Download or read book Suing Abusive Debt Collectors written by Allen Harkleroad and published by GMP Services, Incorporated. This book was released on 2011-06-27 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written with consumers in mind, primarily for those who have been harassed, or abused, by unscrupulous debt collectors. Much of the information included are from the authors own real-life experiences. The author will show you how to identify illegal collection tactics, how to prepare evidence and how to file a lawsuit against a debt collector. The contents of this book are not for exacting revenge on legitimate debt collection companies, it is for exacting justice for consumers that have been abused by debt collectors. If you are reading this book then you are probably at wits end and have been on the receiving end of bad debt collection tactics. It is time to turn the tables on illegal debt collections and hit them where it hurts, in the wallet. The big secret in the debt collection industry is that in upwards of ninety-eight percent of legitimate consumer filed Fair Debt Collection Practices Act (FDCPA) lawsuits the collection company will settle before their case ever makes it to a courtroom. Many times an offer of settlement is made as soon as the collection company files an answer to your complaint. This is the collection industry "Achilles Heel." An easy to understand step-by-step guide with real world examples and with of tips and tricks on stopping debt collectors and profiting from their abuse. The book covers fair debt collection practices act (FDCPA), fair credit reporting act (FCRA), and telephone consumer protection act (TCPA) violations that debt collectors frequently use to abuse consumers.

Download or read book Stick It to Sue Happy Debt Collectors written by Allen Harkleroad and published by . This book was released on 2009-12 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: I look at being sued by a debt collector like this: If you are going to sue me, you better have the proof and documentation to validate it. I will fight and tooth and nail if the attorney or law firm can't or won't show proper proof. It doesn't matter if I owe the debt or not. I am not an “easy money target†and after you read my book neither will you.

Download or read book Collection Agency Harassment written by Richard L. DiMaggio and published by CONSUMER PR(NY). This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Teaches consumers and their lawyers how to fight the debt collector! Author is a consumer protection attorney who has been suing the debt collector for over a decade. Learn their secrets. Learn their tricks. Learn how to sue them. Complete with sample complaints and End Notes.

Download or read book How To Defeat Any Debt Collector Repair Your Own Credit Report written by Marshall S. Schoeder and published by . This book was released on 2016-12-09 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was written with a single goal in mind, that of providing you the reader with a tested and proven system, complete with templates and examples, that allows you to literally turn the tables on debt collectors. This book will teach you how to stop the harassment, remove inaccurate and or derogatory information from your credit report, and, if you are so inclined, sue the debt collector for his violation(s) of the law; all without the need of a lawyer. In all of my cases I have never once used a lawyer. Once you finish reading the book you will immediately be able to confront and effectively deal with any debt collector with confidence. You will be able to instantly recognize if a debt collector is employing abusive or fraudulent practices and know how to properly respond. Whether you're new to the subject of debt collections or a seasoned veteran you will find new information in this book that will convince you that not only are you not obligated to pay most alleged debts, but that those attempting to collect them from you are very often unable to prove that you owe them anything when properly challenged. This may seem like a fantastic claim, but it is true nonetheless and has been proven time and time again. You will learn how the laws are designed to protect you (the consumer) and how to successfully implement them to your advantage. I want to also mention here that I am not a lawyer and I do not give legal advice. What I do provide you with is educational material on a tried and proven method that actually works, and that debt collectors absolutely DO NOT want you to acquire and implement! What you will find within the covers of this book is the knowledge and proven procedures of how to beat Debt Collectors (and their lawyers) which I have developed through personal experience over the course of many years. I have sued and won in the Federal Court system, successfully defended in many state court actions, and have also won without the need to litigate, through the use of Settlement & Release of Liability Agreements; the application of which is discussed at length in the book. A template of the Settlement & Release of Liability Agreement is included in the book. The bottom line here for this author is to get you, the reader, up to speed and properly equipped so that within a few short days of receiving this book you can actively and successfully engage, with confidence, any debt collector attempting to collect an alleged debt from you. Suffer and fear no longer and use the knowledge provided in this powerful book to defeat your debt collector!

