The Fair Debt Collection Practices Act (FDCPA) discourages creditors through collecting financial debt unfairly. In other words, collection agencies are certainly not permitted to harass, annoy, threaten or lie to debtors so that you can force repayment from them. Here we definitely will explain more info on it together with the expert Brian R Linnekens.
Many debt collectors make use of any kind of available technique to recover debts through hardworking USA citizens. Although Brian Linnekens strongly is convinced that individuals should try to make every attempt to pay the debts that we owe, he also is convinced that all clients should be addressed with the common decency and respect. As a result, Brian Linnekens is promoting a network of attorneys throughout the country who are taught to protect customers through unfair collection procedures.
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contributed to a higher number of personal bankruptcies contributed to marital instability, to the loss of jobs, and invaded individual's privacy.
A few of the Unfair Tactics are as listed below:
According to Brian R Linnekens, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt.
Mainly, a debt collector might not exactly do the following things:
Collect any interest, fee, charge, or expense incidental to the principal obligation unless it was authorized by the original debt agreement or is otherwise permitted by law.
Accept a check or other instrument post-dated by more than five days, except if the person tells the consumer, on paper, of any intention to put in the check or instrument. The notice have to be made not more than 10 nor below 3 working days before the date of deposit? Solicit a post-dated check or another post-dated settlement instrument to use as a threat or to commence criminal prosecution.
Deposit or threaten to deposit a post-dated check or other post-dated payment instrument before the date on the check or instrument.
Cause communication expenses, for instance prices for collect phone calls and telegrams, to be made to anyone by hiding the real intent behind the communication.
Take or threaten to repossess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled.
Work with a postcard to make contact with a consumer about a debt.
Although many of these may seem obvious, Brian Linnekens and his attorney network have found that many debt collectors still use these tactics to try to harass clients. However, with proper representation, most if not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors.
Debt collectors are getting to be more and more violent currently. You may be much less intimidated by collection message or calls when you know your legal rights. Nobody prefers or requires those sudden debt collection telephone calls. Do something, know your legal rights, and you may well assist others in the similar circumstances.
This article is to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. The Law Offices of Brian R Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website. You should consult a lawyer for individual advice regarding your own situation.
To acquire more information on the subject of Brian R Linnekens, see - http://www.brianlinnekens.com/
Source For This Article - http://www.brianlinnekens.net/brian-r-linnekens-fights-debt-collectors-who-use-false-and-misleading-tactics
Many debt collectors make use of any kind of available technique to recover debts through hardworking USA citizens. Although Brian Linnekens strongly is convinced that individuals should try to make every attempt to pay the debts that we owe, he also is convinced that all clients should be addressed with the common decency and respect. As a result, Brian Linnekens is promoting a network of attorneys throughout the country who are taught to protect customers through unfair collection procedures.
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contributed to a higher number of personal bankruptcies contributed to marital instability, to the loss of jobs, and invaded individual's privacy.
A few of the Unfair Tactics are as listed below:
According to Brian R Linnekens, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt.
Mainly, a debt collector might not exactly do the following things:
Collect any interest, fee, charge, or expense incidental to the principal obligation unless it was authorized by the original debt agreement or is otherwise permitted by law.
Accept a check or other instrument post-dated by more than five days, except if the person tells the consumer, on paper, of any intention to put in the check or instrument. The notice have to be made not more than 10 nor below 3 working days before the date of deposit? Solicit a post-dated check or another post-dated settlement instrument to use as a threat or to commence criminal prosecution.
Deposit or threaten to deposit a post-dated check or other post-dated payment instrument before the date on the check or instrument.
Cause communication expenses, for instance prices for collect phone calls and telegrams, to be made to anyone by hiding the real intent behind the communication.
Take or threaten to repossess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled.
Work with a postcard to make contact with a consumer about a debt.
Although many of these may seem obvious, Brian Linnekens and his attorney network have found that many debt collectors still use these tactics to try to harass clients. However, with proper representation, most if not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors.
Debt collectors are getting to be more and more violent currently. You may be much less intimidated by collection message or calls when you know your legal rights. Nobody prefers or requires those sudden debt collection telephone calls. Do something, know your legal rights, and you may well assist others in the similar circumstances.
This article is to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. The Law Offices of Brian R Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website. You should consult a lawyer for individual advice regarding your own situation.
To acquire more information on the subject of Brian R Linnekens, see - http://www.brianlinnekens.com/
Source For This Article - http://www.brianlinnekens.net/brian-r-linnekens-fights-debt-collectors-who-use-false-and-misleading-tactics