Put a Stop to Debt Collection Calls!

Annoyed with debt collector calls? 

Here is how to Put a Stop to Debt Collection Calls

Anyone that has had financial troubles and fallen behind in there payments to creditors understands just how frustrating and annoying those calls from debt collectors can be.

Not only are they annoying, but embarrassing as well!

Who wants to hear, "Dad, some guy calling about your credit card bill!"

help-stop-debt-collector-callsDebt collectors are paid to get you to pay up.

They are (for the most part) trained professionals who will use every trick in the book to get you to pay.

Most abide by the law spelled out in the Fair Debt Collection Practices Act, but many do not.

First, it is important for you to know the basics of what a debt collector can and cannot do:

A debt collector cannot call you at all hours of the day.  They cannot call before 8:00 AM or after 9:00 PM.

They cannot call you at work if they are told by phone or in writing not to call you there!

A debt collector can call family or friends to inquire about your whereabouts, but the are prohibited from discussing your debts.

What debt collectors CAN'T do:

OK, so you want to put a STOP TO COLLECTION CALLS:

You will need to write a short, legible letter that demands that the debt collector stop calling you immediately.

Although you want to be authoritative, you don't want to be rude or use language you may regret latter.

Remember, most likely, you owe the debt and would like to SETTLE THE DEBT, one of these days.

Located in Portland, Oregon, we have been helping clients stop receiving debt collection calls for over 10 years.

To receive a copy of the letter we use, click below:

STOP Collection Calls Free Sample Letter

Once you have the letter written, you should send it by CERTIFIED MAIL with a RETURN RECEIPT.

This way, you have proof that not only did you mail the letter, but they received it.

WHAT IF Debt Collectors KEEP CALLING????

If the calls don't stop, write down the date, time and try to get name of the person calling.

You will need this later to file a complaint.

You have the right to sue a debt collector in a state or federal court.  You can contact your state's attorney general's office to file a complaint. If successful, you may be awarded up to $1,000 per violation!

To file a complaint with the Federal Trade Commission, click here.

Each state has it's own site, and/or method to file a complaint.

For example, if you live in Oregon, click here to file a complaint.


That should do it, but if you would like more information about how to Stop Debt Collectors or would like to know how a debt settlement program could help you, click below:

FREE EBook Debt Settlement  Basics


Tags: debt collection, fair debt collection practices act, federal trade commission, debt settlement, how to stop collection calls, dealing with debt collectors, debt settlement in oregon, debt relief in Portland Oregon

Dirty Tricks of Debt Collectors

Here's some very helpful tips on how to stop the dirty tricks debt collectors use.

Dealing with debt collectors can be very frustrating, especially if you do not know what a debt collector can and cannot legally do!

The Federal Trade Commission acts to enforce the Fair Debt Collection Practices Act when debt collectors violate the law.

The Fair Debt Collection Practices Act - Guide for Consumers, will help you understand your rights and help you deal with debt collectors.

One of the most annoying tactics used by debt collectors is to make numerous calls.  Many debt collectors use automated dialers that seem to work around the clock! 

Even if you are on the National Do Not Call List, a debt collector can legally call you as you have had a previous business agreement.

But, YOU CAN PUT A STOP TO DEBT COLLECTOR CALLS!

STOP Collection Calls Free Sample Letter

In some cases, a faxed letter will work, but to be sure, writing and sending by registered mail is much more effective!

Although a debt collector can call your family, friends and in some cases a neighbor, THEY CANNOT DISCUSS YOUR DEBT.  A debt collector can only call them to see if they can find our your phone number or where you live.

A debt collector cannot call you at work if your employer doesn't allow you to receive calls at work.  Many times you can verbally demand that the debt collector stop calling your place of employment and that will do it.  If not, write a letter.

A debt collector cannot make false statements, use obscene language, make threats of violence on the phone or in writing!

Although most debt collectors act in a semi-professional manner, there are some that will try any and all dirty tricks in order to collect their commission if they get you to pay up!

