There’s No Excuse For Collection Abuse

Written November 20, 2008 by Jay Fleischman, New York Consumer Lawyer

You just hung up the telephone and can barely breathe because you’re so shocked by what you heard. A debt collector used foul language, threats or coercion to attempt to make you pay money right away. If you are the victim of collection abuse, you are not alone.

Recently Inside Edition explored debt collection efforts and how more collectors are resorting to collection abuse. According to the Inside Edition report, over 500 people they spoke to were victims of collection abuse.

In some instances, people were called up to nine times a day by the same debt collector. Other people were called racial slurs or mocked for their health problems. Debt collectors even used profanity and serious threats to try to get people to pay up.

As major retailers continue to close their doors and lenders remain unpaid, debt collectors are encouraged to relentlessly pursue money owed. As a result, collection abuse is on the rise despite the existing laws that protect consumers from these inappropriate acts.

One debtor fell just one month behind on her car payment. A collector called and stated, “I am sick and tired of chasing you on this car, and you’re pushing me to measures I don’t want to use. It’s going to embarrass the daylights out of you. You don’t want to do that to your family and friends. And I think you got kids too, if I’m not mistaken.”

Creditors cannot start calling your friends and family to collect debts. They also cannot threaten, coerce or make false statements to collect debts. You are entitled to evidence of the debt and do not need to pay more than you actually owe.

While collection abuse is shocking and disturbing, it is becoming a more common occurrence. Refuse to be intimidated by illegal debt collection tactics. Contact an experienced consumer protection lawyer to find out your rights and protect yourself from guerrilla debt collectors.

How To Keep Debt Collectors Out Of Your Pockets

Written November 18, 2008 by Jay Fleischman, New York Consumer Lawyer

Consumer debt is on the rise with many people facing a barrage of debt collection letters and telephone calls. As debts remain unpaid, more consumers are dealing with threatening debt collectors. As a result, complaints about collection abuse are also on the rise.

According to the Long Island branch of the Metropolitan New York Better Business Bureau (BBB), complaints almost doubled from 2006 to 2007. In 2006, the BBB received 344 complaints about collection agents. In 2007, the BBB received 639 calls.

In a recent Newsday article, New York City Department of Consumer Affairs commissioner Jonathan Mintz, stated complaints this year are “through the roof…disturbingly high.” So far this year complaints number 1,200. Last year the total number of complaints was 760.

Common problems reported by debtors include harassment, calling in the middle of the night, contacting employers and trying to collect a debt the consumer does not really owe. Mintz says agencies are trying to get money in quickly which, “unfortunately often leads to sloppiness on their own paperwork. The bad news for consumers is the data is exponentially less accurate.”

There are a few ways to keep debt collectors in line and out of your pockets.

Verify the debt. Never pay a debt if you’re unsure whether you owe it. Request evidence of the debt. Thanks to the Fair Credit Reporting Act, it is your right to request proof of your debt from collectors to ensure its accuracy.

Don’t admit to a debt if you don’t know. If you admit to a debt that is not yours, you will be responsible for it. Identity theft is on the rise. Request free credit reports from the three major credit reporting agencies to see what debts are listed and if they really belong to you.

Never authorize automatic withdrawals. When you authorize creditors to take money directly out of your account, you lose control over your cash. You may wind up overdrawn or paying debts you don’t owe. It can also be difficult to rescind access to your accounts.

Make payments. Work out a payment schedule to keep the account active. The debt will not disappear unless you make small payments toward the balance. Be aware creditors may still take action if you are not paying the minimum amount due.

Refuse to be threatened or harassed. To take your possessions, the collectors must first get a judgment issued by the court. Creditors cannot use obscenities, call all day, call in the middle of the night or call after you write a letter asking them to stop. They also can’t tell other people about your finances or attempt to collect more than you owe.

If you are facing debt collection and collection abuse, it’s time to take action. Contact an experienced consumer protection lawyer to find our your rights and options.

How Are Your Finances Like The GM Bankruptcy?

Written November 17, 2008 by Jay Fleischman, New York Consumer Lawyer

As national economic problems come to the forefront, bailouts and bankruptcy are the latest buzzwords. Now that everyone has discussed the AIG bailout, the latest debates are about the possible bankruptcy for General Motors.

A recent Wall Street Journal article discusses the reasons why GM would be in a better position if they filed for Chapter 11 bankruptcy. GM is still considering bailout plans, changing their brands and other corporate restructuring. In the past 42 years, GM’s market share in the United States has eroded from 53 percent to 20 percent.

Despite their lagging revenues, GM CEO, Rick Wagoner, says that bankruptcy is not an option.  So how does GM’s bankruptcy situation relate to your own financial problems? If you also feel bankruptcy is not an option, you might be making a foolish choice. Consider the concerns GM has and how they relate to your own feelings.

GM has around 7,000 dealers while their competitors have thousands less. How many accounts do you currently have open? Do you have so many unpaid accounts you’ve lost count? If you have too many credit accounts to keep up with and face ongoing debt collection, it’s time to discuss your situation with a professional.

GM is concerned about obtaining financing to support its future operations. Are you concerned you won’t be able to get a loan or credit card if you claim bankruptcy? Remember overextended loans and credit cards got you into a financial bind. Clearing up your finances today with a professional today will improve your longterm financial future.

