Welcome to Creditor Guide
Case Examples Creditor Violations Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
Creditor Calls
from:Highly illegal unless given personal permission by the client or customer, creditor calls beyond the norm can be prevented by state and federal laws. But what exactly is the norm? By the time most nonpaying customers, either by choice or life's circumstances happens to receive collection creditor calls the creditor can become very ugly. For this reason, every attempt to make some sort of arrangements should be done before things get to this point, even though there are situations when the money is simply not there.
The Fair Debt Collection Practices Act (FDCPA) limits the type of legal practices that can be practiced by debt collectors, recognizing that abusive debt collection practices—such as creditor calls--actually have a lot to do with the increase in personal bankruptcies, in marital instability, in the numbers of job loss, and with invasions of individual privacy. Most people do not go into debt on purpose, or for something to do because they are bored. Many situations are at fault: lost jobs, a drop in household income, emergency situations, or death in the family of a major income source.
Creditor calls, depending on the situation, are not the only legal way debt collectors can reach their clients. They actually can contact any friend, family or employers, as long as they do not refer to the debt involved, or imply they are a debt collector. If the client has hired a lawyer, the debt collector cannot make creditor calls or personal visits, but instead is to contact the attorney only regarding the debt. If the creditor is allowed to call, they cannot call before 8 a.m. or after 9 p.m. the client's time. And the most important law to follow is that they cannot call the employer of the client, unless the client gives permission.
The real problem is that most debt collectors realize, or think, that most people cannot afford to take them to court, or have to time or energy to do so—therefore, they do many things that are illegal. But once a person files bankruptcy then the contact is in contempt of a federal restraining order, or "automatic stay". The only way a debt collector can make creditor calls after bankruptcy is if that particular debt escaped the discharge and is not on the bankruptcy list.
What spurs most debt collectors on is that most of them get about 25% of whatever is paid to them—which makes their goal a monetary one, to get a percentage of your money as part of their own income, which accounts for the cut-throat tactics used by many. In the initial stages of collection it does not matter to them whether the bill amount is correct or not, because the collectors of debts will accept the computer amount first. And besides, most of the bill notices that come in the mail are simply computer generated with no signatures involved, but instead having a signature stamp on it.
Case Examples Creditor Violations Specific links
Case Examples Creditor Violations News
Stern v. Marshall: A narrow ruling creating broad problems in the bankruptcy ... - Thomson Reuters News & Insight
 Thomson Reuters News & Insight | Stern v. Marshall: A narrow ruling creating broad problems in the bankruptcy ... Thomson Reuters News & Insight Several of these cases have made it to their respective circuit courts where the three-judge panels have had their opportunity to weigh the litigants' allegations of Stern bankruptcy court violations. The 2nd Circuit has at least twice been faced with ... |
Europe faces difficult search for growth - Salon
 Salon | Europe faces difficult search for growth Salon The Italian Social Movement, which saw itself as the heir of Benito Mussolini's Fascist party, was Italy's fourth largest party in the decades after the war, gaining up to 6 percent in some cases. But mainstream parties refused any alliance with it so ... |
Dispatch investigation | Credit scars - Columbus Dispatch
 Columbus Dispatch | Dispatch investigation | Credit scars Columbus Dispatch When a consumer reports an error, the nature of the mistake is converted to a numeric code, mostly by contract employees overseas, and sent electronically to the creditor. Except in rare cases, no human investigates the consumer's evidence, ... |
Why the Earth Summit failed - International Socialism Journal
Why the Earth Summit failed International Socialism Journal These are permanent, irrevocable economic and social transformations, not merely sporadic cases of extractive plunder, and it is their swiftness and intensity which explain much of the environmental upheaval currently being experienced. |
Jamie Dimon Annihilates the Case Against Reform - New Republic (blog)
 New Republic (blog) | Jamie Dimon Annihilates the Case Against Reform New Republic (blog) Dimon said that, even after the loss, the company is on track to earn $4 billion this quarter, and that the loss barely dents its capital cushion, which exists to protect depositors, bondholders, and other creditors. Fine. But most megabanks are far ... |