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Choosing Evil – Are Elections the Great American
Illusion?
Inverted Totalitarianism US Politics &
Government
Brave New World 2008- Loving Your Servitude
Brave New World
Federal judge tells trust to show clear mortgage
documentation in foreclosures
Errors in loan documents can save strapped
homeowners
Woman Tried to Prevent the Financial Mess Silenced
by Greenspan, Rubin, Summers
Politicians, lobbyists shielded financiers - Lack of
liability laws fueled firms' avarice - 1
Mortgage system crumbled while regulators jousted -
2
Bailout in the Public Interest Should Not Reward
Profiteers
Pork and Toy Arrows: the Bailout Bill of 2008
Bailout by Stealth
Naked Short Selling and Phantom Stock by
Criminals in the Financial Markets
Money and Votes in
Last Debate Over Bank Deregulation
Panic Consolidate Game Over but Not for Gold and
Silver
The Inevitable End of the Central Banking and
Political Money Regime
Fraud in Global Economy: The Law of Supply and
Demand Is Dead for Gold and Silver
Hedge Funds, Naked Short Selling, Phantom Stocks
and Stock Market Collapse-
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The Coming Collapse of the Modern Banking
System: Staring Into the Abyss
Economic Collapse of 2008 An Inside Job
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2
Fraud in Global Economy: The Law of Supply and Demand Is Dead for Silver and Gold
Behind the Stock Market Illusion is Government
Collusion
The Slide, the slide, the long coming sliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiide
The Condition of the
Dollar
I Want The Earth Plus 5%
-- an allegory that's not a fairy tale.
Collapse of the Dollar:
How America Was Set Up to Take a Fall
Confronting the Illegal Money System
The Federal Reserve Dollar is Private Money
Derived from Private Credit
Billions for Bankers - Debts for the People
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Real Story of Money is Global Control
Final Warning: A History of the New World Order
Pawns in the Game
War and Emergency Power Act Portal to
Dictatorship
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Shatter the Illusions - Patriots Must Reject the
Two-Party System
TechnoFascism Is Totalitarianism
Hidden in the Form of Democracy
CPS Corruption and Human Trafficking Exposed in
San Luis Obispo County - A Mother's Story
CPS Corruption and Human Trafficking Exposed
in San Luis Obispo
Bush Crime Family Dictatorship
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Limitations
of the Federal District Court
The Cash Cows of Personal Debt
Dream Catchers
of the Seventh Fire DreamCatcher Heritage Collection
A New Beginning: A
Practical Course in Miracles
1 INTRODUCTION
2 HISTORY OF COMMERCE
3 RESPONSIBILITY
4 REDEMPTION
5
POWER OF ACCEPTANCE
6
BEING A DIPLOMAT
7
BEING A SOVEREIGN
8
PRIVATE BANKING
Drug Smuggling
Is Another Way that the Money Powers Have Profited
from Control of Government
Why Taxes Are Not Necessary
Income Taxes are Cartoon Images of the Law
Hidden Truth about Income Taxes
Stopping an IRS Audit with 32 questions
Social Security Number and W-4
Recording a Notice of Lien as a Lien
Agent Reveals IRS is a Fraud
CAFRs Are the True State of the State, Not Budgets
Comprehensive Annual Financial Reports Expose Fraud 1
Comprehensive Annual Financial Reports Expose Fraud
INTERNATIONAL CONSPIRACY OF LAWYERS
Plan for Pygmy Plunder
The Price of Free Corn
WHAT IS MONEY?
Federal Trade Commission
Publications and Links
Credit and Your Consumer Rights
Fair Debt Collection
Fair Debt Collection Practices Act Home Page
Ads Promising Debt Relief May be Offering Bankruptcy
FTC Staff Commentary on the FDCPA
Using Consumer Reports: What Employers Need to Know
Cosigning a Loan
Identity Theft Home Page
FTC's Identity Theft Fraud Affidavit
Resolving Specific Problems
Unfinished Business: Searching for a National
Conscience
Crucifixion and Resurrection
Bank Fraud Exposed - Money out of YOUR Pocket!