GM has social and political concerns. Do you feel reluctant to admit bankruptcy to your family and friends? Avoidance, denial and collection abuse will not resolve your financial woes. Instead of talking about your money problems with loved ones, enlist the assistance of a professional so you know all your options.

GM faces possible downsizing and shedding of assets. Are you concerned about losing your current lifestyle? If you’ve been living beyond your means, your luxurious lifestyle is merely a myth. Make an appointment with a professional to review your outstanding bills and current income to determine what lifestyle changes must be made to achieve financial freedom.

GM does not want to wind up like Daewoo, the fallen Korean car maker that claimed bankruptcy. Are you talking to friends and family to compare financial situations? Remember, your financial problems are unique and what works for someone else may not be the right choice for you. Talk to a professional for personalized options that apply to your individualized financial picture.

GM is stuck in old relationships.  Are you still dealing with creditors charging huge interest rates and fees?  Maybe new relationships and financial overhaul are in order to improve your overall financial situation.

GM is concerned about their reputation. People continue to buy from bankrupt businesses everyday just as creditors will do business again with you someday. Your reputation will instantly improve when you face unpaid bills and debt collection instead of avoiding the situation.

Embarrassed By Debt? People Are Talking Now More Than Ever.

Written November 17, 2008 by Jay Fleischman, New York Consumer Lawyer

Does your debt situation embarrass you?  Are you ignoring it, hoping your unpaid bills will somehow disappear? Denying your debt and hiding your problems will only make them worse. With the current economic crisis, an increasing number of people are facing unpaid debts so you aren’t alone.

Recently CNN revealed more people are talking about their financial troubles instead of hiding them. From credit card debt collection to falling 401K plans, people are no longer afraid to let everyone know their personal financial issues. In days gone by, people hid their heads in shame about debt.

If you mention you’re facing debt today, you are likely to hear about others are in the same situation. As the cost of basic necessities soars, people find themselves unable to keep up with all their bills. The telephone rings, your mailbox overflows and you feel stressed about your debts.

According Kathy R., a media contact for Debtors Anonymous, their membership has seen a recent increase. As a recover debtor herself, Kathy does not use her last name. Public coverage of celebrities such as Ed McMahon facing foreclosure and financial ruin bring the problem to the forefront.

Lynette Khalfani-Cox, a personal finance expert known as “The Money Coach”, says, “People don’t feel like it’s just them any longer. And frankly, I don’t think they feel like they have to hide it as much.”

Besides, you have to face your credit score to get a job or a bank account. Prospective employers and lenders review your scores from the three major credit rating bureaus to determine your future.

Talk about debt collection problems instead of feeling embarrassed. When you begin to face your financial concerns and address them, you are on the way to getting help. Sometimes just hearing yourself admit you’re in debt gives you the ability to take the next step.

While discussing financial issues with a friend might give you emotional relief, your friends can’t offer you the best advice. Getting financial advice from a family member or friend is likely to lead to more money problems.

When you realize you have debt problems, talk to a financial professional about them. A professional will present options based on your income, level of debt and personal situation. When you talk to the right people, financial freedom is closer than you think.

Should You Pay Your Utility Bills Last?

Written November 13, 2008 by Jay Fleischman, New York Consumer Lawyer

When the telephone continues to ring with debt collection calls, it gets frustrating. With no end in sight, you are tempted to pay them and skip your utilities for a month or two. After all, isn’t it impossible for utility companies to shut your services down? Not necessarily.

In recent years, people juggled bills to cover credit cards and car loans while putting off utility bills. Often people assume electricity or water can’t be turned off when it that’s simply not the case. Unless you are disabled, utility companies expect to get paid.

While utility companies used to be more lenient regarding outstanding bills, a recent Wall Street Journal article states they are getting more aggressive about collecting money from delinquent customers due to the current economy. As a result, an increasing number of people are being left without power.

In New York, the amount of money owed on past due utilities of at least 60 days jumped 22 percent compared to last year. As of September, outstanding utility bills in New York totaled $611.3 million.

In neighboring state New Jersey, the Public Service Enterprise Group, Inc. is the biggest utility company. According to Ralph Izzo, PSEG Chief Executive, “We’ve been diligent in our shutoff activities.”

People from all backgrounds are facing economic duress and the stress of unpaid utility bills. Eric Hartsfield, customer service division director of the New Jersey Board of Public Utilities, states, “We’re seeing an uptick in middle class people who have never seen this situation before.”

So what do you do when you are faced with outstanding bills, relentless debt collection efforts and possible collection abuse? Instead of waiting for utility companies to shut off your services and tell the credit reporting agencies, take action.

Call the utility companies to explain your situation. Ask for a payment plan or some type of relief. Contact a professional to discuss your financial situation and your possible options. Don’t wind up up in the dark when a professional can shed some light on your financial future.

Previous Posts »

Featured Section #1

This area is a featured section on the homepage where you can write about your website. Here you can highlight what's new or other things which are important to your site visitors.
Continue reading »

Featured Section #2

This area is a featured section on the homepage where you can write about your website. Here you can highlight what's new or other things which are important to your site visitors.
Continue reading »

Contact Jay To Protect Your Rights!

Name:
Email:
County You Live In:
Type of Problem: