Your rights as a Debtor per FFDCPA

Discussion in 'Credit Talk' started by Goddess, Aug 5, 2003.

  1. Goddess

    Goddess Member

    *Some of you are seriously lost on your rights. This is what I do for a living. And this information is posted on my website. I am NOT giving out my website. I am too busy to have people hitting me up for free advice. If you want itâ?¦look for my postings. The next posting will be HOW to file an FTC complaint and to get the 3rd party debt collectors in a "rock and a hard spot" for violating your rights. I also recommend that you ALWAYS try to make your creditors (NOT PURCHASED DEBT) settle with you for around 20% to 30% of what you owe and get it over with or file BK and work on your own credit. Life is too short to be harassed by debt collectors and/or sending off mountains of paper.

    DISCLAIMER [Legal Stuff]: This information is provided for general information purposes only and is not intended to be a legal opinion nor legal advice nor is it intended to be a complete discussion of all the issues related to the area of the Fair Debt Collection Practices Act or consumer bankruptcy. Each individual's factual situation is different and you should seek specific legal advice regarding your rights.

    The FAIR DEBT COLLECTION PRACTICES ACT, (15 USC §1692, et. seq.) which became law in 1977, protects consumers from the unfair collection practices of third-party bill collectors. The FDCPA applies only to debt collectors attempting to collect consumer debts -- debts that were incurred for personal, family or household purposes. Business or agricultural debts are not covered by the FDCPA and, even if the debt is a consumer debt, the entity which actually extended the credit is not covered by the FDCPA. For example:

    Bill collectors MAY NOT call you or visit with you at inconvenient times or places. That means, generally, before 8:00 a.m. or after 9:00 p.m. or on your job, if you have asked not to be contacted there.

    Bill collectors MAY NOT discuss your credit problems with your family members or friends. They may, however, call your family and friends to try to locate you.

    If the bill collector knows you have a lawyer or a form or representation, he must contact the lawyer or company and he MAY NOT continue to contact you.
    Bill collectors MUST STOP contacting you if you tell them to in writing.

    Bill collectors are FORBIDDEN from using harassing or abusive tactics, such as:
    ·using obscene language;
    ·making false statements about who they are;
    ·using threats to make your name public as a "deadbeat;â?
    ·repeatedly use the telephone to harass or annoy you;
    ·threatening to use force against you or harm you;
    ·sending documents to you which look like court documents;
    ·threatening to send the sheriff out to lock you up;
    ·threatening to garnish your wages "tomorrow.â?

    Bill collectors MAY NOT make false statements to you which:
    ·imply the he/she is an attorney or government representative;
    ·imply that you have committed a crime;
    ·represent that they operate or work for a credit bureau;
    ·misrepresent the amount you owe;
    ·misrepresent the involvement of an attorney;
    ·misrepresent the legal impact of papers being sent to you.

    Bill collectors MAY NOT:
    §collect any money greater than your debt;
    §deposit a post-dated check prematurely;
    §make you accept a collect call or pay for a telegram;
    §take or threaten to take your property without legal process;
    §contact you by postcard.

    Bill collectors MAY NOT give false information about you to anyone, including credit bureaus or credit reporting agencies.

    Within FIVE DAYS of contacting you, a bill collector must send a written notice to you that includes information about your debt, the creditor involved and the fact that you have 30 days to dispute the debt. If you dispute the debt in writing, the bill collector has 30 days to provide written proof of the debt or collection efforts must STOP.
    If a bill collector violates the law, you have the right to sue the collector in state or federal court within one year from the date you believe the law was violated. If you win, you may recover an award of (1) actual damages, (2) statutory damages of up to $1,000 to the individual consumer, and (3) in a class action statutory damages of up to $500,000 or 1% of the debt collectorâ??s net worth whichever is less. Statutory damages are a penalty against the debt collector payable to the consumer for violation of his or her FDCPA rights. The consumer need not have actual damages in order to recover statutory damages. The successful consumer is also entitled to an award of costs and reasonable attorneys fees.
  2. jlynn

    jlynn Well-Known Member

    You mean the other ONE?

    Well now, that's just wrong

    That's misleading. Small claims works wonders. Its a court of competent jurisdiction.

    I seriously have to wonder about someone that sets up a website, but doesn't want to give it out.

    And I especially SERIOUSLY DOUBT the knowledge of someone that refers to the FFDCPA. No - its not a typo, the same error was made in your other ONE post.
  3. onyx79

    onyx79 Member

  4. Goddess

    Goddess Member

    F - FAIR
    D - DEBT
    A - ACT

    If you decided to sue your debt collectors you should attempt to move it to Federal Court instead of State Court. Federal Judges are more of an advocate instead of a standard Judge. Be prepared to wait and its not a large sum of money unless you are awarded punitive damages OR the 3rd party's paying creditor is already in trouble for violations.

    Creditors and Debt Collection Companies loose Millions of Dollars EVERY year in fines and awards for violating your rights as a consumer.

    BNA Dailey keeps a listing of recent awards. There is a member ship fee involved however there is a 2 free week trial. You might be able to comb thru the archives and print off enough case law to help you out within that time period.
  5. Goddess

    Goddess Member

    To review the section on disputing a portion of the debts and the debt collection to cease until it is verified go to.

    TITLE 15 > CHAPTER 41 > SUBCHAPTER V > Sec. 1692g. - Validation of Debts

    (b) Disputed debts

    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
  6. jlynn

    jlynn Well-Known Member

    Re: Re: Your rights as a Debtor per FFDCPA

    I'm sure many of us would like to see your website. I'm pretty sure we won't be seeking "free" advice from you, as you haven't told us anything we don't already know here. In your first post on this thread you said:

    Now, since your'e allegedly in the biz, and this is what you do for a living, please show me in the FDCPA where the above is stated. (I'll give you a hint - you won't find it, see your previous post).
  7. dharma bum

    dharma bum Member

    While I admire your intent, your post is a bit troubling:

    1- There is plenty of Legitimate information already posted on this (and other) sites, including transcriptions of the FDCPA, FCRA, and links to the FTC for filing complaints.

    2 - You do What for a living? "This is what I do for a living" implies that you post on consumer credit boards and ramble on with diluted information and questionable, unsolicited advice. Folks that are new to working with their credit reports have enough confusion to go around.

    3 - There is no blanket process that works for every consumer's situation every time. If a consumer is starting the process of rebuilding credit ratings, dealing with harassing debt collectors, and understanding how the "system" works, one of the most important things is for that consumer to do some studying and actually Learn. Trying to remember a "drive-by posting" about vague allusions to consumer protection law will not help consumers help themselves.

    Thanks for taking time out of your busy schedule to try to help, but it might be better to put more thought into what you want to say before you post again. Namaste !
  8. julesh

    julesh Well-Known Member

    I am laughing so hard!! This thread could be REALLY entertaining! ROFL!!
  9. Goddess

    Goddess Member

    *Thank you for your comments and writing it like a normal logical decent human being. Not impressed with some people on here.
  10. jlynn

    jlynn Well-Known Member

    Re: Re: Your rights as a Debtor per FFDCPA

    I'm crushed. But you still didn't answer my question?
  11. Goddess

    Goddess Member

    Re: Re: Your rights as a Debtor per FFDCPA

    ***11/02 TU 530>615
    EQ 510>617
    EX 504>622***

    WOW! With these credit scores you must be a CREDIT GURU!! HAHA....Sorry but numbers speak for themselves.

    *** you favorite quote....Remember that a lone amateur built the Ark. A large group of professionals built the Titanic. ***

    Before you quote the bible God gave Noah guidance on the Ark. Last I checked God was no amateur.
  12. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Your rights as a Debtor per FFDCPA


    You can continue to make cheap shots at Jlynn if you like, the FACT remains that you are misrepresenting and providing inaccurate information and haven't answered any questions clarifying your misunderstanding.

    I think you should spend some time reading and searching so whatever it is you do for a living with regards to credit may become profitable for you.

  13. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Your rights as a Debtor per FFDCPA

    So does your misinformation.

    Thanks for the support Sassy.
  14. Goddess

    Goddess Member

    Re: Re: Your rights as a Debtor per FFDCPA

    I gave the case law on the 30 day letter notice and the link to the website to read it as well, if what I put was too "legal" to understand.

