How To Get Debt Collectors Off Your Back
Permanently
by David Maillie
Debt collectors are liars, cheaters, etc... They take
advantage of every loophole possible and even break the law.
They have been featured on almost every news program from CNN
to 60 Minutes. There are laws in place to contain their
harassment and collection efforts and to make this process more
civil, but most figure the risk of getting caught is minimal
and that the rewards of endlessly harassing and fleecing
victims is far greater. We now have the power to take back our
lives, stop them in their tracks and sue them for more than
they are trying to collect.
First, lets start with what is actually owed and how most
collection agencies work. Usually a unpaid debt is either sold
or turned over to a collection agency. 95% or more of these
debts are credit cards, store cards, gas cards, etc... These
debts are then tiered according to age of debt, amount, credit,
job history, etc... Generally most debts are bought for pennies
on the dollar. Recent debt may go for $.15 to $.25 on the
dollar whereas old debt that has had numerous collection
attempts goes for $.05 or less and debt that is beyond the
statues of limitations for the state the debtor resides in goes
for less than $.01. So, for instance if you owed $10000.00 on a
credit card, the debt collection agency paid at most $2500.00,
but probably paid less than $1500 for it. Now, whats
interesting is that they will call and write you stating that
you now owe $14000.00 or so stating that it has accrued
interest and various questionable fees. This is all profit if
you were dumb enough to pay that. A fair settlement would be
$1700.00 or less. So, the point here is that you dont ever owe
what they are trying to collect from you - it is always far,
far less.
Secondly, lets give you some more ammunition - The 1977
FDCPA (Fair Debt Collection Practices Act) gives you rights the
debt collectors wont tell you about. If you dont want to hear
from them again, its easy. Just write them a letter stating
that you wish they cease all contact with you (make sure you
put in the letter that - P.S. This letter is in no way an
acknowledgement of the above listed debt(s) - that way they
cannot even attempt to try and re-age your debt (add another
7years of collection and reporting to further harass). Send the
letter registered return receipt requested mail and keep your
proof of receipt. If they contact you after this for any reason
other than to tell you they are either dropping the issue or
taking it to court (99.99% wont go to court as it costs them
more money and their odds of getting anything are almost zero -
even with a judgement) then you can sue them for each
occurrence for $1,000. People win these suits every day - most
settle out of court for a lot more than the original debt (just
look this up on the internet under small claims court). You
also have the right to question the debt and have the debt
collector provide proof. Many debt collection agencies are
being sued by many debtors for their failure to provide proof.
Just look up Asset Acceptance on the internet - they are one of
the biggest abusers of this federal law with thousands of
outstanding lawsuits for harassing debt collection
practices.
So, now you know how to stop debt collection agencies in
their tracks. You know how to get relief - sue them! If enough
people sue them things will change. Also use your state and
local resources. State Attorney generals go after debt
collection agencies that routinely break the law, Consumer
protection agencies (the Better Business Bureau, etc...), the
Federal Trade Commission goes after the worst abusers, and, of
course, your state department of insurance and finance (whom
actually licenses these agencies rto operate in your state).
You state department of finance and insurance, or similar, has
the power to fine, punish and even banish the debt collection
agency from your state. Every state requires a debt collection
agency to be licensed and put up a large financial bond (around
$50,000) to operate in your state. Call these folks if you are
having problems with a debt collection agency - they will get
immediate results in your favor. Dont threaten the collection
agency that you have these rights - use them. Bring the
collection agency to its knees if they are violating your
rights.
The other problem is are these bills, debts even correct?
Many hospitals, doctors, etc... have no ethics and will
purposely double or even triple bill patients without insurance
because they know they can get away with it. If you have a
question about your bill demand a itemized bill and have this
professionally examined. This will reveal things like
overcharging ($100 tissue boxes, 1000 percent markup on
medicines, etc...) We entrust these hospitals and doctors with
our lives and then they screw us by double billing or worse.
Right now there is no government policing on hospitals. Many
times a debt collector will actually make up a debt or
illegally pass one on to you from someone else (Asset
Acceptance has been sued for this many times). Do not assume
that you owe any debt and take them to task. If you do owe it,
pay it, but pay the least amount possible, and pay it on your
terms. If they break the law - make them pay!
If you have a problem with a bill make it known to your
state politicians. If enough people do this things will change.
Write to your local newspaper, tell a friend, do a press
release. Tell others of their rights. Cigarette boxes come with
warnings - shouldnt debt collectors and debt collection
agencies with their high propensity to skirt the law also come
with mandatory warnings? The more the word gets out, the better
the odds something will be done about it.
David Maillie holds numerous patents including his
recently awarded patent for headlight repair, cleaner and
restorer. He can be reached at M.D. Wholesale: MDwholesale.com
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