One of the most used dirty tricks that a debt collector uses is sending a "legal looking letter" that seems to indicate that you are being sued!

The Fair Debt Collection Practices Act clearly prohibits a debt collector, and even debt collectors that are attorneys, from threatening to take legal action if in fact they do not intend to.

For example, a debt collector will send a letter that says something like:

"At this time, this office has not taken any legal action, but...." or...

"If you do not contact this office within 20 days from the date it was mailed, this account will be turned over to our legal department for review."

If you received (or have received) a letter like that, then you know it is scarry!

Remember, a debt collector cannot take "legal action" until they have had an attorney, licensed in your state, prepare and submit a "claim" to your county courthouse.

Then, a SUMMONS is prepared and delivered to you.

If you do not act on the summons, then they would most likely be awarded a DEFAULT JUDGMENT.

After the judgment has been awarded, they can now take legal action such as:

  • Wage Garnishment
  • Bank Levy
  • Place a lien on your home

The point is that just because a debt collector's letter sounds like they have taken legal action, doesn't necessarily mean that they have.

Finally, a debt collector usually has the ability to accept a lesser amount than the full amount that is due.  This is called a DEBT SETTLEMENT.

Debt collectors are paid to collect as much money from you as possible!  They may tell you that their client (the original creditor) will not accept a reduction of the balance or may say that they will only accept a very small reduction.

A consumer that has not had the experience of dealing with professional debt collectors can be intimidated and may pay much more than is necessary to settle the debt.

We have helped hundreds of clients settle debts at 50% or below for many years.

Click here for ACTUAL SETTLEMENT EXAMPLES.

Don't fall for the dirty tricks of debt collectors!

 

 

 

 


 

 

 

 

 

 

Tags: debt collection, fair debt collection practices act, federal trade commission, debt settlement, debt settlement in Texas, debt settlement in oregon, debt relief in Portland Oregon, debt collector tricks

Can My Retirement Income Be Garnished?

can retirement income be garnished

Most retirees ask me "Can my retirement income be garnished?"

For the most part, the answer is NO when you are dealing with unsecured debts, such as:

  • Credit Cards
  • Personal Loans
  • Medical Bills
  • Store Cards
  • Etc.

However, if you have delinquent taxes or other secured debts, you should definitly check with your tax advisor or attorney.

If you have accumulated too much unsecured debt then your RETIREMENT INCOME IS EXEMPT FROM GARNISHMENT! According the the federal Trade Commission, not only is your retirement income exempt, so are:

  • Social Security  Benefits
  • Supplemental Security Income (SSI)
  • Veteran's Benefits
  • Civil Service and Federal Retirement and Disablility Benefits
  • Military Annuities and Survivor Benefits
  • Student Assistance
  • Railroad Retirement Benefits
  • Merchant Seaman Wages
  • Longshoremen's and Harbor Workers' Death and Disability Benefits
  • Foreign Service retirement and Disability Benefits
  • Federal Emergency management Agency Federal Disaster Assistance

Can a creditor garnish my bank account to get at my retirement income?

Sometimes they can.  It's extremely important to NEVER CO-MINGLE FUNDS from retirement sources with any EARNED INCOME your bank account!

Let's say you are retired, but working a part-time job to make ends meet.  If a creditor is awarded a judgment (and this would be only after you had received a SUMMONS), and you have CO-MINGLED your funds, your bank may be forced to FREEZE YOUR ACCOUNT!

It is a very good idea to keep separate accounts (and I recommend SEPERATE BANKS just to be safe) for income from your part-time job.  Or, you could always just CASH YOUR PART-TIME CHECK to be safe.

If you are receiving calls from collectors, we can help!

If you have delinquent, unsecured debts, we may be able to negotiate a reduced settlement by up to 50% or more! Click on the following link for more information -->

can my social security be garnished

 

Tags: federal trade commission, exempt income, garnishment

How to Stop Debt Collector Calls

Stop collection callsNeed help putting a stop to collection calls?  Try this:

Although it is OK and may be advisable to speak with the collector at least once, don't forget that these are trained professionals whose only job is to get money out of you!