Bank Fraud in Australia is Systemic -
part 2 -
part 3
Paul McLean is Back to Expose Bank Fraud
The Foreign Currency Loan Experience in 1980s
Australia: Dwyer v Commonwealth Bank of Australia -
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The Quade Appeal on Decision vs CBA
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Bank Fraud in Australia Is a Step Toward
Controlling the Economy and the People
Bank Fraud in Australia Is Systemic and Affects
All Australians
The Banks and Small
Business Borrowers: case studies of adversity by Evan Jones
1
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Introduction
2 -
Goonans
3 -
Paul Buckman
4 -
The Walter family
5 -
The McMinns
6 -
Lynton Freeman
7 -
Ross Delahunty
8 -
Keith Smith
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The Somersets
10-Conclusion
Articles by Evan Jones
The NAB and Its Publicity Grabs
Innovation at the NAB and Grab
NAB accused of dirty tricks in Queensland
Bank Fraud and John Howard
Australian Four Pillars Bank Policy
Document Discovery and the Australian Courts
Banks Behaving Badly
When the Bankers became Con-men
NABbed - an overcharging scandal involving the
biggest Australian bank
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A Case Study in the
Adverse Small Business Environment in Australia
The Walter Family and
the National Australia Bank
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part 2
The Victorian Courts
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part 2
The Industry and the
Federal Authorities
The State of Victoria
and the Bracks Government
The NAB and the New
Public Relations Program
The Regulators, the Law
and Bank Malpractice
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part 2
Conclusion and
References
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The Club of Rome
The Limits to Growth
Manipulating Public Opinion
Edward Bernays Father of Spin
Propaganda
Vance Packard
Hidden Persuaders
Concerns grow that Canadian plan will wipeout
alternative news sites and spread to US
Anthropology on Trial: The Mead - Freeman
Controversy
Hoaxing of Margaret Mead
Stamping out Dissent in Science
How Scientific Censorship Works
Suppression of Inconvenient Facts in Physics
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2 -
3 -
4
Are Carbon Emissions the Cause of Global
Warming?
Chris Landsea Leaves IPCC
IPCC and the Nature of Consensus
The Scientific Consensus on Climate Change
Carbon cycle modelling and CO2 -
2 -
3 -
4
Fire and Ice Doomsday Alarmism Then and Now
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2 -
3
Global Warming: Greenhouse Effect a Mirage
Global Warming: The Myth of Greenhouse Gases
Greenhouse Gas Facts and Fantasies
Lynching of Carbon Dioxide the Innocent Source
of Life -
2 -
3
IPCC Hockey Stick A New Low in Climate Science
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2 -
3 -
4
Sun's Shifts May Cause Global Warming
Sun's Direct Role in
Global Warming Underestimated
Climate change confirmed but global warming is
cancelled
Global Warming as Religion and not Science
Prejudiced Authors Prejudiced Findings
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2
The planet is burning
Let’s party!
Peak Oil Introduction
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2
Report from Iron Mountain on the Possibility and Desirability of Peace -
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3
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Food As a Weapon to Control People
Global Food Cartel an Instrument for Starvation
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Depleted Uranium Worse
Civil Disobedience -
2 -
3
The Mythical Lincoln
Pledging Allegiance to the All Powerful State
Allied War Crimes 1941-1950
In Eisenhower's Death Camps - A US
Prison Guard's Story
US War Crimes in World War II: -
2
The Firebombing of Dresden
Promoting Pentagon Propaganda
Fortress Iran: Cutting through the War
Propaganda
History as a Tool of Propaganda
False Flag Anti-Semitism
Zionist Nationalist Myth of Enforced Exile -
Israel Deliberately Forgets Its History - Schlomo Sand
Deconstructing the Walls of Jericho: Who Are the
Jews?
Enforced Exile of Jews Is a Zionist Nationalist
Myth
The Wandering Who?
by Gilad Atzmon
Freemason Designs in
Israeli Supreme Court Building
Origin of Holocaust Propaganda
The Origin of the Legend of the
Six Million
Origins of Violence
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2
The Truth about Khazars -
2
The Imperialism of Jewish Capital
The "Jewish" Conspiracy Is British Imperialism
Recognizing a Native American Holocaust
Jewish Rule -
2
Anne Frank Life and Times
The Truth about the Diary of Anne Frank
Iyman Al Hams: Dying of a Young Girl
A Prominent Propagandist: Elie Wiesel
Elie Wiesel: Night and the Holocaust
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2
The 1988 'Holocaust' Testimony of Joseph Burg
An Interview With JOSEF GINSBURG
False Flag Attacks on the Jews in Iraq in 1950-
2 -
3
How the Mossad Tricked US into Bombing Libya
The Lavon Affair: Another Mossad
False Flag Operation
False Flag Attack on the USS Liberty in 1967
Mossad Uses Islamic Fundamentalists
Mossad Local Assistants or Sayanim
The Lavon Affair: Another Mossad
False Flag Operation
False Flag Attack on the USS Liberty in 1967
Nick Berg and 9-11
Connecting the Dots on 9-11
911 was a Day of Infamy
FEMA on Target
Fairy Tale at Emma E. Booker Elementary
Seven 9-11 Hijackers Are Alive and Well
Framing bin Laden
NOT WANTED in connection with the events of
September 11, 2001
Employer of the Dancing
Israelis Got $498,750 from SBA before 9-11
Demolition of the World Trade Center
World Trade Center 7
Demolition
Towering Inferno
Jet Fuel at the World Trade Center
Law of Free Fall and 9-11
Such an Act Could Not Be Imagined
A Missile Not Flight 77
Rabbi Dov Zakheim Zionist
9-11 Cell Phone Use Was a Hoax
Flight 93 Crash -
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3 -
4 -
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6
9-11 Has Shown the Face of the New World Order
An Independent Investigation of 9-11 and its
Zionist Connection
They Hate Us for Our Freedoms
London Tube Train Bombings Were an Inside Job
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Debt Elimination - Debtors Rights in
Dealing with Debt Collectors
False Statements and Fraudulent Debt
Collection Practices
A federal statute known as the Fair Debt Collection
Practices Act (often called the "FDCPA") gives you specific legal rights to
sue debt collectors who unlawfully threaten, berate, intimidate or harass
you; call you during odd hours, make false representations about the the
debt or their intentions, or otherwise act in ways proscribed by the act
(and their are many). False statements may include threats to:
Attach your wages when unlawful or not intended.
