http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
Thursday, November 15, 2007
Rights with Debt Collectors
dont allow yourself to become a victim.....
Many times our your first contact with a collection agency will be over the phone at home or work. How you handle these interactions will determine how a collection agency will contact you in the future and help restore your piece of mind.
1. Do not talk to them on the phone, unless you are adept with dealing with them. There is nothing that says you have to talk to them. It is your phone you can choose who to talk to. Be polite but firm and tell them it is an inconvenient time for you to talk and hang up. If they call you back immediately it is harassment.
2. They are not allowed to call you at work if you tell them not to. This does not have to be in writing. All you have to do is tell them you are not allowed to receive these types of calls at work and they must stop.
The Fair Debt Collection Practices Act to the Rescue
The Fair Debt Collection Practices Act (FDCPA) makes collection agency harassment illegal and them calling you after you tell them not to at home or work is harassment.
Here is what the FDCPA says about it:
§ 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
and
§ 805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
---------------------------------------------------
Who is to tell you when it is convenient to receive phone calls. It is never convenient to receive a call for a collection agency and you can tell them that. Simply say it inconvenient to talk on the phone. You will call them back when it is more convenient and hang up.
----------------------------------------------------
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
---------------------------------------------------
Receiving calls while you are working is both inconvenient and against the rules at most employers tell them you are not allowed to receive call at work and hang up.
One of the shadiest tricks that collection agencies will try to employ is to contact your neighbors, friends and family to get messages to you.
This is a violation of the FDCPA for them to contact anyone if they know how to reach you. It is also a violation of the FDCPA if they don't know how to get in contact with you if they tell the people they contact they are from a collection agency.
Watch this short video it will show you for the most part collection agencies do not wish to play by the rules. They know what it takes to get people unaware of their rights to pay up. See how they blantantly don't mind breaking the law.
Many times our your first contact with a collection agency will be over the phone at home or work. How you handle these interactions will determine how a collection agency will contact you in the future and help restore your piece of mind.
1. Do not talk to them on the phone, unless you are adept with dealing with them. There is nothing that says you have to talk to them. It is your phone you can choose who to talk to. Be polite but firm and tell them it is an inconvenient time for you to talk and hang up. If they call you back immediately it is harassment.
2. They are not allowed to call you at work if you tell them not to. This does not have to be in writing. All you have to do is tell them you are not allowed to receive these types of calls at work and they must stop.
The Fair Debt Collection Practices Act to the Rescue
The Fair Debt Collection Practices Act (FDCPA) makes collection agency harassment illegal and them calling you after you tell them not to at home or work is harassment.
Here is what the FDCPA says about it:
§ 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
and
§ 805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
---------------------------------------------------
Who is to tell you when it is convenient to receive phone calls. It is never convenient to receive a call for a collection agency and you can tell them that. Simply say it inconvenient to talk on the phone. You will call them back when it is more convenient and hang up.
----------------------------------------------------
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
---------------------------------------------------
Receiving calls while you are working is both inconvenient and against the rules at most employers tell them you are not allowed to receive call at work and hang up.
One of the shadiest tricks that collection agencies will try to employ is to contact your neighbors, friends and family to get messages to you.
This is a violation of the FDCPA for them to contact anyone if they know how to reach you. It is also a violation of the FDCPA if they don't know how to get in contact with you if they tell the people they contact they are from a collection agency.
Watch this short video it will show you for the most part collection agencies do not wish to play by the rules. They know what it takes to get people unaware of their rights to pay up. See how they blantantly don't mind breaking the law.
Debt Collection Abuse (FDCPA)
Debt Collection Abuse (FDCPA)
In spite of federal and state legislation, debt collectors continue to abuse consumers in order to unfairly pressure them into paying debts. These abuse tactics are often intended to scare or intimidate consumers, sometime with threats of violence or arrest. Other debt collectors will try to pile on illegal interest or fees to make the debt seem larger that it actually is. In some instances, these debts are time-barred, discharged in bankruptcy, or not owed for other reasons.
The Federal Fair Debt Collection Practice Act (FDCPA) bars all forms of unfair, abusive and deceptive collection practices. While the statute provides a laundry list of potential violations, this list is not exclusive. The statute also provides a general prohibition on any form of deception, abuse, or unfair treatment.
