StopTheCallsFast  

I get a lot of email and posts about Fredericks, Goldstein & Zoe. The fact is that these low lives are really not the kind of debt collectors you should worry about, that is if you are educated and know your rights. Unfortunately, I have found a lot of people do not know what their rights are when it comes to dealing with debt collectors and this what gets them into major trouble. The debt collectors you need to be wary of are those who use the judicial system to their advantage because they know in many cases or the majority cases that most of you out there don't have a clue about what to do. Their approach is to just flat out sue you.

In this process they are betting that you won't even file an appearance or answer the summons and complaint. A perusal of state judicial websites is replete with numerous legal corpses of consumers who received default judgments because they did not lift a finger to defend themselves. I am in the process of compiling an in depth listing for all of the 50 states and sharing with my readers what resources are available in each state in the event you need to answer a complaint and wish to do so without an attorney.

Even if you use an attorney it is wise to educate yourself on the civil procedures in your respective state. As Jack Ryan said to Captain Ramius in "The Hunt For Red October", "It is wise to know the ways of one's adversary..." Don't you agree? So the question I want to pose is what is the quickest way to figure out the possibility of whether you may or may not be sued?

Certain debt collectors operate without any license so they don't sue anyone. These are shake down artists. The Fredericks firm mentioned above is one such example. But others are quite legal and have registered to conduct business as debt collectors. They may skirt the law but unfortunately they get away with it more often than not.

If a debt collector is threatening to sue you (if they make such statements are just blowing air it is a violation of the FDCPA) there is a quick and easy way to find out if they are suing anyone else or if they have ever sued anyone. I will use  New York State's judicial site as the example for purposes of illustration.

Here is a sample for just Bronx County, New York for cases open with Unifund as Plaintiff for just 2009:

As you can see if Unifund says they are going to sue you you had better believe it. The good news is that they cannot validate debts in court. They come up with phoney affidavits, fake statements etc. which is no way satisfy what the courts have defined as validation. See my other blogs. Also please go to the upper right hand corner of this blog opt to download my free validation letter and my audio instructions on how to use it.

So hopefully I have shed some light on some subject matter which I find is troublesome to many.  Don't forget to grab my free validation letter and audio and watch for a free checklist which will be available to all of you who sign up (opt in). Until next time.

I get a lot of email and posts about Fredericks, Goldstein & Zoe. The fact is that these low lives are really not the kind of debt collectors you should worry about, that is if you are educated and know your rights. Unfortunately, I have found a lot of people do not know what their rights are when it comes to dealing with debt collectors and this what gets them into major trouble. The debt collectors you need to be wary of are those who use the judicial system to their advantage because they know in many cases or the majority cases that most of you out there don't have a clue about what to do. Their approach is to just flat out sue you.

In this process they are betting that you won't even file an appearance or answer the summons and complaint. A perusal of state judicial websites is replete with numerous legal corpses of consumers who received default judgments because they did not lift a finger to defend themselves. I am in the process of compiling an in depth listing for all of the 50 states and sharing with my readers what resources are available in each state in the event you need to answer a complaint and wish to do so without an attorney.

Even if you use an attorney it is wise to educate yourself on the civil procedures in your respective state. As Jack Ryan said to Captain Ramius in "The Hunt For Red October", "It is wise to know the ways of one's adversary..." Don't you agree? So the question I want to pose is what is the quickest way to figure out the possibility of whether you may or may not be sued?

Certain debt collectors operate without any license so they don't sue anyone. These are shake down artists. The Fredericks firm mentioned above is one such example. But others are quite legal and have registered to conduct business as debt collectors. They may skirt the law but unfortunately they get away with it more often than not.

If a debt collector is threatening to sue you (if they make such statements are just blowing air it is a violation of the FDCPA) there is a quick and easy way to find out if they are suing anyone else or if they have ever sued anyone. I will use  New York State's judicial site as the example for purposes of illustration.