Download or read book The Poor Man s Class Action Lawsuit to Use Against Your Creditors and the Credit Bureaus written by and published by Techartist Publishing. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fight Back Against Unfair Debt Collection Practices written by Fred Williams and published by FT Press. This book was released on 2010-07-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This year, America’s enormous, poorly regulated debt collection industry will make more than 1,000,000,000 collection calls. They will threaten. They will lie and mislead. They will intimidate. Over the past five years, they’ve racked up more than 300,000 complaints to the Federal Trade Commission: more than any other industry regulated by the FTC. Financial reporter Fred Williams knows more about the industry than anyone else. Not only has investigated America’s debt collection agencies, he spent three months working for one of the largest firms in the business. In Fight Back Against Unfair Debt Collection Practices Williams reveals what he learned and shows you exactly how to fight back and protect your rights. Williams weaves indispensable practical advice together with stories straight from his collection agency cubicle. You’ll learn what to do first if a collector calls; what collectors can and can’t do; which debts you are and aren’t responsible for; how collectors choose accounts to focus on; how to stop harassing or abusive calls; how to keep the advantage in a negotiation for a lucrative debt settlement; even how to take the offensive with a lawsuit that can halt collection and win yourself a $1,000 penalty!

Download or read book Fair Debt Collection Practices Act written by Landmark Publications and published by . This book was released on 2021-01-11 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and apply provisions of the Fair Debt Collection Practices Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals.* * * The statutory purposes of the FDCPA are to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). "The legislative history of the passage of the FDCPA explains that the need for the FDCPA arose" because of a number of different "collection abuses," such as the use of "'obscene or profane language, threats of violence, telephone calls at unreasonable hours, [and] misrepresentation of a consumer's legal rights.'" Kropelnicki v. Siegel, 290 F.3d 118, 127 (2d Cir. 2002) (quoting S. Rep. No. 95-382, at 2 (1977), reprinted in 1977 U.S.C.C.A.N. 1695, 1696). The legislative history of the FDCPA is clear that the statute also was intended to "eliminate the recurring problem of debt collectors dunning the wrong person." S. Rep. No. 95-382, at 4, reprinted in 1977 U.S.C.C.A.N. at 1699. The report of the House of Representatives explained: This bill also protects people who do not owe money at all. In the collector's zeal, collection efforts are often aimed at the wrong person either because of mistaken identity or mistaken facts. This bill will make collectors behave responsibly towards people with whom they deal.... Certainly a person who has a common name and is being hounded by a debt collector because of the debts of another person deserves the protection this legislation will offer. In far too many cases debt collectors do not even bother to double check common names before beginning collection efforts.H.R. Rep. 95-131 at 8 (1977). Wagner v. Chiari & Ilecki, LLP, 973 F. 3d 154 (2nd Cir. 2020)

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book Fair Debt Collection Practices Act written by Landmark Publications and published by Independently Published. This book was released on 2021-01-15 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and apply provisions of the Fair Debt Collection Practices Act. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * Congress enacted the FDCPA in 1977 "to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). The FDCPA prohibits debt collectors from collecting "any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law." Id. § 1692f(1). Debt collectors are strictly liable for FDCPA violations, Donohue v. Quick Collect, Inc., 592 F.3d 1027, 1030 (9th Cir. 2010), and a debt collector who violates the FDCPA is liable for actual damages, attorney's fees and costs, and additional damages not to exceed $1,000 per violation. 15 U.S.C. § 1692k. The FDCPA is "broadly remedial," and should be liberally construed in favor of consumers. McAdory v. M.N.S. & Assocs., LLC, 952 F.3d 1089, 1092 (9th Cir. 2020). * * * To avoid liability, debt collectors may raise the limited affirmative defense that their conduct was "not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error." 15 U.S.C. § 1692k(c). The burden is on the debt collector to prove this defense by a preponderance of the evidence. Id.; McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 948 (9th Cir. 2011). * * * The bona fide error defense requires a showing that the debt collector: (1) violated the FDCPA unintentionally; (2) the violation resulted from a bona fide error; and (3) the debt collector maintained procedures reasonably adapted to avoid the violation. Id. Urbina v. National Business Factors Inc., (9th Cir. 2020).