Here's a general rule of thumb you can use to interpret this: If your mother would be upset about you treating other people the way that you were treated by the debt collector, then the conduct probably violates the FDCPA.
What Are My Rights?
Federal and state laws give you rights against bill collector harassment. Collection agencies and debt collectors are required to provide you with a notice of your rights within 5 days of the first communication with you. Below are all listed in section 1692c of the FDCPA:
You have the absolute right to demand that a debt collector cease communication. You just have to write a letter setting forth your demand. If you notify the collector that you refuse to pay the debt, that notice also serves as a cease communications notice. In either event, the debt collector may no longer communicate with you except to notify you that he is exercising specific rights.
Debt collectors are prohibited from collecting debts that are not owed. You have the right to demand that the debt collector prove you owe the money. This process is known as "validation" of the debt. Debt collectors must notify you of this right, and if you request validation in writing within 30 days of receiving your notice of rights, the debt collector must either validate the debt to you or cease collection efforts.
What Should I Do?
You should gather and organize all the information you can about the debt, as well as the collection efforts of any past or current collectors who contacted you. The past correspondence provides important information about the kinds of charges and interest that have been added to the debt.
If you have copies of your credit reports, you will need those also. The credit reports also contain historic information about the debt, including the time it was incurred, when it was defaulted, and who may have collected it previously
If you have any notes about the debt or any taped conversations, threatening letters, or any communication whatsoever with the collector, these can be extremely valuable in reconstructing the collection efforts and any abuse. Whenever you are contacted by a collector, you should note the date, time, person you are speaking to and the content of the call including any abusive language or threats. If at all possible, you should keep these notes together in one central spot.
If you have any witnesses who can corroborate that you were abused, you should get a brief statement from that witness in their own words. These statements will help to refresh the witnesses' memories when you get to trial and provide information to your attorney.
In spite of federal and state legislation, debt collectors continue to abuse consumers in order to unfairly pressure them into paying debts. These abuse tactics are often intended to scare or intimidate consumers, sometime with threats of violence or arrest. Other debt collectors will try to pile on illegal interest or fees to make the debt seem larger that it actually is. In some instances, these debts are time-barred, discharged in bankruptcy, or not owed for other reasons.
The Federal Fair Debt Collection Practice Act (FDCPA) bars all forms of unfair, abusive and deceptive collection practices. While the statute provides a laundry list of potential violations, this list is not exclusive. The statute also provides a general prohibition on any form of deception, abuse, or unfair treatment.
Here's a general rule of thumb you can use to interpret this: If your mother would be upset about you treating other people the way that you were treated by the debt collector, then the conduct probably violates the FDCPA.
What Are My Rights?
Federal and state laws give you rights against bill collector harassment. Collection agencies and debt collectors are required to provide you with a notice of your rights within 5 days of the first communication with you. Below are all listed in section 1692c of the FDCPA:
You have the absolute right to demand that a debt collector cease communication. You just have to write a letter setting forth your demand. If you notify the collector that you refuse to pay the debt, that notice also serves as a cease communications notice. In either event, the debt collector may no longer communicate with you except to notify you that he is exercising specific rights.
Debt collectors are prohibited from collecting debts that are not owed. You have the right to demand that the debt collector prove you owe the money. This process is known as "validation" of the debt. Debt collectors must notify you of this right, and if you request validation in writing within 30 days of receiving your notice of rights, the debt collector must either validate the debt to you or cease collection efforts.
What Should I Do?
You should gather and organize all the information you can about the debt, as well as the collection efforts of any past or current collectors who contacted you. The past correspondence provides important information about the kinds of charges and interest that have been added to the debt.
If you have copies of your credit reports, you will need those also. The credit reports also contain historic information about the debt, including the time it was incurred, when it was defaulted, and who may have collected it previously
If you have any notes about the debt or any taped conversations, threatening letters, or any communication whatsoever with the collector, these can be extremely valuable in reconstructing the collection efforts and any abuse. Whenever you are contacted by a collector, you should note the date, time, person you are speaking to and the content of the call including any abusive language or threats. If at all possible, you should keep these notes together in one central spot.
If you have any witnesses who can corroborate that you were abused, you should get a brief statement from that witness in their own words. These statements will help to refresh the witnesses' memories when you get to trial and provide information to your attorney.
LAWS with Collections
The National Consumer Law League, (NCLC) and the National Association of Consumer Advocates, (NACA) assist attorneys across the country in pursuing agencies and collectors who violate the law and your rights. Collectors are learning that the phone name they use and the perceived anonymity of hiding behind a telephone can easily be overcome with today's modern technology and investigative techniques. Some collectors are learning first-hand that they too, can be charged with making threats over the phone and that their employers don't provide bail money or legal representation. Creditors are increasingly becoming less tolerant of agencies that allow abuse and will drop those that don't comply.
I urge you to complain about collector abuse by contacting the FTC, the American Collectors Association, the original creditor and your state bar association (against attorneys), or me if
you feel your rights are being violated. There is a nationwide group of professional consumer attorneys, skilled in debt collection laws that passionately defend the rights of consumers
against these illegal collectors. No consumer should ever suffer abuse from a debt collector.
The laws WILL protect you!
I urge you to complain about collector abuse by contacting the FTC, the American Collectors Association, the original creditor and your state bar association (against attorneys), or me if
you feel your rights are being violated. There is a nationwide group of professional consumer attorneys, skilled in debt collection laws that passionately defend the rights of consumers
against these illegal collectors. No consumer should ever suffer abuse from a debt collector.
The laws WILL protect you!
Resource Management International Inc., Lloyd Harvego ,
Lloyd & Sandra Harvego
Terry Harvego,
- Firehouse Restaurant, 1112 2nd Street, Sacramento, CA 95814.
-Harvego Enterprises LLC
-
-
916.852.2770
Harvego, Lloyd
Harvego Real Estate, LLC, dba
Bruin Ranch
Gold River CA 95670
(916) 852-2770
(916) 852-2778 Fax
lloyd@harvego.com
terry@neuheisel.com
Deborah Harvego:
Deborah joined Neuheisel Law Firm in 1999. She received her Bachelor’s degree from the University of California, Los Angeles, and her Juris Doctorate and Masters in Business Administration from Arizona State University. Prior to joining Neuheisel Law Firm, Deborah worked for two prominent international law firms in their Phoenix, Arizona offices, where she specialized in transactional law and real estate development. Deborah is licensed to practice law in both California and Arizona. She opened Neuheisel Law Firm’s Sacramento, California office in 2001 and now specializes in Collection Law.
http://neuheisel.com/atty.html
2233 Watt Ave, Suite 245*
Sacramento, CA 95825
Telephone:
Toll Free:
Fax:
email: (916) 486-4141
(866) 522-8868
(916) 486-4142
askca@neuheisel.com
*Mailing address is suite 245; Physical location is suite 360.
Philip Rhodes:
Newcomer Phil joined Neuheisel Law Firm in 2006. He has 15 years of collection and bankruptcy law experience. After graduating from Arizona State University with his Bachelor’s degree, he obtained his Juris Doctorate from the University of California, Davis. Phil worked for a major Sacramento law firm in their bankruptcy and commercial law group; and had his own successful practice in commercial collections, judgment enforcement, bankruptcy and bankruptcy litigation. Phil has given numerous seminars on collections, judgment enforcement and bankruptcy law. He is licensed to practice law in California.
Lloyd & Sandra Harvego
Terry Harvego,
- Firehouse Restaurant, 1112 2nd Street, Sacramento, CA 95814.
-Harvego Enterprises LLC
-
-
916.852.2770
Harvego, Lloyd
Harvego Real Estate, LLC, dba
Bruin Ranch
Gold River CA 95670
(916) 852-2770
(916) 852-2778 Fax
lloyd@harvego.com
terry@neuheisel.com
Deborah Harvego:
Deborah joined Neuheisel Law Firm in 1999. She received her Bachelor’s degree from the University of California, Los Angeles, and her Juris Doctorate and Masters in Business Administration from Arizona State University. Prior to joining Neuheisel Law Firm, Deborah worked for two prominent international law firms in their Phoenix, Arizona offices, where she specialized in transactional law and real estate development. Deborah is licensed to practice law in both California and Arizona. She opened Neuheisel Law Firm’s Sacramento, California office in 2001 and now specializes in Collection Law.
http://neuheisel.com/atty.html
2233 Watt Ave, Suite 245*
Sacramento, CA 95825
Telephone:
Toll Free:
Fax:
email: (916) 486-4141
(866) 522-8868
(916) 486-4142
askca@neuheisel.com
*Mailing address is suite 245; Physical location is suite 360.
