I was notified today by the compliance attorney for a collection agency that they had fired their ninth collector today as a result of us bringing cases against them.  Every time the collectors were fired the collectors admitted to our client’s allegations.  The agency, through its spokesperson, conveyed sympathy to those that are treated in violation of the FDCPA.

One person (you) can make a difference.  Report any improper collection methods to us at www.fairdebthelpers.com or contact us at 866-339-1156.

Jeffrey Hyslip

Although not directly related to the FDCPA, I wanted to take a minute to talk about getting free credit reports.  Under the Fair and Accurate Credit Transactions Act (FACTA) you are entitled to a free credit report once every 12 months from each of the three nationwide consumer credit reporting companies.  Be very careful though, the only website I advise you to use to take advantage of this statutory right is www.annualcreditreport.com.

There are many bogus websites out there that trick you into giving them your credit card information and offering the “free credit reports” only if you subscribe to their monthly service which they argue can be cancelled at any time after you receive the reports.  Speaking for myself, whenever I am offered services which will continue until cancelled, I usually incur a couple months charges before I’m reminded that I didn’t cancel the service.

www.annualcreditreport.com has been deemed the official website to enforce your FACTA credit report rights.  Be very leery of any other site; even if they say its “free”.  If you’re reading this blog, most likely you are being harassed by collection agencies.  Save your money to pay off your debt; don’t spend it on a sham website offering you for a cost what Federal Law provides for free.

Jeffrey Hyslip

(1) Don’t ignore their calls.  Failing to call them back isn’t going to make your situation improve.  IN fact, your interest will accrue, your account will be passed on/sold, and they will eventually (hopefully legally) begin contacting your friends and family members.

(2) Don’t fail to show up to Court Dates.  If you have been sued and given a date to appear in Court, appear!  Although you might be nervous about appearing in Court, you will gain nothing by not appearing.  The additional stress that appearing will cause will most likely be worth it.  If you have a reason that you shouldn’t be responsible for the bill (it’s not yours, etc.) feel comfortable telling your reasoning to the Judge.  Worst case scenario, the Judge will disagree with you.  This is much better than the alternative (See my posting about being imprisoned for not paying your debts).  Always appear for your court dates.

(3) Don’t Make False Promises.  Most collectors are willing to work with you on developing an mutually agreeable repayment plan.  If you are not going to have money for three months, tell them you are not going to have money for three months.  If you only plan on paying $20 a month, tell them that this is the maximum amount you are able to pay.  If you break under pressure and agree to pay something you can’t afford, this will cause significant future problems.  First and foremost, it will make you seem dishonest.  When I was collecting debts, I always believed that if debtors were able to pay an account they would.  Its hard for me to believe that debtors are intentionally not paying debts; the stress associated with doing so isn’t worth the money saved.  When I was on the other side, if one of my Debtors lied to me, a bond was broken and anything they told me in the future lost value.  Also, let me be clear, I am not using “debtors” in its negative connotation; almost every American is a Debtor; we are a nation that largely lives off of credit.  Be honest with the collection agency you are dealing with.  Do not agree to any repayment plans you can’t afford.  More importantly, don’t agree to a check by phone, etc. if your account can’t handle the withdraw on the scheduled date.  Otherwise, you may not only owe a debt, but you may also have committed a crime (passing a bad check).

If you have questions about what to do or what not to do regarding the collection agencies that are contacting you, please give us a call.  We would be happy to assist you.  1-866-339-1156

Jeffrey Hyslip

I have a client that was harassed by a rather large collection agency today.  She is 85 years old, lives strictly off of Social Security, and recently underwent quadruple bypass heart surgery.  She was called today and the collection agency told her that if she didn’t pay $500.00 by the end of the day, a sheriff would be out to her home to arrest her.    She believed what she was told and and fell to the ground (heart attack).

Currently, she’s in intensive care and we’re not sure if she’s going to pull through.

Attention Rogue Collectors - there is a way to collect debt without violating the FDCPA!  I can’t wait to depose this collector if the case goes that far.  I get it; if I didn’t know the law and I owed a debt that I decided to ignore due to my financial situation, I would be more likely to pay it if I thought I could be imprisoned for not paying it.  But, I just don’t understand how these collectors are able to sleep at night.  We as Americans usually spend more time awake at work than we do away from work.  To continue to show up at work, it seems that one must be getting some satisfaction from what they are doing.  Stop violating the law and stop harassing people.  I doubt when these collectors are on their death bed they are going to look back and regret not collecting on one more account.  Its likely they are going to look back on their life and wish they treated people with respect, were honest and conducted themselves with dignity.

Again, I am not picking on the collections industry as a whole.  The industry is a crucial part of the American Economy!  I’m simply shaking my head at the rogue collectors that conduct themselves similarly to the one that put my client in the hospital.

Jeffrey Hyslip