Download or read book Surviving Debt written by and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fair Debt Collection Practices ACT written by Landmark Publications and published by . This book was released on 2018-08-20 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Debt Collection Practices Act. * * * Congress enacted the FDCPA to curb "abusive, deceptive, and unfair debt collection practices." 15 U.S.C. § 1692(a). Among other things, the Act seeks "to eliminate abusive debt collection practices by debt collectors [and] to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." Id. § 1692(e). To effectuate these purposes, Congress proscribed the use of "any false, deceptive, or misleading representation or means in connection with the collection of any debt" and provided a list of sixteen examples of such prohibited conduct. Id. § 1692e. These include making "false representation[s]" about "the character, amount, or legal status of any debt," id. § 1692e(2)(A), and "threat[ening] to take any action that cannot legally be taken or that is not intended to be taken," id. § 1692e(5). As we have noted, "[b]ecause the list of the sixteen subsections is non-exhaustive, a debt collection practice can be a 'false, deceptive, or misleading' practice in violation of section 1692e even if it does not fall within any of the subsections." Lesher v. Law Offices of Mitchell N. Kay, PC, 650 F.3d 993, 997 (3d Cir. 2011). Tatis v. Allied Interstate, LLC, 882 F. 3d 422 (3rd Cir. 2018).

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Defanging Debt Collectors written by Sergei Lemberg and published by . This book was released on 2018-02-27 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ready to stop the abuse? Stop debt collectors in their tracks.Threats, intimidation, harsh language, constant phone calls, and other forms of harassment are trademarks of the debt collection industry. For anyone suffering abuse from debt collectors, or struggling with debt and wondering about options, this book will stop the madness.Get an insider's view on the debt industry, avoid financial scams, and recognize debt collectors' di y tricks. Learn step-by-step how to formulate a plan and take advantage of all the legal protections available to you without spending a dime.

Download or read book Repairing a Broken System written by Jon Leibowitz and published by DIANE Publishing. This book was released on 2010-11 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditors and collectors seek to recover consumer debts through the use of litigation and arbitration. But, neither litigation nor arbitration currently provides adequate protection for consumers. The system for resolving disputes about consumer debts is broken. To fix the system, federal and state governments, the debt collection industry, and other stakeholders should make a variety of significant reforms in litigation and arbitration so that the system is both efficient and fair. Contents of this report: Introduction; Litigation and Arbitration Proceedings; Conclusion. Appendices: Debt Collection Roundtable (DCR) Panelists; Contributors to DCR; Agendas for DCR; DCR Public Comments; Sample State Debt Collection Checklists. Illustrations.

Download or read book King s Legal Guide to Abusive Debt Collection Practices written by Morgan D. King and published by . This book was released on 2017 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book When They Call written by Ken Hubbs and published by Lulu.com. This book was released on 2010-08-16 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: A realist and no-nonsense professional, Ken Hubbs has dedicated his life to helping others through a myriad of life crises of almost every imaginable variety. Ken brings to bear his significant life experience, commitment to excellence, and undaunted integrity, along with a scholar's touch, to provide what may prove to be the most accessible and practical work to date for helping people deal with unfair debt collection practices. Includes the full text of the Fair Debt Collection Practices Act (1977).

Download or read book Credit Repair Kit For Dummies written by Steve Bucci and published by John Wiley & Sons. This book was released on 2008-07-28 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, you can finally end the cycle of bad credit and get back on your feet by following the step-by-step advice and tools in Credit Repair Kit For Dummies, 2nd Edition. You’ll find out everything you need to know about creating a solid plan to get your credit back on track. You’ll discover how to find your credit report, review all of the information in it, and learn how you can repair and spruce it up. You’ll learn how to communicate with creditors and how to budget so that you can pay your bills in full and on time. You’ll learn how to apply these credit strategies to all life situations, from building credit with your life partner to financially surviving a divorce, unemployment, and student loans. You will find out how to safe-guard your identity so that other people don’t damage your credit. Find out how to: Take charge of your credit Get help from credit counselors Request copies of your credit report Know how to interpret your credit report and credit score Avoid foreclosure Communicate with collectors, lawyers, and the courts Manage medical debt Safe-guard your identity Complete with lists of ten tips to avoid identity theft and reduce damages, ten ways you can prevent foreclosure, ten methods for establishing and improving credit, and ten strategies for handling financial emergencies, Credit Repair Kit For Dummies, 2nd Edition is your one-stop guide to improving and maintaining your credit score and protecting your identity. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.