Playing Poker: How Do You Know When A Collection Agency Is Really Going To Sue You?

How Do You Know When A Debt Collector Is Really Going To Sue You?

There are over 150,000 lawsuits brought by debt collectors who have purchased aged
debts in the US court system right now. The very sad thing is that the majority of these
suits will result in default judgments for the plaintiffs simply because debtors do not know
their rights.

The FDCPA (Fair Debt Collection Practices Act) is very specific in its protections afforded to consumers
with regard to threats of lawsuits by debt collectors. However since each violation only carries a fine of
$1000 while debt collectors are making tens of millions of dollars, I would not want to hang my hat on
that protective hook. Here are the relevant prohibitions from the FDCPA:
807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection
with the collection of any debt. Without limiting the general application of the foregoing, the following
conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated
with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of –

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or
the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt
collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to –

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false,
including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a
document authorized, issued, or approved by any court, official, or agency of the United States or any State,
or which creates a false impression as to its source, authorization,
or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to
obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition,
if the initial communication with the consumer is oral, in that initial oral communication, that the debt
collector is attempting to collect a debt and that any information obtained will be used for that purpose,
and the failure to disclose in subsequent communications that the communication is from a debt collector,
except that this paragraph shall not apply to
a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company,
or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency
as defined by section 603(f) of this Act.

So the question becomes how do you know when they are really going to sue you and not
just blowing smoke up your you know what?
The quickest and easiest way is the check the civil court dockets in your state and do a plaintiff search.
I will show you the links for New York and Connecticut but most
if not all of the states have this information
available. The link for NY is http://iapps.courts.state.ny.us/webcivil/FCASMain and for
CT it is: http://www.jud.state.ct.us/jud2.htm .

Reading some or of this may seem to be very boring to you but if you know this information now
it will save you sleepless nights and maybe thousands of  dollars later on. Just doing a search with

the party name of CACH, Unifund or Worldwide
Asset Purchasing will prove to you that these 3rd party debt collectors file thousands
of lawsuits every year. The problem is that most of these end up as default judgments
for the plaintiff because defendants do not know their rights.

If they specifically tell you they are filing suit you can be pretty sure they are unless
they are really clueless idiots. The debt collectors I mentioned above have attorneys on
retainer so think of it as boilerplate or a litigation grist mill.

Teaching you what your rights are and showing you how to capitalize on them is
where I come in. If you go to my website , you will be able to watch a short video which
explains how stopthecallsfast got started. If does not matter how much money you make
or how much money you made when times were better.
If you don’t know how to deal with these vultures I promise
you they will make your life miserable. Listen to me or go pay an
attorney $200.00 plus an hour. Either most people need help when debt predators come
a callin… As a matter of fact if you think you cannot use my system and do this with my
guided help, I will be more than happy to help you find an appropriate legal counselor.

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