This includes threats to take more wages than is permitted by the federal
limitation (wage attachment for a credit card debt, a non-student loan or
for an obligation that is not support is generally illegal in many States,
however, now that law has been expanded to rent and lease damages in some
cases-you should check the statute to be sure);
- Contact your employer about the debt;
- Call you "everyday until the debt is paid;"
- Sell the debt to another company for the purposes of continuing
collection on a time-barred debt;
- Contact neighbors about the debt;
- Contact the Immigration and Naturalization Service about your alien
status;
- Threaten imprisonment or criminal punishment;
- Report a financed vehicle as "stolen" because you missed one or more
vehicle payments;
- File or threaten to file criminal bad check charges on a post dated
check that the collector solicited from you;
- Immediate eviction (by an agent for a landlord); lockout, or seizure
of personal property where such relief is limited by state law;
- A disguised threat of suit e.g. A collector requested "settlement
prior to possible legal action" where the collection agency had no
authority to sue or to retain counsel was held by a Federal District Court
in Connecticut to be deceptive and in violation of the FDCPA.
Here's one you may not have anticipated:
- A threat implying that the collection agency has multiple employees or
investigators working to collect the debt, where only one or two people
work for the agency.
- Threats to collect or sue for "collection costs," "attorney's fees,"
(see also below) interest not pre-agreed to in excess of that allowed by
statute, "fines," or any other fee in excess of the actual amount due,
unless the original agreement provides for the amount the collector
threatens to collect. For instance, the collector cannot threaten to add
attorney's fees or his fees where the agreement you signed does not
specifically provide for them. Let's say you went to the dentist and just
signed consent form and a medical history. You agreed to pay for all
charges if your insurance did not. Nothing is mentioned about anything
else. The collector cannot add any other fees or even and especially, his
costs, late fees or other charges.
- Threats adding "collection costs, attorney's fees" and similar
additional charges have also been held to be deceptive and misleading,
because they do not state exactly what debt is being sought.
- Sue or bring any kind of legal action where the threat is not followed
through (i.e. a scare tactic), or any number or other threats designed to
demoralize, humiliate, degrade; embarrass or intimidate a debtor into
payment.
- Any threat where the collector says he is legal counsel or an
attorney/lawyer when he is not;
- The threat or attempt to mislead a debtor that a claim will be
transferred to an attorney or separate department of a collector (e.g.
"This will be transferred to our legal department for further action").
Letters misrepresenting that the account has been transferred to an
attorney may include an attorney's letterhead with threats of legal
action. Have you ever received a letter from a lawyer who purportedly
collects for a major creditor? Has the lawyer been out-of-state? Has the
lawyer threatened to sue if payment was not made?
Other Little-Known Tactics that are
Illegal:
It is unlawful under the FDCPA to threaten suit if no such
action is intended. The attorney cannot sue you in a state that is not your
home state, under the FDCPA. Therefore, the threat is an empty one. Empty
threats are punishable under the FDCPA!
It is unlawful for such a letter to be sent unless the lawyer reviews the
letter? Do you believe that when thousands of letters issued the lawyer
reviews each one?
Where the correspondence is not
reviewed by counsel, the correspondence violates the FDCPA.
Look at the letters you receive from lawyers. Were they signed by hand?
If not, perhaps they were not reviewed by a lawyer. You may have a case
under the FDCPA.
The collector's threat to "make this go legal" or to "turn the matter
over to the legal department" may violate the FDCPA where the collector has
no legal department. Do you think that the collector may be a collection
operation only? If so, perhaps they have no legal department, i.e., the
legal aspect is handled outside of the company. In this scenario is another
violation of the FDCPA.
It is also a violation to send a letter stating that the collector will
"recommend litigation" or "advise the creditor to sue." Some of such
correspondence has been found to violate the FDCPA because it, in essence
purports to give legal advice to the creditor. The collector is not
permitted to give legal advice, unless, of course, if the collector is an
attorney himself.
The Least Sophisticated Consumer
Standard:
Did you also know that it does not matter if you believed
the threats or that a person of your intelligence would not have believed
the threats (i.e. the collector threatens to have you arrested for not
paying the creditor. You as an intelligent consumer believe the threat is
ridiculous since the U.S. Constitution prohibits such actions). The FDCPA's
standard is the "least sophisticated consumer standard." That is, would
anyone believe the threat.
This would be enough to sustain the standard and your burden of proof if
the court believes that the threat occurred.
