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Posts Tagged ‘collection attorney’

Your credit score, and your criminal record. Both depend on your past actions, both can make you or break you, and both follow you around for a really long time. But, only you, and maybe your lawyer, know your criminal record. Your credit score is a whole other story. It can be pulled when you apply for a new credit card, go for that new job, try to get a new car, or even try to move in to a new place.

Exactly who is trying to get me to pay up? The Fair Debt Collection Practices Act was written in the 1970s and provided many protections for consumers. There are strict rules and regulations that a collector has to abide by, and if any of these regulations are violated, there is a good chance that you could sue that agency. But what about that friend of yours who owes you five bucks? Do you have to grant them thirty days to refute the claim? Obviously, you do not.

From 1999 to 2009, premium costs for family insurance have risen by one hundred and thirty one percent. That’s easily over three times the rate at which working wages rose during this time. In this period of economic hardship, millions of jobs have been lost, putting workers who have just lost their jobs at risk of living without health insurance also. For those who remain employed, employers are pushing more of the costs of health insurance onto their employees as they struggle with economic uncertainty. Then there are blue collar and retail workers, waitresses and the like who are paid less, work harder and are not offered health insurance plans at their jobs. No wonder that Americans are struggling to pay their medical bills.

When does a collections agent over the phone cross over the line into harassment? Collection agencies are restricted from utilizing obscene language or threats of violence. However, they are allowed to insult your integrity and make you feel bad about the person you are.

Anecdotal stories about collectors asserting that a debt cannot be negotiated, settled or paid off more slowly have been circulated. Collectors have been known to rudely ask when a debtor is going to pay, and then reject a debtors offer as not enough. This is not true or acceptable, as a consumer you always have the ability to negotiate.

U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will typically prevent the enforcement, commencement, or appeal of actions and judgments against a debtor from the creditors they owe money to who are trying to collect these debts incurred prior to the bankruptcy petition. The automatic stay also protects property of the bankruptcy estate itself from collection actions and proceedings.

If a creditor violates the automatic stay their actions are voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

It is true that Americans with overdue debts will typically be subject to a number of retributions. Collection letters, phone calls, unfavorable credit scores and a chance to wind up in court are examples of punishments for non-compliance.

However, a new trend that is growing is debtors suing debt collectors first. Any violation of the Fair Debt Collection Practices Act can be valid reason alone to take a collector to court. It might be true that in a declining economy suing a debt collection agency instead of paying off what you owe may be your only choice. There were 8,347 consumer lawsuits filed against collection companies in 2009. That’s a 55 percent increase over 2009 and double that number filed in 2007.