    Itâ??s not my fault this person cannot read or bother to comprehend what is written. But since you had to e-mail this you are in the same situation or not bother to read what I responded with.

    As for cheap shots, I ignored the first few nasty comments and send back responses with what the person requested and when I finally e-mail something ugly back itâ??s a â??cheap shotâ?.

    Amazing logic.

    SLOYAROLE Well-Known Member

    When I first read this statement, I thought I was in for some "ground-breaking" far, you're either wrong or passing on info we already know...

    Oh, what's with the top-secret website you've got going...?

    I think you're a troll...
  16. ms6073

    ms6073 Well-Known Member

    Re: Re: Re: Your rights as a Debtor per FFDCPA

    I for one am always happy to welcome a new member to the ranks of creditnet. Unfortunately there does seem to be some controversy with regard to the language you used in this thread. Now jlynn may not have been very tactful in her approach/reply but she does have a valid point with regard to debt validation.

    Now I for one do not want to get into an argument over the language of a federal statute as I am sure that Butch or someone who is better versed in such matters will soon chime in on the subject. Until then, I will mention that you previously offered a link to the title and verse of USC 15, CHAPTER 41, SUBCHAPTER V, Sec. 1692g. with regard to the dispute and validation of debts. Unless you are referring to some specific bit of case law that was not linked in one of your previous posts, the statute that you have referenced in no way implies/imports a time limitation on the collection entity for validating a disputed debt. It does however succinctly outline a specified timeframe in which the debtor can dispute the validity of a debt in writing after which, should the debtor exercise this right, the collection agency has no recourse but to cease collection efforts until such time as it can provide furhter proof that a consumer is indeed obligated to pay a disputed debt.

  17. LKH

    LKH Well-Known Member

    Re: Re: Re: Your rights as a Debtor per FFDCPA

    How long have you done this for a living? I can't imagine it's been more than a day or two.

    You said, and I quote:

    "Within FIVE DAYS of contacting you, a bill collector must send a written notice to you that includes information about your debt, the creditor involved and the fact that you have 30 days to dispute the debt. If you dispute the debt in writing, the bill collector has 30 days to provide written proof of the debt or collection efforts must STOP."

    I have a couple questions on this if you would be kind enough to answer.

    Can you show us where it says a bill collector must respond within 30 days if a consumer disputes it to the collector?

    And can you clarify this please? Are you saying if the collector doesn't provide written proof within 30 days then the collection efforts must stop. Or, does it have to stop when they get the dispute?
  18. LKH

    LKH Well-Known Member

    Re: Re: Re: Your rights as a Debtor per FFDCPA

    Can you answer the above questions?
  19. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Your rights as a Debtor per FFDCPA

  20. jlynn

    jlynn Well-Known Member

    MS - Maybe I was less than tactful. I usually show some patience, but when someone's second post begins with "Some of you are seriously lost on your rights", I find that insulting to everyone on this board - and then to proceed to give out misinformation, and when called upon about it by myself, Sassy, and LKH, they start with cheap shots, that pretty much says my first response was correct - shut them down.

    Sassy - I can answer the mysterious email question - I was the recipient. Now how anyone else was to know the content of it, I don't know. But for grins, I will share it now, and respond for all:
    From Goddess:

    I have only made two post...well 3 to explain to you what FFDCPA means.

    Posted these items to give regular consumers some information and FTC links so they will have some document items to back them up in a lawsuit against debt collectors.

    Don't post my website for my compnay. I don't want a lot people contacting me. I don't see your work number or personal info listed either? Would you be
    willing to post YOUR office number online for me to see?
    Let's see, you have a website, you do this for a living, and you don't want anybody contacting you?

    No, I'm not going to post my personal information on the internet...but then again I don't claim to do any of this for a living. I do leave an email on if anyone wants to talk about something privately. But I don't claim to be a credit guru, and everyone here should take any and all information I share with that in mind. What I have learned, I have learned here from people before me that shared what they learned, and from studying on my own.

    However, if you like, I will provide you with a link that will answer Sassy's, LKH's, and my question. Because I am 100% positive of the answer :)

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