Supporting Case Law
The concept of deception protects even the ignorant,
unthinking and the credulous, least sophisticated consumer. See
Jeter v. Credit Bureau, Inc., 760 F.2d 1168 (11th
Cir. 1985)
It is also unlawful to sue a consumer in a jurisdiction that is not the
jurisdiction where the consumer resides or the one in which the contract was
made. Example: PA R&D Enterprises, Inc. and their sister corporation
Judgment Busters, Inc. (pretty despicable sounding name, huh?) seems to be
in the business of purchasing uncollectible judgments. In one case, PA R&D
purchased a judgment for rent against a consumer in Delaware County, PA. PA
R&D exported the judgment to Luzerne County, some 115 miles away from the
consumer. PA R&D then added $1,000 to the judgment as "attorney's fees."
There was a slight problem: Neither PA R&D nor its officer was an attorney.
In effect, they gave themselves a pay raise, just like Congress! PA R&D
decided the judgment should be higher than it was, so it just put it in the
Luzerne County judgment! Wow, neat trick PA R&D! PA R&D also took the
judgment to a remote location which also violated the
FDCPA §1692i
PA R&D and executed on the consumer's wages for the greater amount. The
employer balked (luckily), but the matter became moot when the consumer left
the employment of the employer. This case was recently filed as an adversary
proceeding (a civil action) before the Bankruptcy Court for the Eastern
District of Pennsylvania. The matter is pending and awaiting an Answer from
the defendants, which include PA R&D, Judgment Busters and certain officers
of the corporations. The
complaint alleges violations of the FDCPA, Pennsylvania Fair Trade Practices Act, and
common law fraud.
For the Fair Debt Collection Practices Act list of
false statements, see: §1692e.
False or misleading representations.
The courts have decided thousands of cases on the
subject and it is impossible to list all prohibited types of threats.
Suffice it to say that if it seems wrong, it is worth speaking to a consumer
protection lawyer in your area.
We have seen may instances of this type of conduct and can help you
recover money. There are literally dozens of ways in which a debt collector
can break the law. Each time a collector breaks the law, you may be entitled
to damages in an amount commensurate with the gravity of the violation
(however, most courts limit the liquidated damages to one instance in each
case-see your lawyer about this). Some collectors have gone so far as to
threaten arrest, jail, or harm to loved ones, including informing friends
and work associates of the debtor's financial embarrassment. Any threat to
do something that is not allowed by law is grievous and actionable (you can
bring suit).
The "Mini-Miranda Warning"
Each time a debt collector contacts you, he must give you
what is known as a "Mini-Miranda Warning" This warning received that name
because it is reminiscent of the warnings that police should give you if you
are arrested, however, "Mini-Miranda Warnings" have nothing to do with
criminal law. A "Mini-Miranda Warning must contain the following words (or
words imparting this meaning):
"Hello, I am _________(name of collector). I am (or
this office is) a debt collector representing____________(creditor).
Information obtained during the course of this call will be used for the
purpose of collecting the debt."
If the creditor has not been advising you as above, you may have a right
to sue. Letters you receive in the mail from collectors also must contain
similar warnings such as:
"This is an attempt to collect a debt. Any
information obtained will be used for that purpose. Unless within 30 days of
your receipt of this notice, you notify us that you dispute the validity of
this debt, it will be assumed to be correct. If you notify this office
within thirty days that you dispute the validity of the debt, we will obtain
verification of the debt or a copy of the judgment. If you request it within
30 days, we will provide you with the name and address of the original
creditor (if different from the current creditor)."
If the letter does not state the above, or words similar or close to the
above, you may also have a right of action. Furthermore, did you know that
no bill collector or creditor has the right to contact any third person
about your debt, except to get information solely to locate you? This means
that if a bill collector or a creditor tells any except you that you owe
them money, they too can be sued.
Debt Collector's Calls at Work
The FDCPA states:
"Without the prior consent of the consumer given
directly to the debt collector or the express permission of a court of
competent jurisdiction, a debt collector may not communicate with a consumer
in connection with the collection of any debt"
Simply put, anyone can stop collectors from harassing them at work by
putting the collector on notice that the employer of the consumer does not
permit him or her to receive the calls.
Do you think your employer allows you to be harassed at work?
Is this why you are paid? Probably not! Tell the debt collector this and
confirm it in a letter! Then make notes as to each time the collector
violates this warning. Bring your notes to your attorney and have him use it
against the collector in court.
Your Rights to Stop Harassment by the
Debt Collectors
Insofar as collectors are concerned,
there is no
reason why:
- You need to discuss anything with a collector if you know you cannot pay;
You have to answer a phone for a collector (this works with caller ID).
You have to speak with the collector if you do answer.
You have to answer any questions posed by the collector.
You have to say "good-bye" before you hang up.
You have to be truthful about your personal and financial affairs (you do
not have to disclose private information about assets or income).
Important: There is no reason you need to acknowledge
that you owe the money! This is very important if the debt is old.
By
acknowledging the debt, you may actually extend the time the creditor can
sue on it.
All states have statutes of limitations on debt collecting. A few states
are more than six years. Many are less.
You can extend this limitation by acknowledge the debt or even by making
a partial payment!