Philip Rhodes:
Newcomer Phil joined Neuheisel Law Firm in 2006. He has 15 years of collection and bankruptcy law experience. After graduating from Arizona State University with his Bachelor’s degree, he obtained his Juris Doctorate from the University of California, Davis. Phil worked for a major Sacramento law firm in their bankruptcy and commercial law group; and had his own successful practice in commercial collections, judgment enforcement, bankruptcy and bankruptcy litigation. Phil has given numerous seminars on collections, judgment enforcement and bankruptcy law. He is licensed to practice law in California.
Deborah S. Harvego, CA
Bud Says...
Head Debt Collectors: Richard G. Neuheisel, AZ Katherine A. Neuheisel, AZ Deborah S. Harvego, CA
***** A CON-AMERICA DEBT COLLECTOR *****
Rookie Attorney Kathryn A. Neuheisel and daddy Attorney Richard Neuheisel are now on-board as a new 'Con-America' (CACH ) franchisee for the Tempe area.
Deborah S. Hervego is the (lawyer?) collecting lying and ripping off consumers in Sacramento, CA.with her incredible lack of FDCPA knowledge.This woman needs to go into another area of law because her apparent lack of FDCPA knowledge makes me wonder how she EVER got licensed.
They must not be real good at debt collection law because they recently lost a BIG case for violating collection laws that cost them nearly $100,000. Way to go on the training sessions Kathryn & Richard...bet you were sleeping through them.
Between the ego's of the Neuheisel and the ignorance of Harvego, consumers are warned that this 'train-wreck' is headed into obscurity. Like all 'Con-America' lawsuits that are filed, they usually manufacture documents in-house to validate their claims. They hope you will not show up in court, so they can get a default judgment. The truth is, most of these frivolous lawsuits can easily be won by consumers. I always recommend that you utilize the professionals at: www.naca.net who are no match for these poorly trained and egotistical neophytes.
Typical of what untrained lawyers, who are desperate for a paycheck can do, by allowing their collection goons to lie, intimidate and threaten honest, hard-working consumers for money that they may not even owe.
Neuheisel is yet another example of wasted law licenses and how low organizations must stoop to find lawyers that can collect debts. Stay far away from them UNLESS you have the ability to legally tape their phone conversations. Then, you may want to have them call you and break the law. Who knows, you could be their next lawsuit in a federal court and receive an even bigger award than they just lost. (and you thought that lawyers were smart)
Head Debt Collectors: Richard G. Neuheisel, AZ Katherine A. Neuheisel, AZ Deborah S. Harvego, CA
***** A CON-AMERICA DEBT COLLECTOR *****
Rookie Attorney Kathryn A. Neuheisel and daddy Attorney Richard Neuheisel are now on-board as a new 'Con-America' (CACH ) franchisee for the Tempe area.
Deborah S. Hervego is the (lawyer?) collecting lying and ripping off consumers in Sacramento, CA.with her incredible lack of FDCPA knowledge.This woman needs to go into another area of law because her apparent lack of FDCPA knowledge makes me wonder how she EVER got licensed.
They must not be real good at debt collection law because they recently lost a BIG case for violating collection laws that cost them nearly $100,000. Way to go on the training sessions Kathryn & Richard...bet you were sleeping through them.
Between the ego's of the Neuheisel and the ignorance of Harvego, consumers are warned that this 'train-wreck' is headed into obscurity. Like all 'Con-America' lawsuits that are filed, they usually manufacture documents in-house to validate their claims. They hope you will not show up in court, so they can get a default judgment. The truth is, most of these frivolous lawsuits can easily be won by consumers. I always recommend that you utilize the professionals at: www.naca.net who are no match for these poorly trained and egotistical neophytes.
Typical of what untrained lawyers, who are desperate for a paycheck can do, by allowing their collection goons to lie, intimidate and threaten honest, hard-working consumers for money that they may not even owe.
