We’re settling a lot of FDCPA cases every month and frequently I speak with clients about how they are going to use their settlement funds. Sometimes, clients use the funds for necessary expenses; food, clothes, housing, etc. Sometimes, but rarely, my clients share that they are going to use the money to purchase something questionable (in my eyes) such as a new flat screen television, down payment on a new car, etc. I am not in the position to judge anyone, however, I always try to get my clients to spend their money on something that will change their lives. A television will temporarily entertain, however, what if they would spend their money on something that would make “tomorrow” completely different than today……

What if I told you that if you gave me $1,500.00 of the money you received from your FDCPA settlement and I could use that money to pay off thousands of dollars of your debt? What if I told you a client gave me their $1,500.00 and I turned that $1,500.00 into the ability to discharge over $100,000.00 of the debt that they previously incurred? Its likely you’d think I was trying to sell you something that wasn’t real, and would turn me into the Federal Government. However, I am being completely honest.

People have different ideas about Bankruptcy; some view it as a second chance and some view it in negative light. I can tell you this; dozens of millionaires out there have filed for bankruptcy more than once. Additionally, as the news daily points out, our largest corporations are seeking bailouts and are using bankruptcy to get back on their feet. Why shouldn’t you use the same tools?

If you contact me and you have a collection agency that has violated the FDCPA, I will get you money (assuming the collection agency hasn’t filed for bankruptcy in the meantime which is becoming more frequent). Be thinking now how you want to use that money. My suggestion, obviously, is to use the money to create a new tomorrow; get a fresh start. Visit www.legalhelpers.com for more information on bankruptcy.  Tomorrow doesn’t have to be another day; it could be your second chance.  If you don’t have another viable long term plan; make one.  If you don’t plan for anything, don’t expect anything to change.

Jeffrey S. Hyslip

The FDCPA prohibits debt collectors from harassing or misleading consumers while collecting debt.  However, the only debt that is covered under the Statute is Consumer debts.  The FDCPA defines Consumer debts as debts incurred primarily for personal, family or household purposes.  Therefore, if you incur a debt for your business, the debt collector is not covered by the FDCPA.  Congress assumed that if someone was sophisticated enough to run and operate a business, then they were most likely able to decipher when a collection agency was making false threats, etc.  If you have a question regarding whether or not the debt you have incurred allows FDCPA protection, feel free to contact us at 866-339-1156.

Jeffrey S. Hyslip

Happy Holidays from www.fairdebthelpers.com

Jeffrey Hyslip

I’m currently representing a client against a rather large debt collector in Ohio that sunk to a new low.  In the middle of November this client unfortunately watched her husband’s health deteriorate before her eyes.  To make matters worse, during this trying time she was being contacted by the debt collector.  She explained that her Husband currently didn’t have any income because he was disabled and was only receiving disability income.  Additionally, she explained to the collector that her husband was mortally ill in the hospital and asked for the calls to stop so she could spend her final days with her husband in peace.  In response, the collection agency began abusing her and told her that her husband’s death was not an excuse not to pay.  Additionally, the collector told her that if she didn’t pay the debt they would freeze her bank account and garnish the husbands disability checks (which they can’t).  Its no surprise that the client hung up on the harassing debt collector.  She explained to me that losing money wasn’t as important as spending her husband’s final days with him.

A few days later, her husband’s health significantly deteriorated.  It was clear to everyone involved that this day would be her husband’s last.  On this day the debt collector struck again.  When she picked up her phone and realized it was a debt collector, she kindly asked the collector to call her back because her husband was in the process of passing away.  An important note is that she only answered the call because she believed it was a family member she had previously called to inform them of her husbands imminent passing.

She informed the debt collector of the situation and the debt collector rudely told her that her husband’s death was no excuse to avoid the payment of debt.  She began weeping on the telephone and despite what you’d expect, this didn’t end the harassment.  Unfortunately, the client’s husband passed away very shortly after this telephone call.

Look, I get it; people need to pay their bills.  However, sometimes situations arise that preclude the payment.  My client wasn’t trying to avoid the debt, she was simply preoccupied with her Husband’s passing.  All too frequently debt collectors neglect to realize that there is a real person on the receiving end of the telephone call.  I admit that when I was a collector I sometimes acted in ways I regret.  However, I can say with absolute honesty, I never belittled or harassed anyone; not to mention while the love of their life was being taken from them.  I don’t know who the individual debt collector was on this case, but I can tell you this; I look forward to meeting him at a deposition.

If you or anyone you know is being harassed by debt collectors, have them contact us.  As the largest Nationwide Fair Collection Law firm in the Country we take pride in handing these debt collectors exactly what they deserve; termination notices.

Jeffrey Hyslip