The Fair Debt Collection Practices Act (FDCPA) prohibits creditors from collecting debts unfairly. In other words, collection agencies are certainly not permitted to harass, irritate, ruin or lie to debtors to be able to force repayment from them. Here we will discuss a little more about it along with the professional Brian R Linnekens.
Many debt collectors utilize any available approach to collect debts from hardworking People in the USA. Although Brian Linnekens strongly thinks that we should come up with each attempt to pay for the debts that people pay back, he also considers that all clients need to be addressed with the normal decency and respect. Therefore, Brian Linnekens has created a network of attorneys across the nation who definitely is taught to defend consumers from unfair collection techniques.
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.
Some of the Unfair Techniques 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.
Specifically, 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 some other instrument post-dated by over five days, except if she or he tells the consumer, on paper, of any motive to put in the check or instrument. The notice have to be made no more than ten neither fewer than three trading days before the date of deposit. Solicit a post-dated check or other post-dated repayment tool to use as a threat or to start 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.
Lead to communication prices, for example costs for collect telephone calls and telegrams, to be made to anyone simply by covering up the true goal of 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.
Start using a postcard to make contact with the consumer in regards to 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 have grown to be more and more ruthless currently. You may be less intimidated by collection calls knowing your legal rights. No one likes or needs those unexpected debt collection phone calls. Act, know your legal rights, and you can support other people in the same circumstance.
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.
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