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A "how to" video on fixing your defaulted student loan and your credit...
Posted on 3/18/2010

Banker at BoA gets screwed on his Morgtage and gets Collection Calls...
Posted on 2/9/2010

Debt Collection Company charged in wrongful death case...
Posted on 12/14/2009

Foreclosures Are On the Rise - What you need to know!...
Posted on 10/29/2009

Debt Collectors Lie, Cheat, and Make False Threats!...
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Fair Credit Reporting Act for Consumers Rights

12/23/2008
Jeff Suher
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Bad Entries on your Credit Will Eventually Fall Off

Your credit report or more so, your credit score can define who you are – more so than your career, your partner in life, and even your physical attributes.  Seriously, think about it.  You cannot obtain a car, a house, a credit card, a loan, or even sometimes a job without a good credit score.  In today’s society without any of those things where would you be?  Up the creek without a paddle, that’s where.

And, if you do get financed for credit with a low score or a bad score, your interest rate will be through the roof. 

Today’s economy has caused debt collectors to become more aggressive and relentless as to their collection tactics.  Thus causing consumers to get so upset, one might even contemplate bankruptcy.  Some may have to file bankruptcy.  But there are some things you might want to think about.  One thing could be the timeline wherein a bad entry must be taken off your report.

Luckily the Fair Credit Reporting Act or (FCRA) has established guidelines so bad credit cannot stay with your forever (unlike that birthmark you’ve always hated). 

Here are a few of those Time Guidelines set forth in the FCRA that you need to know:

Late Payment information and collection accounts will remain on your report for seven years from the date of delinquency.

Foreclosures will remain on your credit report for seven years from the date of delinquency.

Lawsuits or Judgments will remain on your credit report for seven years from the date of judgment.

Bankruptcy will remain with your credit report for 10 years from the date of filing; and

Paid tax liens will remain with your credit report for 7 years from the date paid.

A consumer does not have to do anything or write anything to the credit bureaus (Experian, Equifax, and TransUnion), to have the entry removed when the time is up.  The negative account should be automatically taken off when the appropriate time has expired.  If this does not happen automatically, then contact Jeff to dispute these accounts immediately! 


11/17/2008
Jeff Suher
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The only website to obtain all 3 credit reports for free every year

Remember, there is only one true website to obtain your yearly 3 free credit reports! You can request your reports online here, or you can download and print this form if you feel more comfortable mailing your request form to receive your free reports.

Here is the address where you send the form to obtain ALL reports, including:
Experian, TransUnion and Equifax:

Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281

If after receiving your credit reports, if you find a re-aged debt or an account that doesn't belong to you, please contact Jeff for a free evaluation of your rights.  Jeff can help answer your questions on how to send out a dispute letter, how long credit reporting agencies have to investigate, and what steps to take after the results.

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11/17/2008
Jeff Suher
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Jeff Suher to Host Workshop about the Fair Credit Reporting Act

Obtaining credit can be fairly simple for most Pennsylvania consumers.  If you have a steady job, and no history of serious credit delinquency, you can obtain more credit than you'll probably ever need.  But many in Pennsylvania face the flip side of this equation, and often through no fault of their own.

As fair and impartial as financial institutions purport the credit system to be, the fact is that mistakes in reporting credit information still occurs at alarming rates. These mistakes leave affected consumers financially disenfranchised from the rest of us, exposed to long-term financial problems that can limit life's possibilities and close them off from their shot at the American Dream.

Jeff will discuss identity theft prevention, fraud alerts, and security freezes, and help you to take steps to prevent yourself from identity theft and what to do if it happens to you.

Jeff will discuss the responsibilities of debt collectors other furnishers to the consumer reporting agencies.  Jeff can help you become aware of what debt collectors can and cannot report to the credit bureaus.  Jeff will also help you better understand your credit report so you can spot inaccurate information.You will also learn the proper procedure to dispute inaccurate information.

Date:  Tuesday, September 30th  Time:  6:30 p.m.

Place:  Single Step Strategies, 1738 N. Highland Road, Suite G103

 Pittsburgh, PA 15241

Members  $10         Non-members:  $15.

To register EMAIL  http://info@singlestepsstrategies.com

or Call 412-831-0183

On the Web:  www.singlestepsstrategies.com

SEATING IS LIMITED!




Fair Debt Collection Practices Act for Pennsylvania Consumers

2/18/2010
Tina M. McElhinny
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Investigation in Abuse in Student Debt

College students are doing a study in the student debt industry and debt collection harassment of student loan debt. Answer to this article to help the investigation and contact Attorney Jeff Suher if you have any student debt problems.

2/9/2010
Tina M. McElhinny
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Jeff Suher's Debt Collection Guide for Pennsylvania Consumers

Jeff Suher creates a guide to help educate consumers on common debt collection tactics. All these tactics in this guide are violations of the Fair Debt Collection Practices Act. If you are experiencing any problems with any of these tactics, contact Jeff immediately for a free evaluation of your rights.

Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


2/3/2010
Jeff Suher
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Debt Collector, Mann Bracken Closes Its Doors!

If you owed debt collector, Mann Bracken money or if you have recently been sued by this collector - be aware that they just closed up shop. Attorney Jeff Suher tells you where to go from here.

Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


12/14/2009
Tina M. McElhinny
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Debt Collection Abuse at its worst level - a Wrongful Death Action

Did you ever think that debt collection calls could be this abusive? If your experiencing any level of debt collection harassment, Jeff Suher Can Help!

11/4/2009
Tina M. McElhinny
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Debt Collection Company settles Pennsylvania Class Action for 2.5 million

Debt collection company, American Corrective Counseling Services has agreed to pay $2.55 million to settle a lawsuit brought by thousands of Pennsylvanians who claim they were wrongly led to believe they had to pay costly fees to avoid criminal charges for bouncing checks.

The company sent false and misleading letters purporting to be from various Pennsylvania district attorneys' offices to people who bounced checks.  These letters were threatening in nature, indicating that no criminal actions would be taken if the checks were paid and penalty payments were met.  What a hoax!


Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


11/4/2009
Tina M. McElhinny
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Debt Collection Scam by EMAIL

Debt collection scams by way of email.  Real debt collection companies will NEVER send you a bill via email.  If you do receive one, make sure you keep it and email it to Jeff for his review!  Don't be tricked into a debt collection scam.


Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


10/27/2009
Tina M. McElhinny
Comments (3)

HEAR IT! Listen to a mob-like threatening debt collection call

Click the link above and listen to this horrible debt collector trying to collect money on an old pay-day loan debt! 

According to the Orlando Sentinel, the collector claimed a Florida consumer, owed money on an old payday loan — a loan she said was paid long ago — and that if she didn't come up with $1,600, he would file criminal charges against her.  Allegedly, the debt collector identified himself as a detective and claimed warrants were being drawn up.

Remember, Debt collectors are PROHIBITED FROM:

-  Pretending to be law enforcement officers;

-  Threatening violence or bodily harm;

-  Using profane, vulgar or abusive language; and

-  Threatening a consumer with jail time.

If you are a Pennsylvania consumer who is being attacked by a debt collector, put a STOP to the harassment by contacting Jeff.

Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


10/12/2009
Tina M. McElhinny
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Attorney Debt Collector Loses for Renting out His Letterhead

The only thing worse than getting a letter from a collection agency, is getting a collection letter from an attorney.  Even if the letter says nothing about being sued.  A consumer will, most likely assume that a lawsuit is "on its way", since an attorney sent the letter.

Consumers can and do get sued a lot for outstanding debt.  However, this is not always the case.  Sometimes collection lawyers have no intent on suing the consumer. Could these letters sometimes be used just to scare the consumer into paying off his or her debt?  Absolutely.  If the debt collector is not having any luck collecting on debts, the company will hire an attorney or lawfirm to try and collect on the debts.

However, the New York collection firm, Upton Cohen & Slamowitz was recently found to have violated  federal consumer protection laws by failing to conduct a meaningful investigation of an underlying debt.  According to Forbes, the Judge said that lawfirms such as these are merely renting out their letterhead without reviewing case files or conducting investigations.  This can evidenced by things like the use of computer-generated form letters, facsimile signatures and a high volume of notices processed.   In one day this firm issued at least 211 debt collection notices, and a total of 3,000 that same month.  Damages against this lawfirm have not yet been decided.

If you are receiving debt collection letters from an attorney or a lawfirm - make sure you do your own investigation.  At the very least, contact Jeff or a consumer attorney in your area to review your debt collection letter.

Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


10/12/2009
Tina M. McElhinny
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A Debt Collector hounds a man to death, widow files a lawsuit

A Florida widow claims that a debt collection company hounded her husband to death by calling multiple times per days over the years, verbally abusing him and leaving harassing telephone messages on their answering machine.

Lawsuits against debt collection companies alleging illegal practices for violating the FDCPA are common, however this may be the first ever wrongful death suit filed against a collection company.

The debt collection company denies that the collection calls could have led to this man's untimely death and is looking forward to defending this matter in court.


Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


8/28/2009
Tina M. McElhinny
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Crack Down on Abusive Debt Collectors

Debt collectors are continuing to go to extreme measures to collect on consumer debts.  The FTC had over 45,000 complaints about debt collection harassment just in the first 6 months of this year!

Some of these agencies will open up shop with a PO Box (no physical address), make tons of really abusive calls, make as much money as they possibly can by scaring and harassing consumers, close up shop (before they get sued or caught) and take off!!!

That is why it is very important to learn your rights and understand when debt collectors violate the law under the FDCPA.     When this happens, take a stand and fight back before another collection agency packs up his shop and runs with your money.


Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


6/8/2009
Tina M. McElhinny
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Debt collectors will stop at nothing to get paid

According to the Huffington Post, a debt collection company is giving out a fake address leading consumers to a public library.  It is unfortunate for this library, because they are receiving endless letters and paperwork from attorneys and consumers regarding debt collection issues.  But, why in the world would a debt collector want to give out a fake address?

This same debt collector contacted a consumer and stated that he was a police officer and was coming to arrest him for fraud if he did not give him money right away for an outstanding internet payday loan.  When this consumer's attorney attempted to contact this company to straighten out this situation, his attempts also ended up in this Tompkins County Public Library.

With the economy down and consumers finding it difficult to pay bills, debt collectors will lie, cheat, harass and stop at nothing to get paid.  Obviously in these situations, the collectors are just looking for as much "fast cash" as possible before getting caught up in a whirl-wind of trouble for collecting debts in a manner which is considered against the law.

Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


4/3/2009
Jeff Suher
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Woman Files Lawsuit for a Debt Collector posting on MySpace!

Did you know that if a debt collector cannot locate you, he/she may try searching on various social networking sites such as MySpace, Twitter, or Facebook?  It's true!  Debt collectors have been able to locate debtors using these very popular websites.  If your profile is public, it would be very easy for a debt collector to find out personal information about you and possibly your friends and/or relatives.

In what appears to be one of the first lawsuits related to debt collection harassment on a social network, a Michigan lady is suing two debt collection companies for violating the Fair Debt Collection Practices Act.  Among many other FDCPA violations, the debt collectors were allegedly posting remarks regarding her indebtedness on her MySpace page.

The Michigan woman is unable to sue MySpace, which is protected under Section 230 of the Communications Decency Act.


Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


3/30/2009
Tina M. McElhinny
Comments (2)

FDCPA violations for contacting neighbors and relatives

A debt collector discloses to a third party (a neighbor or relative) that you have a debt.  This is a violation of the Fair Debt Collection Practices Act (FDCPA).  A collector, by law, is NOT allowed to do this. 

A debt collector IS allowed to make one reasonable phone call to a neighbor or a relative in an attempt to locate you by confirming or correcting location information.  However, the debt collector is not supposed to disclose any information about the debt that you owe.  The debt collector is also not supposed to ask a third party to “pass a message on to you”. 

Once the debt collector contacts the third party in an attempt to confirm or correct your location information, they must stop.  The debt collector is NOT allowed to contact the third party more than once UNLESS requested to do so.

You may have the right to sue if the debt collector discloses your debt information to any third party.


Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  


2/16/2009
Jeff Suher
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Article from Johnstown PA newspaper

The Johnstown Tribune Democrat recently had an article regarding a lawsuit I recently filed.  You can read the story here.       The author failed to note that the debt collector allegedly called my client a "bitch" on Christmas Eve.  She didn't even owe the alleged debt. 

2/5/2009
Jeff Suher
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Debt Collectors who try to collect "Phantom Debts"

According to a local news story published in Baltimore, Maryland,  a woman got a phone call from a debt collector looking for her sister-in-law.  The Debt Collector was alleging she owed a lot of money.  How many times have we heard this line???  

 

However, the sister-in-law owed nothing.  The debt collector who called her was National Service of Processors, RCI, or RSI, and sometimes goes by the name of Maxine Billings.  This company is based out of Georgia and has received hundreds of complaints.

 

Numerous complaints involving debt collectors trying to collect “phantom debts”.  A phantom debt, is a debt that never existed.  According to Angie Barnett of the Greater Maryland Better Business Bureau, “They’re scam artists.  They’ll collect this phantom debt, they’ll buy names, contact information and credit information and make what they call phantom debt collection calls.”  That is completely scary!

 

Remember, if you do not believe that you owe a debt.  Ask questions!!!!  Demand for validation of the debt, protect yourself!

 



2/5/2009
Jeff Suher
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A Debt Collector Can Ease Your Pain, WHAT??????

Okay, I just had to share this article with you.  This article was recently posted in the New York Times.  
Apparently, debt collectors can ease your pain, and can try to help you out and give out financial advice over the phone!!!  And, apparently we should be thankful for this!!!

I guess we should be glad and thankful for debt collectors who advise us to take out a second mortgage on our home to pay a small credit card debt, and debt collectors who suggest the United Way.  Doesn't the United Way have better and more charitable things to do than help people with an old credit card debt?

Anyway, READ THIS ARTICLE, and see for yourself!

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1/20/2009
Tina McElhinny
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Let's Share - A comment posted on our BLOGS regarding debt collectors

Just wanted to share with you - about a couple comments that were posted on our  BLOG regarding aggressive debt collectors.  Unfortunately, I had to delete the comments because they were rated X.

However, it made me think (imagine that) and I did not want to ignore them. 

It was very obvious that the reader who posted the comments had a few issues.  Mainly this person was offended that consumers had the nerve to contact an attorney and file lawsuits against debt collectors - when they weren't paying their bills.  Commenting that if consumers would pay their bills, they wouldn't have to worry about abusive debt collectors.  The reader also stated that debt collectors should have the right to take what ever means necessary to collect their bills owed to them.

Exactly my thoughts......No, not anymore.  But honestly, I used to feel that way sometimes, until I educated myself and started to really get to know our clients and their stories.  It put things into perspective on how a debt collector could put someone "over the edge" so to speak.

Let's be honest, it would be great to have a great upbringing, gone to college, been lead in the right direction, to the right career path, to the right marriage, and of course being an expert on today's economy and knowing credit inside and out.  But that wasn't me, was it you?   No, it wasn't most of us.

Society makes us hungry for credit, society has made consumers dependent on credit NO, wait NEED credit to survive sometimes.  And unfortunately, banks used to make it so easy for people that only made below average income to obtain loans, to obtain credit cards ....... and once that consumer was late on any payments BANG!!!  Up went the interest rates, then BANG can't pay a couple months, then BANG - the bill is sold off to a debt collector for pennies on the dollar.  Unfortunately, this has happened to so many Pennsylvania consumers.  This is one of the underlying reasons why in today's economy it is almost impossible to get a loan with a great job and almost perfect credit!!!! 

I do think that consumers should try and maintain a "credit line" that they can afford.  I do think that consumers should not take out credit card accounts that they know they might have difficulty paying back.  However, I DO NOT think it is okay if.......

A consumer is involved in a car accident and cannot work for 3 months and decides to feed his family instead of paying credit cards until he is back to work....and a debt collector calls to harass and berate this person WRONG!

A consumer is going through a divorce, is going back to school, and is trying to pay off debts, just not at the pace of the debt collector's wish - does this make it okay for a debt collector to threaten jail time and call up neighbors to embarrass this person - NO THIS IS WRONG.....

Come on now, do you really think that consumers want bad credit?  Do you really think we want debt collectors calling our neighbors and embarrassing us, NO! 

Behind every late bill there is a story.  A real story, about a real human being.  And these real human beings do not deserve to be harassed by aggressive debt collectors. 

So, to all the debt collectors out there who may want to pick up the phone and call someone a "deadbeat", stop to think first - maybe this person just lost their spouse, or got a divorce, or lost their job. 

And, to all the debt collectors who follow the FDCPA and try their hardest to understand the person behind the other line, Thank you.

1/16/2009
Jeff Suher
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It's Crazy! As the Economy Gets Worse, Debt Collectors Get More Desperate!

It’s crazy!  As the economy gets worse, debt collectors get more desperate.

A Boston man suffered a stroke and was out of work for 2 months.  Therefore, leaving his wife to carry most of the family’s financial burden.  As most families are often forced to do, they were living paycheck to paycheck – paying only their necessities on a Sears MasterCard.

Unfortunately, the mastercard debt went up to a $10,000 balance.  The couple did their best to pay the card.  However, when the couple only missed one payment, the interest rate skyrocketed to 29%.  This in turn contributed to the debt swelling to almost $15,000.  Making the payments rise and making it harder and harder for the couple to pay.  Eventually, the mastercard was sold off to Leading Edge, a third party debt collector.

Given today’s economy, Leading Edge’s abusive telephone calls forced the couple into a lawsuit.  It was the only way to get this company to stop.  In the complaint the couple alleges that the debt collector used profane language, threatened to seize their home and car.  The couple also alleged that Leading Edge contacted their neighbor and a relative and discussed this debt.