Here is a sample for just Bronx County, New York for cases open with Unifund as Plaintiff for just 2009:

As you can see if Unifund says they are going to sue you you had better believe it. The good news is that they cannot validate debts in court. They come up with phoney affidavits, fake statements etc. which is no way satisfy what the courts have defined as validation. See my other blogs. Also please go to the upper right hand corner of this blog opt to download my free validation letter and my audio instructions on how to use it.

So hopefully I have shed some light on some subject matter which I find is troublesome to many.  Don't forget to grab my free validation letter and audio and watch for a free checklist which will be available to all of you who sign up (opt in). Until next time.

Debt validation if not the most powerful weapon a consumer has against disreputable, unethical debt collection agencies and debt collection attorneys is right up there in the top 3. The Fair Debt Collection Practices Act is very specific about what the definition of "creditor" is. The creditor is the party who loaned you the money in the first instance, not the party who the debt has been assigned to or who has purchased the debt. Under the law the party who has had the debt assigned to it or who has purchased it is defined as a "debt collector". The distinction is important.

A debt collection attorney or a debt collection agency may try to convince you that  they are the original creditor. Not true. Creditors are not subject to compliance with the FDCPA but debt collectors are. If the original creditor is attempting to communicate with you it is in your best interest to have the conversation and attempt to reach an accommodation if possible.

Charged off debts (debts written off as losses)by creditors are customarily sold to JDB's (junk debt buyers). This is the tawdry scummy side of the world of debt collection, the place where all the laws are violated and innocent consumers are treated like cattle headed for slaughter. This is the place where all the illegal acts and frivolous lawsuits come from.

These JDB's buy up charged off debts for pennies on the dollar. This is a huge market and very similar to other secondary markets that deal in commodities or junk paper or just plain junk. The strategy used is to try to scare  the s..t out of people by using all means of intimidation possible, most of it if not all of illegal.

Understand that when you are making 100's of thousands of dollars and in many cases millions of dollars that fines of $1000 per violation become merely a cost of doing business. Beginning to get the picture? The FDCPA was enacted in 1966 so the fines have not kept up with inflation. What would $1000.00 in 1966 dollars be worth now? $6632.87 if you use the consumer price index and $5281.36 if you use the gdp deflator. Get the picture? Why should these crooks care about breaking the law?

When a debt collector calls you or writes to you they must by law inform you of your right to dispute the subject debt within 5 days of the initial communication. Some do this and some do not but you have to know that this is the law. Disputing the debt means that you never owed this money, you are disputing the amount and or the fees and interest being charged.

Here's the deal. There is a right way and a wrong way to dispute a debt and demand validation.  If a debt collector furnishes you with a letter saying that this is your date with your name, an account number and a dollar amount, this does not constitute a validation of the debt. They try to pull this stuff all the time and also come with phony affidavits which are signed by their own employees with no documentation and in house manufactured account statements.

The first thing you do is to go to the post office and grab some certified mail green cards and green and white forms both of which must be filed out and adhered to the mailing envelope. The important thing is to key in the certified mail serial number at the top of the letter you are writing. We'll get the the letter in a minute. Everything you send must always go certified mail because the slime receiving the letter if it is only sent first class will deny receiving it.

In your letter you should reference the debt collector's file number, any account numbers given etc. If the debt is not yours you may start out by stating that fact. Demand from the debt collector what proof they have and can document. This would include account statements, a copy of your original application(signed by you) applying for the account, a contract of sale proving they own this account (notarized), and documents of evidencing the chain of ownership of the account. Your name, an account number, and a dollar amount will not cut it in court.

A new tactic being used by these sociopaths is to just serve you with a summons and complaint without validating the debt hoping you are stupid enough to fold, pay up and not question these blatantly illegal tactics. My attorney buddies tell me and I have also read this statistic that 90% of all the summons and complaints filed end up as default judgments in favor of the debt collectors because the alleged debts do not answer the complaints or show up for court.

