Additionally, if the collection agency includes language demanding that the debt be paid immediately, you may be entitled to a claim under the FDCPA. The collection agency is also required to provide language in their written correspondence regarding your 30 day time frame to dispute the debt. If you believe you have received a collection letter that is missing essential information concerning the debt or if there is language that appears to demand money sooner than or in contradiction to your 30 day period to dispute the validity of the debt, please contact us at 866-339-1156 to find out if you have grounds for a claim.

-Jonathan H.

Fairdebthelpers has recovered several judgments against this collection agency and apparently they would rather go out of business than pay THEIR debts.

Shame on you, Debt Collector!

Due to the FDCPA’s inclusion of private rights of action by consumers against harassing third-party debt collectors, the consumers themselves can stand up for their own rights. If you are threatened with lawsuit, garnishment, or arrest, you may have been subject to illegal debt collection activity. If you receive calls from a collection agency at work after a request to stop you may have a case against that agency. If you’ve retained an attorney to file bankruptcy, explained this to the debt collector and continue to receive calls, the debt collector is violating the law. If your friends, relatives, or co-workers are receiving calls from a collection agency looking for you, you can get these calls to cease.

The first step a consumer should take when being harassed by a debt collector is to keep a record of everything. Names, dates, telephone numbers, account numbers, and any threats received should be written down. All mailings, court documents, and voicemails should be saved. The next step is to contact a competent consumer rights attorney who specializes in Fair Debt Collection Practices Act cases. Fill out the free case evaluation on this website and you can find out if you have been subject to illegal debt collection activity. You may recover damages from these collection agencies as a result of their illegal activity.

You can also contact the CFPB at www.consumerfinance.gov and let them know you want the protections under the FDCPA to be strengthened to include higher damage awards for consumers and application of the FDCPA to include original creditors.

-Nicholas Prola, Esq.

Have you been threatened with lawsuits, warrants, garnishments, etc. from a company that you can’t find online?

Has a company called you with “official words” in their company name? (Affidavit Processing, Federal Investigative Unit, National Collection Security Department, etc.)

Something rather interesting has been taking place in the last few months.  Somehow, companies are obtaining information about consumers and are using that information to convince the consumer that the company is a debt collector and the consumer owes the company money.  I’m still uncertain how they are stealing this data but I’ve spoken to endless consumers that inform me that they’ve paid a certain “bill” and later realize that the company they paid wasn’t even hired by the creditor. 

Bottom Line:  Please ensure that the company that you pay is actually the company you owe.  Ask for verification of debt and for verification that they were hired by the creditor to collect the debt.

-Jeffrey

Article from insidearm.com

*****Warning - Sarcasm Below*****

I’ve been reading a lot of press recently about the poor debt collector.  It seems that consumers are on a litigation frenzy (aka LITIGIOUS) against debt collectors!  One recent report states that 18% of ALL new FDCPA law suits are filed by consumers that have sued another collection agency.  As the advertisements and media points out, this can only show one thing - that debtors love being in debt, they look forward to getting harassed, just so they can sue the debt collector.  This is amazing, I never knew this!!  You should be ashamed, debtor!

So, there are several new companies out there that search FDCPA lawsuits that are filed and mail collection agencies lists of these “LITIGIOUS” debtors so the collection agencies can compare the names to their current list of accounts so they will know if they have an account for one of these ”LITIGIOUS” debtors.

Shame on you Debtors!!  How dare you sue TWO collection agencies if TWO collection agencies harass you!  Shame Shame Shame!  You know, these collection agencies have a job to do….they can’t stay in business if they don’t have readily available data that tells them if YOU will sue them if they harass you.  I mean after all they have a job to do!

WAIT…..or MAYBE, just maybe, most debtors don’t know their rights against collection agencies until they are educated that there is recourse for collection agency harassment.  I find it interesting that collection agencies want to know when they are dealing with a “LITIGIOUS” debtor.  What are they doing once they find out?  They certainly aren’t sending the account back to the original creditor!  I doubt if they purchased the debt they are selling it to another unknowing “victim”.  I imagine if they know a debtor has filed an FDCPA lawsuit before, they will treat that debtor differently.  Maybe, just maybe, they will obey federal law when collecting the debt.  If only they did that all the time they wouldn’t need to know who the “LITIGIOUS” (aka educated) debtors are.

…..Imagine if another type of company was able to see if you would actually “tell on them” before they sold you something.  And, based on that answer, the product they would sell you would ultimately change…  I can’t imagine that being accepted anywhere else.  So, I guess its the debt collector that should be ashamed….again.

-Jeffrey S. Hyslip

The most egregious stories I hear from consumers regarding harassment are from payday lenders and the companies that collect debt from them.  I get it if you need money for food, but if you are taking out a payday loan for something other than a direct necessity; don’t!

If things are so tight that you need to get a payday loan to eat, please consider taking care of your debt in a more holistic manner.  Talk to a Bankruptcy Attorney.  Talk to a Debt Settlement/Resolution Attorney.  Talk to someone!  If you are interested in Bankruptcy, visit www.legalhelpers.com.  If you are interested in resolving your debt for a fraction of what you owe, visit http://www.legalhelpers.com/bankruptcy-alternatives/debt-management.html.  I’m a part of two law firms that were created to help consumers that are in debt.  If you do nothing, nothing will change.

I hope things aren’t so bad for you that you’re considering a payday loan.  If they are, my opinion is to start thinking of a long term solution rather than taking out another loan.

-Jeffrey S. Hyslip

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

Whenever I found real estate, I got really excited. I would pay the $33 to file a certificate of judgment against the consumer which would in turn place a lien on the consumers real property (house). When a lien is recorded/filed, it is placed behind all previously filed liens (Mortgages, etc.). Back in the heyday of the real estate market, I’d routinely get checks in the mail from title companies paying off the liens that were filed. You see, when a consumer with a lien would re-finance or sell their house, the liens that were on the house would get paid before the proceeds were dispersed to the consumer. Since homes were appreciating, there was regularly enough equity to pay off the mortgage company and lien holders.

Now, that has changed. Consumers are upside down on their homes and it is rare there is any available equity to justify placing a lien on real property. So, now we get to the point; anytime a collection agency threatens to place a lien on your home (unless your home is paid for or has SIGNIFICANT equity) they are most likely lying to you (not to mention the fact that collection agencies CAN’T put liens anywhere since they are not attorneys). So, since there is no justifiable reason to place a lien on a home that doesn’t have equity that means its unlikely anyone will place a lien on your property. As such, if a collection agency threatens you with (or mentions) a lien, they are lying to you. It is illegal for collection agencies to lie under the FDCPA. As such, if a collection agency mentions a lien, they have violated the FDCPA.

At least there is ONE upside to the housing crisis - No More Liens!

-Jeffrey S. Hyslip