The couple complains that Leading Edge’s tactics drove them into emotional wrecks.  According to the wife, they work multiple jobs and try to do their best.  But when Leading Edge was asked to discuss this matter, of course, they declined to discuss the case.

Like many consumers, today, the husband (a truck drive) and the wife (a nurse) are struggling to hold onto their home and to get themselves of their current credit card debt. 

If you, like many are struggling to do your best, but are being contacted by third party debt collectors – please contact Jeff for help and information that you need to know!


1/4/2009
Jeff Suher
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Pennsylvania Consumers - What You Can Do to Make a Difference!

Consumers can make a difference by educating themselves about their rights. 

Abusive debt collectors can and should be sued!  Credit agencies can and should be sued!

The long term difference will be made when we all start taking action!  Here is a page from NACA (National Association of Consumer Advocates), which discusses what YOU can do to make a difference, and Join the Fight!

 

 



1/4/2009
Jeff Suher
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Local Complaints About Debt Collectors Have Doubled in Pittsburgh

Pittsburgh's better business bureau has seen a whopping 50-percent hike in complaints about debt collectors. While experts say don't ignore your debt, you don't have to put up with threatening calls.

People in pittsburgh are losing sleep over the threats from debt collectors. Crystal Rathbun from Spring Garden owes about 15 hundred dollars in credit card bills. "Sometimes they call like four times in a row...you can't even hang up on them because they call right back," said Rathbun.

Watch this local Channel 11 News Story to hear more about debt collection in Pittsburgh and how to STOP IT!



11/17/2008
Jeff Suher
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National Action Financial Services, NAFS - Typical debt collection company and numerous consumer complaints!

National Action Financial Services, otherwise known as NAFS is another typical debt collection company trying to collect on old debt for which they purchased for pennies on the dollar.

Along with many other debt collection companies, NAFS violates the Fair Debt Collection Practices Act while trying to harass consumers on the telephone, demanding a checking account number OR ELSE they will garnish wages.  HUH!  What a crock.  

People, be aware, debt collection companies CANNOT garnish your wages for an old credit card debt or old cellular phone bill.

Follow this link to RipOff Reports, a website by consumers for consumers, to view numerous consumer complaints about National Action Financial Services.  You are not alone!


11/17/2008
Jeff Suher
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A Need to Know Debt Collection Tactic to Harass and Threaten you into paying an Old Debt

A debt collection tactic that FDCPA attorney, Jeff Suher wants you to know about!!

O.K., debt collectors can be sleazy - but this tactic is one that takes the cake.  
Let me simply put a scenario together for you.....

A debt collector contacts a consumer about an old debt and requests thousands of dollars, as they often do.  A lot of times the consumer cannot afford to pay a lump sum of thousands of dollars and will request monthly payments.  

Debt collector will ask the consumer to hold while he or she "speaks with a Manager". (ha ha)
Debt collector unfortunately cannot accept monthly payments without first receiving an initial smaller (somewhat smaller) lump sum payment.  (Isn't this debt collector so generous? Besides he only paid pennies on the dollar for this debt (that is probably several years old) and now wants the entire amount of money back from you!)

Anyway..... consumer again cannot afford the smaller lump sum payment.
Debt collector says,  "No problem (at this point he is your best friend) just give me a checking account number to put into my system and then I will be able to secure this offer and allow you a couple weeks to get a loan or borrow money for the lump sum payment."
Consumer "I do not have that much money in my account"
Debt collector:  "Don't worry, we are not putting anything through, we will just hold this for two weeks, while you get the money"  "Nothing will go through"  
The debt collector will probably tell the consumer that this is the only way he/she can take advantage of this ONE TIME OFFER!

In some circumstances, this may be true.  The consumer may come up with the money, and the debt collector may NOT ever run an electronic check through the account.  

However, in other circumstances the consumer will not be able to come up with the money. And the checking account number could "accidentally" fall into another department and get put through the bank.
If there are no funds and the check is returned NSF - the debt collector could possibly call the consumer and threaten to turn consumer over to the District Attorney's office for writing a bad check.  Yes, even though the consumer TOLD the debt collector not to put the check through.

This is a tactic to scare the consumer into coming up with the money to avoid jail time for writing a bad check!!!!

STOP DEBT COLLECTION HARASSMENT!  Contact Jeff, to pursue your rights under the FDCPA.




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Fair Debt Collection Practices Act for Pennsylvania Consumers:

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Fair Debt Collection Practices Act for Pennsylvania Consumers

Do you Know What's on Your Credit Report? How to obtain a free report and file disputes...

Fair Credit Reporting Act for Consumers Rights

Government Student Loan Rehabilitation

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