In fact, you do not even need a lawyer to stop collectors from calling
you (although one is very helpful)! All you need to do is to mail the
creditor or collector a
cease communication letter.
This request can be made any time, but it must be made in writing. It is
always preferable to send the request by certified mail and keep a copy.
This copy will be proof of your request should you need to sue the creditor.
Once the collector receives your letter, they can only contact you to inform
you of any action it intends to take or to tell you that it is terminating
its efforts to collect the debt. This letter is enough you to legally stop
further contact or dunning letters.
Validation of Debts and Sample Validation
Request Form
The FDCPA provides that debts that are pursued by a debt
collector be
validated.
Validation of the debt is every debtor's right. You don't need a reason. The
fact that you request validation is quite enough to evoke to protection of
the FDCPA. The Act provides that (paraphrasing, within five days after the
initial communication with a consumer in connection with the collection of
any debt, a debt collector shall (unless already provided in the initial
contact), send the consumer a written notice containing -
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after
receipt of the notice, disputes the validity of the debt, or any portion
thereof, the debt will be assumed to be valid by the debt collector; and
(4) a statement that if the consumer notifies the debt collector in
writing within the thirty-day period that the debt is disputed, the debt
collector will obtain verification of the debt.
This means that if you write a debt validation request, a sample of which
is available upon request, all communications and enforcement must
stop until the debt is validated. Yes, that means lawsuits also.
What happens if the collector refuses to
validate the debt?
You should only be so lucky. If after a validation request
under the FDCPA, the creditor refuses to cooperate, then the creditor may
not legally collect the debt. If the collector does, then the law is
violated and a suit for damages may be brought.
Such a suit was brought in federal court in New Jersey against MRS
Associates, debt collectors for a company going by the name of Lake Cook
Partners. Lake Cook engages in, what is known in the business as, "bottom
feeding." Bottom feeding is a term used to mean the acquisition of "dead" or
written off debts. Lake Cook purchases the debts from credit card companies
(and perhaps other companies) for pennies on the dollar. Lake Cook then uses
MRS Associates to make a debtor's life a living hell.
What if the debt collector ignores the request and collects the debt
anyway?
That happened with MRS Associates.
MRS Associates was requested to validate a debt alleged owed by a husband
of a client who received a bankruptcy discharge. The husband claimed that
his wife had applied for the card, not him. Not that it would matter anyway;
the husband was entitled to validation under the law. If validation was not
forthcoming, too bad for the collector. MRS Associates believed that the
burden was on the debtor since the card had been open for "21 years."
Note: MRS Associates stated that the debtor had the account for 21 years,
the fact that it "is highly improbable" that MRS would have been able to get
a copy of a document that the debtor signed 20 years ago did not excuse MRS
from obtaining what validation that they could get. In this case, MRS did
not even attempt to get anything. Perhaps MRS Associates did not want to be
bothered to comply with federal law. I guess it's easier that way.
Outcome: The foregoing message was in large part the reason that MRS
settled with the debtor for $4,500. Needless to say, the debt was never
validated. The debtor would have been forced to pay over $10,000. You can
see a copy of the
complaint here.
Our experienced service professionals have been
helping people with debt resolution, tax freedom, and credit repair for over
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for a free consultation.
Lake Cook (continued)
Not even two weeks after the $4,500 payment, the same
client was contacted by Creditor's Interchange, Inc., ("CI") a debt
collection outfit in Buffalo, NY. The collector calls this office and this
is what transpires: A collection agent by the name of Richard Kerns who says
he works for CI calls.
We answer the phone saying "law offices" as is called for by our business
procedure
Kerns asked for the debtor (name withheld for privacy).
I identified myself as "Mr. (debtor's) attorney.
Kerns says, "I did not know he had an attorney."
Kerns is assured by me that I represent the debtor for all purposes.
Kerns asks if I am an attorney.
I tell him that I am and ask for debt validation.
Kerns then demands payment from the client.
Kerns states, "Validation? What validation? He owes a debt!"
Kerns then states, "Listen smart guy. You know what? I'm going to call
your client!"
He does.
I learn that Kerns is collecting the same debt that MRS was
trying to collect. As a matter of fact, the same creditor, Lake
Cook, is now collecting under a different corporate name, Hilco Receivables.
Outcome: CI and Hilco settle the next case for $5,000 for one phone call.
That is $9,500 in settlements paid to the same client on the same debt.
Damages Under the FDCPA
The FDCPA provides for a private right of action against
violators. This means that you can get a lawyer and sue for damages. A
partial list of damages that are awardable are:
Statutory damages up to $1,000 for each case. This means that the
violator can be charged even though there are no other damages (see below).
Attorney's fees. You can make the violator pay for your lawyer. This is
big advantage; lawyers are expensive!
Actual damages including:
- Stress related injuries:
- Heart attack, angina, chest constrictions;
- Miscarriage;
- Ulcers, diabetic flare-up;
- Shock;
- Loss of appetite;
- Crying;
- Nightmares; insomnia, night sweats;
- Emotional paralysis;
- Inability to think or function at work;
- Headaches;
- Anxiety, nervousness; fear and worry;
- Hypertension (elevation of blood pressure);
- Stress to children;
- Irritability;
- Hysteria;
- Embarrassment, humiliation;
- Indignation and pain and suffering.
