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Suing Abusive Debt Collectors

Suing Abusive Debt Collectors
Author: Allen Harkleroad
Publisher: GMP Services, Incorporated
Total Pages: 278
Release: 2011-06-27
Genre:
ISBN: 9780978999773

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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.


Stick It to Sue Happy Debt Collectors

Stick It to Sue Happy Debt Collectors
Author: Allen Harkleroad
Publisher:
Total Pages: 206
Release: 2009-12
Genre: Debtor and creditor
ISBN: 9780978999728

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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.


Collection Agency Harassment

Collection Agency Harassment
Author: Richard L. DiMaggio
Publisher: CONSUMER PR(NY)
Total Pages: 0
Release: 2002
Genre: Collection agencies
ISBN: 9780971711907

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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.


How To Defeat Any Debt Collector & Repair Your Own Credit Report

How To Defeat Any Debt Collector & Repair Your Own Credit Report
Author: Marshall S. Schoeder
Publisher:
Total Pages: 220
Release: 2016-12-09
Genre: Business & Economics
ISBN: 9780998461700

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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!


United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:

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"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.


Surviving Debt

Surviving Debt
Author:
Publisher:
Total Pages: 0
Release: 2024
Genre: Consumer credit
ISBN: 9781602482104

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Fight Back Against Unfair Debt Collection Practices

Fight Back Against Unfair Debt Collection Practices
Author: Fred Williams
Publisher: FT Press
Total Pages: 216
Release: 2010-07-06
Genre: Business & Economics
ISBN: 013212212X

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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!


Repairing a Broken System

Repairing a Broken System
Author: Jon Leibowitz
Publisher: DIANE Publishing
Total Pages: 106
Release: 2010-11
Genre:
ISBN: 1437936350

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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.


Fair Debt Collection Practices Act

Fair Debt Collection Practices Act
Author: Landmark Publications
Publisher:
Total Pages: 540
Release: 2021-01-11
Genre:
ISBN:

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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)