Collections

Section 801 Short title.
Section 802 Congressional findings and declaration of purpose.
Section 803 Definitions

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(Recorded November 2005) Host Claudia Wilner talks with Attorney Brian L. Bromberg on what your rights are in debt collection cases.

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(Recorded November 2005) Host Claudia Wilner talks with Attorney Brian L. Bromberg on what your rights are in debt collection cases.

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Dealing With Debt Collectors - Debt Validation.

The first most important rule of dealing with debt collectors you must remember: never admit and accept a debt unless it was proven to you that it IS your debt. You have the right to request documentation from the collector substantiating his collection efforts. You must send your validation request no later that 30 day since the collecting agency’s first contact.

What debt collectors should provide:

() Proof that the collection company owns the debt/or has been igned the debt. At a minimum, some account statements from the original creditor.

() Proof that this debt is yours - a copy of the original signed loan agreement or credit card application (or at least account statements from the original creditor).

() Explanation of the amount and all fees and payments starting from the original creditor (this is not in the FCRA or FDCPA - but was established in one of court cases in 2004 ( for more info visit http://www.101CreditRepair.com )

Procedure:
1. Send a letter requesting validation to the collection agency (via certified mail)

2. Dispute the collection with the credit bureaus (certified letter). You must never skip this step.

3. Wait 30 days to hear back from the collection agency. Most likely they either not respond - or not provide everything as needed.

4. If they haven’t sent you satisfactory proof, send them a 2nd letter with the copy of the first one and delivery receipt. Tell them that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).

5. Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

6. If they do provide all required documentation - there is one more thing you can try: see if they are legally licensed to collect the debt in your state (not all states require license).

If the collection agency did not agree to remove the listing, then you need to continue to the next steps. For more information about this process, including template letters, visit http://www.101CreditRepair.com

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(Recorded November 2005) Host Claudia Wilner talks with Attorney Brian L. Bromberg on what your rights are in debt collection cases.

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My hero, Dave Ramsey, tells of abusive practices and the violation of Federal law incorporated by debt collectors - particularly credit card debt collectors. Most people do not know that they have rights guaranteed to them by the Fair Debt Collection Practices Act (FDCPA) and debt collectors knowingly and habitually break these laws in order to frighten them into paying.

IT IS NOT AGAINST THE LAW TO OWE MONEY!

Do not allow yourself to be lied to (example: “You’re going to go to jail if you don’t pay this” is one of their favorites!) or treated without the dignity you deserve.

KNOW YOUR RIGHTS UNDER THE FDCPA:

Collectors can NOT call you before 8 am or after 9 pm

Collectors can NOT threaten to have you arrested or charged with a crime if you dont pay

Collectors can NOT continue to call after you have indicated you want them to stop (record your conversation with them, tell them you ARE recording it, write the date and time down in a journal, and follow up with a certified letter stating they may no longer call.)

Collectors can NOT call friends, family members or colleagues repeatedly in order to get you to pay (they may call your acquaintances ONCE in order to track you down and may NOT mention that you owe money or give ANY information that would lead someone to believe that they are attempting to collect a debt.)

For more information on your rights under the FDCPA, please visit my website at www.myarrp.com (click on the “Help With Credit” link at the top.)

To the scum debt collectors reading this: We’re mad as and we’re not going to take this any more! We the People are being educated as to your tactics, garnering strength and numbers, and proposing legislation. We’ll be in touch with you…

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