And this is just a partial list!
Monetary damages:
Payment of a debt barred by the statute of limitations;
Taking one's property unlawfully or intimidating a debtor to return
property by violating the Fair Debt Collections Practices Act, e.g. "If you
do not return your DVD player to the store, we will bring criminal charges!"
Long distance telephone charges for phone calls to a collector who states
that you must call him back.
Attorney's fees to defend a prior suit brought in violation of the Fair
Debt Collections Practices Act;
Damages for intentional infliction of emotional distress generally (see
above).
Your attorney may use medical (psychiatric/psychological) testimony, but
does not need to. Damages for emotional distress can be claimed even without
medical support. This does not mean they will always be believed, of course.
It is up to the judge or jury to decide if the plaintiff is telling the
truth. Anyway, the plaintiff in the Fair Debt Collections Practices Act
lawsuit starts with a tremendous advantage.
Free Cease Communication Letter
You still are not sure what to do? You're in luck. Just
go here
(this form will be generated in a new browser window, so come back here when
you are done), edit with personal and relevant information and print out the
form, sign it and mail it to the debt collector. Be sure to keep a copy and
mail your form by certified mail.
Sample Fair Debt Collections Practices Act
Cases, Complaint Forms and Their Results
The law states that Fair Debt Collections Practices Act cases can be
brought in any court of competent jurisdiction. This means that you can
bring actions against harassing collectors, and under some state laws,
creditors as well, in small claims court even without an attorney. You do
not need to use a small claims court; Federal District Courts are the
natural "home" for this type of litigation. It is not recommended that you
start an Fair Debt Collections Practices Act lawsuit without an attorney
because it takes some fluency in the act to know what to ask of the court.
Many magistrates or small claims court judges are unfamiliar with the
act. If you want to go ahead despite this warning, you can see how a typical
action was brought in a District Justice Court in Pennsylvania. "DJ" Courts
are generally small claims in PA, having jurisdiction up to $8,000. This
case was brought against a collector in New York for violations of the Fair
Debt Collections Practices Act verification and cease communication
provisions. A copy of the
complaint
can be inspected
here
in PDF (Adobe) format. The case settled for a gross sum of $975.00 which
included counsel fees of an unspecified amount.
If you are in PA and need a similar (blank) form
(this can be used in any type of civil action), go
here.
This page has filing instructions as well. Be careful though. Be aware that
if the creditor has a claim against you on a debt, the creditor may counter
sue you on that debt. This means that it may be better to bring this action
as a counterclaim and not as an independent action if you owe more than the
claim!
In most cases, it is better to bring the case in U.S. District Court.
This office recently sued a national law firm in the District Court in
Philadelphia. The name of the firm is withheld out of courtesy, since the
case was settled within four days after suing; at least the firm had the
integrity to admit the error and correct it. This firm is engaged in debt
collection practices on a national scale. They are based in Long Island, NY
and has offices in Philadelphia and elsewhere. Their website claims they
have "national ability." In reality, this "national ability" previously led
to a previous class action against this firm (not brought by this office)
which settled for more than $453,000! (E.D. Pa. 2000). This firm, among
other things, threatened have an agent of theirs come "come to [the
plaintiff's] house" and inventory all of plaintiff's personal property for
sale! Jeez! What power! What abuse! Of course, this made plaintiff's wife
panic. It also did not sit to well with the plaintiff's nerves, either.
Case outcome: The defendant paid plaintiff $1,500, plus $2,000 in
attorney's fees (the best part) and also paid off those nasty guys at Ford
Motor Credit. Value of settlement all together? About $7,500 +/-. Not bad
for a few phone calls and a letter.
Auto Repossession Notes:
Note #1 When a
debt collector (actually this is a repossession outfit) is attempting to
repossess a vehicle.
The collector or creditor cannot, "issue a warrant to the sheriff for
your arrest."
The collector cannot employ criminal process to collect a civil debt
(owing money and refusing to pay it is not a crime.
The collector cannot threaten to do something he knows he cannot legally
do (see above).
The collector cannot leave threats on an answering machine where others
can hear it.
The collector may not imply that there is some legal duty that the debtor
must call back (..."must hear from you"). There is no legal duty to return
a collectors phone calls.
The collector may not threaten something he does not intend. The
collector does not intend to "make this thing go legal," he only intend to
scare the debtor into surrendering his car. The collector has probably not
even consulted counsel; his job is to collect the vehicle only.
Again, the collector cannot threaten to harass the debtor every day ("I'm
never going away..."). The collector intends that the debtor fear that the
collector will come to his home every day (the collector says this, in so
many words). "I will be at your door every evening...." You wouldn't put up
with this nonsense even from a relative; why should you stand for it from a
goon from a repossession outfit? The last time I checked, people do not keep
motor vehicles in their living rooms. There is no reason for this man to
threaten that he will come to the debtor's door "every evening." The
creditor / debt collector has no right to harass the debtor "every evening."