Neuheisel is yet another example of wasted law licenses and how low organizations must stoop to find lawyers that can collect debts. Stay far away from them UNLESS you have the ability to legally tape their phone conversations. Then, you may want to have them call you and break the law. Who knows, you could be their next lawsuit in a federal court and receive an even bigger award than they just lost. (and you thought that lawyers were smart)
Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA
Deborah Sue Harvego,
Deborah sister in-law-
deborah.neuheisel@uwc.edu V: (715) 234-8176 ext. 5445
http://www.budhibbs.com/debtcollectorpages/neuheisel_law_firm_bud.htm
Richard Gerald Neuheisel, Jr., was born on Feb. 7, 1961, in Madison, Wis., where he made his debut as a head coach when CU beat Wisconsin 43-7. He is married to the former Susan Wilkinson, and they have three children, Jerry (6), Jack (3) and Joe (1).
Neuheisel's father, Dick, was one of the original Tempe Diablos, a group which helped the Fiesta Bowl get off the ground, and is president of Sister Cities International, a worldwide good will organization. Rick in one of Dick and Jane's four children; he has three sisters, Nancy, Katie and Deborah. Neuheisel is also an accomplished guitar player, a fairly decent singer (he is a huge country music fan but likes most kinds of music), and his hobbies include skiing, golf and basketball.
Deborah sister in-law-
deborah.neuheisel@uwc.edu V: (715) 234-8176 ext. 5445
http://www.budhibbs.com/debtcollectorpages/neuheisel_law_firm_bud.htm
Richard Gerald Neuheisel, Jr., was born on Feb. 7, 1961, in Madison, Wis., where he made his debut as a head coach when CU beat Wisconsin 43-7. He is married to the former Susan Wilkinson, and they have three children, Jerry (6), Jack (3) and Joe (1).
Neuheisel's father, Dick, was one of the original Tempe Diablos, a group which helped the Fiesta Bowl get off the ground, and is president of Sister Cities International, a worldwide good will organization. Rick in one of Dick and Jane's four children; he has three sisters, Nancy, Katie and Deborah. Neuheisel is also an accomplished guitar player, a fairly decent singer (he is a huge country music fan but likes most kinds of music), and his hobbies include skiing, golf and basketball.
how to answer a summons
Ginger,
There should be advice on the summons that you have 20 days to respond, do not avoid this or they will win by default. You need to either contact a lawyer or do it yourself.
You can answer the summons by typing up a front page just as they have, only reverse the information putting you first as the defendant of course. Then on a second page. number and answer to each allegation. For example.
on theirs:
1. XXXXX is an adult that lives at 1234 dillyduck lane, wayward NJ
Your response would be:
1. Yes, XXXX is an adult who lives at yada, yada, yada
The lawyer I consulted told me that only to confirm or deny each number.
their statement:
6. XXXX owes plaintiff X amount of money, with 6% interest, yada yada
my response
6. Denied
(reason, I did not ever enter into a contract with the collection agency, they are not the original lender)
I then filed it with the prothanotary office that the case has been filed in. Make sure you put your signature block, just like they did. You are more or less, reversing the document on them and filing your answer. You must do it with in 20 days or loose by default. Most people blow it off and lose that way and they get a default judgement.
I am waiting on a response from them now. This suing started back in December and I have yet to get a court date, I have all my ammo and am ready to go, wish they would hurry up already, getting bored with the whole mess.
_________________
Working my way out of this debt, one day at a time!
There should be advice on the summons that you have 20 days to respond, do not avoid this or they will win by default. You need to either contact a lawyer or do it yourself.
You can answer the summons by typing up a front page just as they have, only reverse the information putting you first as the defendant of course. Then on a second page. number and answer to each allegation. For example.
on theirs:
1. XXXXX is an adult that lives at 1234 dillyduck lane, wayward NJ
Your response would be:
1. Yes, XXXX is an adult who lives at yada, yada, yada
The lawyer I consulted told me that only to confirm or deny each number.
their statement:
6. XXXX owes plaintiff X amount of money, with 6% interest, yada yada
my response
6. Denied
(reason, I did not ever enter into a contract with the collection agency, they are not the original lender)
I then filed it with the prothanotary office that the case has been filed in. Make sure you put your signature block, just like they did. You are more or less, reversing the document on them and filing your answer. You must do it with in 20 days or loose by default. Most people blow it off and lose that way and they get a default judgement.
I am waiting on a response from them now. This suing started back in December and I have yet to get a court date, I have all my ammo and am ready to go, wish they would hurry up already, getting bored with the whole mess.
_________________
Working my way out of this debt, one day at a time!
How to Answer a Lawsuit for Debt Collection
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