If you email me at stopthecallsfast@gmail.com I will be happy to email you a free validation letter with an audio explaining exactly how to use it. You will then be on my subscriber list and be updated on late breaking developments affecting your rights as a consumer with special emphasis on dealing with debt collector abuses. If you have questions about this article please also email me at the above email  address or post comments to the blog.

Debt validation if not the most powerful weapon a consumer has against disreputable, unethical debt collection agencies and debt collection attorneys is right up there in the top 3. The Fair Debt Collection Practices Act is very specific about what the definition of "creditor" is. The creditor is the party who loaned you the money in the first instance, not the party who the debt has been assigned to or who has purchased the debt. Under the law the party who has had the debt assigned to it or who has purchased it is defined as a "debt collector". The distinction is important.

A debt collection attorney or a debt collection agency may try to convince you that  they are the original creditor. Not true. Creditors are not subject to compliance with the FDCPA but debt collectors are. If the original creditor is attempting to communicate with you it is in your best interest to have the conversation and attempt to reach an accommodation if possible.

Charged off debts (debts written off as losses)by creditors are customarily sold to JDB's (junk debt buyers). This is the tawdry scummy side of the world of debt collection, the place where all the laws are violated and innocent consumers are treated like cattle headed for slaughter. This is the place where all the illegal acts and frivolous lawsuits come from.

These JDB's buy up charged off debts for pennies on the dollar. This is a huge market and very similar to other secondary markets that deal in commodities or junk paper or just plain junk. The strategy used is to try to scare  the s..t out of people by using all means of intimidation possible, most of it if not all of illegal.

Understand that when you are making 100's of thousands of dollars and in many cases millions of dollars that fines of $1000 per violation become merely a cost of doing business. Beginning to get the picture? The FDCPA was enacted in 1966 so the fines have not kept up with inflation. What would $1000.00 in 1966 dollars be worth now? $6632.87 if you use the consumer price index and $5281.36 if you use the gdp deflator. Get the picture? Why should these crooks care about breaking the law?

When a debt collector calls you or writes to you they must by law inform you of your right to dispute the subject debt within 5 days of the initial communication. Some do this and some do not but you have to know that this is the law. Disputing the debt means that you never owed this money, you are disputing the amount and or the fees and interest being charged.

Here's the deal. There is a right way and a wrong way to dispute a debt and demand validation.  If a debt collector furnishes you with a letter saying that this is your date with your name, an account number and a dollar amount, this does not constitute a validation of the debt. They try to pull this stuff all the time and also come with phony affidavits which are signed by their own employees with no documentation and in house manufactured account statements.

The first thing you do is to go to the post office and grab some certified mail green cards and green and white forms both of which must be filed out and adhered to the mailing envelope. The important thing is to key in the certified mail serial number at the top of the letter you are writing. We'll get the the letter in a minute. Everything you send must always go certified mail because the slime receiving the letter if it is only sent first class will deny receiving it.

In your letter you should reference the debt collector's file number, any account numbers given etc. If the debt is not yours you may start out by stating that fact. Demand from the debt collector what proof they have and can document. This would include account statements, a copy of your original application(signed by you) applying for the account, a contract of sale proving they own this account (notarized), and documents of evidencing the chain of ownership of the account. Your name, an account number, and a dollar amount will not cut it in court.

A new tactic being used by these sociopaths is to just serve you with a summons and complaint without validating the debt hoping you are stupid enough to fold, pay up and not question these blatantly illegal tactics. My attorney buddies tell me and I have also read this statistic that 90% of all the summons and complaints filed end up as default judgments in favor of the debt collectors because the alleged debts do not answer the complaints or show up for court.

If you email me at stopthecallsfast@gmail.com I will be happy to email you a free validation letter with an audio explaining exactly how to use it. You will then be on my subscriber list and be updated on late breaking developments affecting your rights as a consumer with special emphasis on dealing with debt collector abuses. If you have questions about this article please also email me at the above email  address or post comments to the blog.