Further, a threat to behave like this is itself a form of harassment and is
actionable.
You must call here...." As stated above, the creditor or collector may
not infer that the debtor has a duty to call back.
This is not a threat..." What is it then? This guy knows he is not
supposed to be doing this.
Note #2 A Chase Bank collector threatened "fraud"
because the debtor had been in bankruptcy, discharged the debt therein, and
then had the unmitigated audacity to have been born in Portugal! "gasp!" The
collector tried to get at the debtor by saying that she had left her mother
"holding the bag." Of course, this was a lie. There was no intent to
prosecute for a fraud because there was not debt.
Lawsuits under Fair Debt Collections Practices Act allow for counsel
fees, damages, and costs. Each Fair Debt Collections Practices Act violation
can net you up to $1,000 plus attorney's fees and actual damages. Repeated
conduct will usually receive greater damages and is less likely to a succumb
to a defense of "innocent mistake." You should be diligent in protecting
your rights. The statute of limitations for bring most federal actions of
this nature is only one year unless used as a defense to an action brought
against you. Therefore, you should protect your rights before they become
unenforceable.
Note #3 From Chase Bank. This woman sounds like she has
the emotion of a collection terminator. "I'm tired of playing games with you
(so I guess she is starting one of her own here). I'll call every neighbor
on your block to make sure you're in the right place." Wow! How
intimidating! How illegal. Collectors are allowed to obtain
locator information.
Once the collector knows where you are, which obviously Chase did, after all
she was calling her phone, any further calls to neighbors are no longer
locator information. They are just unlawful communications with third
parties intending to humiliate and embarrass the debtor, which it did.
Furthermore, this debtor had just received a discharge in bankruptcy! Not
only are these tactics barred by state law, and the Fair Debt Collections
Practices Act, they were also barred by bankruptcy law. The caller then
refers to "attorney fees, " which also is misleading and unlawful unless the
actual amount if stated. The only help you will ever get from a debt
collector, is that collector helping itself to your bank accounts or motor
vehicle.
More on creditor/debt collector
protection:
Certain states, such as Pennsylvania, may have laws
protecting consumers from harassment even though the Fair Debt Collections
Practices Act may not be applicable. These laws may even expand (e.g.
Pennsylvania) on the Fair Debt Collections Practices Act, broadening its
scope and applicability. To see if your state has such a law, you should
consult with a local attorney of see if you can find the information by
researching your State laws.
See Also:
Federal Trade Commission Publications and
Links in the side panel above.
Copyright 2005 Law Offices of Lawrence S. Rubin, Attorney.
610-565-6660 Fax 610-565-1912
Website:
www.pennlawyer.com
Additional information added by: Kenneth M. DeLashmutt
Edited by: Kenneth M. DeLashmutt
Bad Debt Expense and Allowance for Bad Debt
Bailout for the People! A Bailout for You!
Bankruptcy Questions and Answers
Citizens Economic Stimulus Plan - Stop Paying Credit Card
Debt!
Dealing with Debt Collection
Debt Elimination Cease and Desist Communications Letter
Debt Elimination Identity Redemption Information Pack
Debt Elimination: Title 31 U.S.C. 9304-9308
Debtors Rights in Dealing with Debt Collectors
Discharge Almost Any Debt with Proper Use of the UCC
Eliminate Credit Card Debt by Novation
Free Credit Repair Consultation
How I Clobbered Every Bureaucratic Cash Confiscatory
Agency Known to Man
Judgment against Bill Collector Violating FDCPA
National Arbitration Forum’s Wall of Secrecy Begins to
Crumble
Pretexting: Your Personal Information Revealed
Signature Without Liability
Statute of Limitations for Debts, Judgments and Taxes
Sui Juris: The Truth in the Record
Supremacy Clause Article. VI and Federal Preemption
Using Restrictive Endorsements to Settle Debts
Using the Fair Debt Collection Practices Act Against
Collectors
Vacating a Judgment in Debt Elimination
Wolpoff & Abramson Legal Defense
Your Right to Validation of Debts
Our experienced service professionals have been
helping people with debt resolution, tax freedom, and credit repair for over
ten years. To contact them
click here.
REAL Freedom
Library
History of Banking Fraud:
The Coming Battle
By M. W. WALBERT
The Coming Battle
documents from Congressional records, newspaper reports and writings by
the founding fathers and others a chronology of events long forgotten that
shaped our fledgling nation from 1776 to 1899. Read about the manipulation
of our money and its supply, the intentional creation of recessions,
depressions and panics, manipulation of the stock markets, and the
demonetization of silver.
Secrets of the Federal Reserve
by Eustace Mullins
Eustace Mullins' carefully
researched and documented treatise picks up from Walbert's expose' of
control of the money supply and the economy and
brings it to the mid 1980's.
The
World Order
by Eustace Mullins
How control of the world's money has inexorably led to an ever tighter
grip on control of the world's people.
