OK Guys, PLEASE Read This!!!
Debt Collectors – Allied Interstate Collection Agency do NOT fall under Do NOT Call registry, as they are not telemarketers. However, they do constantly violate other Federal Laws, because us American's don't know the laws to protect us. They are counting on that.
- Federal Law says you don't have an obligation to Collection Agencies or Debt Collectors; you can send them a written letter and they cannot contact you after that. This includes Attorney's in state's other than your state of residence. The only Attorney's that can sue you, have to be licensed in your resident state.
A word of caution: Some Law Firms do have Firms in other states, and Lawyers licensed in other states, so you have to do a little research before sending a Cease & Desist (Do Not Call & Go Away letter) to make sure they aren't in your resident state or you're likely to get sued by these #%#&*@!#%&@$^*.
Once a debt collector makes contact with you, they also have to contact you within 5 days after the first phone call, letter etc., and give you validation/proof or judgment of the debt. You are not required to ask for it. They never do this!!!!
This law is known as the Fair Debt Collector Practices Act. You can get it at FTC.gov; as well as other Consumer Protection Laws.
Most collection agencies, purchase your delinquent debt for pennies on the dollar. Guess what? It is no longer your debt!!! You don't have any agreement/contract with the debt collector or collection agency. Your only agreement/contract was with the original creditor.
Do NOT agree to any payment arrangements, or you'll be creating an agreement/contract, where upon initial contact by the Debt Collector, one didn't exist. The collection agencies are counting on you not knowing this little bit of information.
The best advice I can give you is, do NOT talk to these idiots - they will leave you in a frustrated heap on the floor. They lie, and will tell you whatever they need, in order to get you to commit to paying them.
The lies are illegal, but they honestly don't care, they're probably on commission for how much they collect from you and others like you.
If you do answer the phone, do NOT give out your employer, social security #, DL #, Credit Card and/or Bank information, or any personal information. Tell them to send you a written statement & you'll respond. Then hang up. When you get that statement, google, Fair Debt Collection Practices Act and you'll probably find a letter you can send them Or: send the letter I’ve enclosed that I use. Sign and mail that letter Certified Mail, so you have a signature and confirmation of delivery!!!
RE
Account #
Amount in Dispute: $
Account #
Dear :
I am in receipt of your demand for payment. However, this Notice is to confirm that I do not wish to be contacted again by you, and that you are hereby put on Notice to Cease Communication pursuant to 15 USC Section 1692c(c). Failure to comply with said Notice shall result in a complaint filed and submitted to, the Federal Trade Commission, and possible legal remedies in an appropriate United States District Court.
In addition, PLEASE TAKE NOTICE THAT, I am not waiving my right to dispute the alleged debt asserted herein, but at this time I am under no obligation to respond.
Sincerely,
Your Name
Address
City, state Zip
Certified Mail#:
In the Law of Novation: if a debt is purchased by another, for that to be a legal owed obligation, a new contract / agreement has to be written and signed by all parties. Google Law of Novation and read up!!!
No I am not an attorney, just a well knowledged, educated consumer. I have spent the past 2 years studying various Federal Consumer Protection Laws.
I wasn't just satisfied knowing I could send a letter to a Collection Agency/Debt Collector and they had to go away. I read that in the Fair Debt Collector practices Act law; I needed to know why, what law tells me the reason why I can.
Everything I have typed, I have learned basically on my own through reading, studying, printing out and binding the laws and underlining/highlighting them. Not to mention the knowledge I have gained on my own fighting two lawsuits without an Attorney.
I was sued by a Collection Agency, and waiting for a Court date. The Collection Agency Attorney, sent us a letter willing to dismiss with prejudice our lawsuit, if I dismiss our Cross/Counter Claim for Fair Debt Collector Practices Act violations. Oh, I forgot to mention, we do not have an Attorney representing us; and I have not had any legal experience, in the past whatsoever.
I have read / printed & bound, my State's Rules of Civil Procedure and Rules of Civil Procedure - Evidence. I catch Attorneys on violations of State Rules of Civil Procedure all the time. And our Judge's let them get away with it.
And for those of you who say pay up and quit being a deadbeat; it appears that you have never had your life turned upside down, because a good job, not high paying by any means, but a supposed secure job, got your hours cut by 3/4.
And then a couple years later, as you are just recovering, you lose that job. And when you are in your 50's, a new job is not so easy to come by. And when that happens, then what?
Or what about a major illness, guess you've never had that either - too bad. Maybe if you did, you'd understand why and how people end up getting in financial straights. Not because they chose to, or decided they were going to find loopholes to get out of paying obligations etc.
What if the money isn't there to pay these debts to begin with? We've been barely able to pay a mortgage, let alone credit cards etc. It's easy to tell someone else what to do. I hope someday, something throws your secure little world off its axis, and you find yourself in the very situation as some of us here. Maybe then you'd learn it isn't such a cut/dry situation.
Oh, we've struggled. And the job last hasn't exactly been replaced. We're still behind in our Mortgage and trying to catch up, as with our other legal obligations. I can't work because of various health conditions, or I would, including a part time job at least. My husband started his own company with the tools of the trade, and now contracts for copier, computer, IT technical jobs as he has a computer science degree, and has years of experience in the others, especially the wide format copier / printers / computers.
People, please read the Fair Debt Collector Practices Act; if a Debt Collector violates any one harrassment or other law in there; Federal Laws says you can sue them for $1,000.00 per violation. Do it, and then THEY can pay off YOUR obligations!!!
Again I am not an Attorney - but have learned these by my own experiences. There are Attorneys you could talk to, and I would, if any violations of the laws have occured in your circumstances. I am posting this strictly to help others maybe have a piece of mind, if they are up all night worrying about financial problems, and sick to their stomach in worry as I have been, and still are in some ways. I am again just a well informed, knowledgable consumer, who has spent hours studying the laws, because I had no where else to turn for help. If anything I have written, causes you questions, please seek the advice of an Attorney.
Certain situations such as Mortgages and Car Payment loans usually do not apply here; so you may need to seek the advice of a Lawyer for your individual situation.