Briefly explain your circumstances, but don't be surprised when they seem like they don't care...THEY DON'T!

Ask the collector for a mailing address or fax number.  You probably won't get it as they know you are going to mail or fax a written request for them to stop calling.

According to the FDCPA, once you have mailed or faxed such a letter, they collector may only contact you one more time or they are in violation of Federal laws from the FTC.

In the letter, simply state that at this time, financial circumstances beyond your control make it impossible to pay anything on this debt.

It is also a good idea to state that if things do not improve, you are going to seek bankruptcy protection from creditors.

Make a copy of the letter for your records and mail or fax. 

Although it will cost a little, it is better to send the letter by registered mail so that you have proof that it was received.

As long as your account is still with the original creditor (Visa, Master Card, Citi, etc.) it may take a few weeks for the creditor to process and as a result, you may still get calls.

The best advice is to ignore the calls. 

If you have caller ID (and if you don't, you need to get it), don't answer any calls from callers you don't know.

If you can turn your ringer off and let all calls go to voice mail, then you can screen your calls. DO NOT RETURN ANY CALLS TO A COLLCECTOR, REGARDLESS OF WHAT THEY SAY!

If you would like more information on how to stop collector calls, request  the FREE GUIDE.

Stop collection calls 

Tags: fair debt collection practices act, federal trade commission, how to stop collection calls, alternatives to bankruptcy

Common Collection Practices

Common Collection Practices

Although the Fair Debt Collection Practice Act (FDCPA) was passed in order to protect a consumer’s rights during the collection process, many collection agents violate the law and you should be aware of what a collector can and cannot do.

According to the FDCPA:

  • A collector may contact you in person (rare), by phone, mail, fax, or email (rare). 
  • They are not to call before 8 am or after 9 pm. 
  • They may contact someone else (friend, family member, neighbor), but again, according to the FDCPA, only to find out where you live, what your phone number is, or where you work.  They are prohibited from telling anyone else that you own money, but the phone call speaks for itself.
  • They are not to call you at work, but we know they do.
  • They are not to harass you by calling many times a day, over and over.  But, they do so by using a computer dialer, which although is annoying, is not illegal as they have a “business” relationship with you. 

If you feel your rights have been violated, you can:

  • Report your problem to your state Attorney General’s office and the Federal Trade Commission
  • You have a right to sue a collector in a state or federal court within one year from the date you believe the law was violated.  Although this may be a lengthy and costly option, if you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages, employment or medical bills.  It may be in your best interest to seek the advice of an attorney if you decide to sue the collector.

Tags: fair debt collection practices act, federal trade commission, common collection practices

What a Debt Collector Can and Cannot Do

The Fair Debt Collection Practices Act (FDCPA) clearly states what a debt collector may and may not do when contacting you in an attempt to collect a debt.  Harassment is the single most prohibitive action.  They cannot harass or use abusive language when speaking to you or when speaking to any third party that may be helping you.

For example:

  • A creditor is NOT permitted to contact you before 8am or after 9pm.
  • A creditor is NOT permitted to contact you at work after you have requested them not to by mail or fax.
  • A creditor is NOT permitted to use obscene or profane language when speaking to you.
  • A creditor is NOT permitted to make false statements, such as threatening to take actions that they cannot take or have not intention of pursuing.
  • A creditor is NOT permitted to use threats of violence.
  • A creditor is NOT permitted to publish a list of names of people who refuse to pay their debts.

If you feel a collector has violated your rights, you may contact your state Attorney General's office www.naag.org and the Federal Trade Commission www.ftc.gov.

To learn more about debt collection practices and your rights under the law, visit http://bit.ly/9SxgYF.  

Tags: debt collection, fair debt collection practices act, fdcpa, debt collection harassment, wage garnishment, ftc, federal trade commission, credit card debt