Brave New World
by Aldous Huxley
Huxley presents a dystopic view of a future
in which mind-control creates a harmonized society stratified into classes
suitably manipulated and deprived to carry out work tasks with a hive
mentality. A foreign element is inserted when a high ranking Alpha brings a
Native American from a Reservation and a new perspective on freedom gnaws at
the fabric of the propaganda matrix.
Propaganda
by Edward Bernays
Walter
Lippmann's book, Public Opinion, published in 1922, detailed the
study in which he and Edward Bernays were involved while in London during
the First World War. It had to do with painting pictures inside people's
heads, which were cunningly and deliberately designed by expert craftsmen to
mislead not only individuals but entire societies.
Pawns in the Game
by William Guy Carr
This is the classic expose' of the New World Order from a Commander in
the Canadian Navy through the first half of the 20th Century.
Commander Carr was introduced to the Hidden Hand early in his life and
pursuing its mysteries became a lifelong mission.
Social Credit
by CH Douglas
In every country of the world the global financial system has
repeatedly been brought to the Bar of
Public Opinion as the chief factor in world unrest, and there is little
doubt that the jury of We the People has confirmed the Verdict somewhat rhetorically
expressed by Mr. William Jennings Bryan in his famous election speech: "The
money power preys upon the nation in times of peace, and conspires against
it in times of adversity. It is more despotic than monarchy, more insolent
than autocracy, more selfish than bureaucracy. It denounces, as public
enemies, all who question its methods, or throw light upon its crimes. It
can only be overthrown by the awakened conscience of the nation."
Social Credit by C.H. Douglas can clarify the issues from which we can
move forward to create a financial system that is fair and equitable.
Final Warning: A History of the New World Order
by
by David
Allen Rivera
David Allen Rivera has assembled a very carefully written history that
can serve us well. To have been
ignored in the history books, by the colleges and
universities, the print and electronic media, and the entire
national and international discussion shows their power to control
the flow of information as much as they control the flow of money.
What they intend to do with this power and influence should be one
of the most vital topics of conversation.
An Independent Investigation of 9-11 and its Zionist Connection
by Dr. Albert Pastore
History
provides patterns that we can learn to recognize so that we can avoid
them. Properly presented, history provides any of us with
invaluable tools to help us see behind the illusions. No one who
is paying attention to the patterns and their application to today's
events would fail to miss the signals or the dog that fails to bark.
Uranium Wars by Leuren Moret
How control of the world's people has inexorably led to wider use of
depopulation methods which include spreading radioactivity in food,
water, air, and the human genome.
Taking Back Your Power
by Allen Aslan Heart
WHAT CAN YOU DO? Stop playing THEIR game. Take back
your power. Stop paying taxes that are not legal or lawful. Stop paying
bills you don't really owe. Debt Elimination! Stop using THEIR money. There ARE ways if you
open your mind and look for the gaps in their fences that keep the sheeple
in their pasture. Are you chattel or a real person? You are the one who
makes that choice.
Our experienced
debt elimination service professionals have been
helping people with
debt elimination,
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credit repair for over ten years. For
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Get rid of debt!
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Get out of debt and get to know REAL Freedom.
You can't have something for
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You won't get wise with the sleep still in your eyes,
no matter what your dreams might be. - Rush
This
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information is
for the purpose of education and broadening horizons ONLY.
See
Debt Elimination links
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Your Credit File Rights
For debt elimination to be successful you
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Eliminate Credit Card Debt!
Zombie Debt:
Debt is Hard to Kill
There's a hot new growth
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Sleazy
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It may not be your debt,
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Eliminate Credit Card Debt!
Debt Elimination is the basis of Real
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Debt Collection
Practices: When Hardball Tactics Go Too Far
Dealing with a debt
collector can be one of life's most stressful experiences. Harassing
calls, threats, and use of obscene language can drive you to the edge.
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Eliminate Credit Card Debt!
Debt Elimination is Real Freedom!
An Outcry Rises as
Debt Collectors Play Rough
The rise in American
consumer debt has been accompanied by a sharp increase in complaints
about aggressive and sometimes unscrupulous tactics by debt collection
agencies, a phenomenon that has government regulators increasingly
concerned. Debt elimination removes any advantage they claim. Get out
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Debt Collection Puts on
a Suit
As consumer loans hit an
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debt elimination skills must are even more important.
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Plant Magic is Organic Gardening Nature's
Way
Accelerated Equity
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House of Cards: Why
home prices are about to plummet--and take the recovery with them. Debt
elimination is the basis of real freedom. Get out of debt. Don't delay.
Geopolitical struggle between the US / UK and the rest of the world is
weakening the US Dollar and portends devaluation and depression soon.
Get gold and silver.
The real war is in the currency markets.
That was why 9-11: to draw America into deficits and war. Get rid of debt.
Get REAL money! Get gold and silver.
Debt
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Bailout for the People!
In accordance with Title 17
U.S.C. Section 107, this material is distributed without profit to those who
have expressed a prior interest in receiving the included information for
research and educational purposes.
© 2007, Allen Aslan Heart / White Eagle Soaring of the Little Shell Pembina Band, a
Treaty
Tribe of the Ojibwe Nation
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