment history from the Original Creditor.
    12. Provide evidence of what the original amount was when this Debt was assigned to your Debt Collection Agency. **
    13. Provide evidence of any fees and interest charges that have been added on to this debt. **
    14. Provide evidence of how you determined and arrived at these fees. **
    15. Provide evidence of a copy of the original signed loan or credit card application with the Original Creditor.
  2. If they continue to harass you there is a team of lawyers ready to assist you at CollectionBully.com The FDCPA protects your rights against out-of-control collectors. A CollectionBully.com law firm will evaluate your case for FREE.

Resources

 

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