
If you believe you are a victim of unfair or illegal debt collection tactics, submit your information to a FREE* Fair Debt Lawyer by:
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Name of Company: Telephone Number: Company Fax Number: |
Company Address: |
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Type of Account: |
Account Number: |
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Payment Due Date: |
Regular Payment Amount: |
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Amount Past Due: |
Reduced Payment Amount: |
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Record Calls Here: Date:________________ Time: _________ Person I Spoke With:_____________________________________ Main Points of Conversation:
__________________________________________________________________________ Follow Up Date: ________________ |
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Always follow up your phone call with a letter confirming the terms of any agreement between you and your creditor.
Creditor Debt Collection
Creditors often
circumvent the FDCPA by establishing their own in-house collections department.
People working in these internal collection departments are considered
employees of the creditor and, because they are collecting on behalf of the
creditor, are exempt from the FDCPA. Many creditors use this loophole
and allow (even encourage) their employees to use collection tactics that are
otherwise prohibited by the FDCPA.
These internal collectors call you at all hours of the day and night, call your neighbors and even your boss! These employees literally do anything to collect the debt. Some creditors even offer huge bonuses and incentives to the employee who collects the most on a monthly basis. Creditors collecting their own debts are not considered "debt collectors" and are therefore, exempt from the Fair Debt Collection Practices Act (FDCPA).
Your only hope for protection is that your state has a state "creditor collection law!" Not all states have creditor collection laws and many only offer weak and ineffective protection. There are a few states that have very specific laws, but most simply adopted the FDCPA as their state collection statute.
The good news is that just because creditors are exempt from the FDCPA that does mean they can get away with harassing you. They must still obey several other consumer protection laws such as the Uniform Commercial Code, other federal credit laws and state banking regulations. Use these free instructions for dealing with creditors
If you've fallen behind on your bills, especially credit cards,
don't panic. You may have several good options available to you. Your success
starts by assessing your current situation and finding a trusted service
provider that is licensed in your state.
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