debt
collection
agency
please
legal
fdcpa
laws
recording
check
gov
valid
They sent me a collections letter. I thought someone opened a fraudulent account in my name. I checked the credit bureaus and there is no such account. Nice try.
 Feb 16th, 2019
Same as last month. Hangs-up when machine answers.
Tom
 Sep 30th, 2015
Hangs up when answer machine picks-up.
TM
 Aug 31st, 2015
This is a collection agency, they used a tx number 972-773-3473 to trick you to answer, didn't work.
roadrunner
 Sep 06th, 2012
Penny Smith needs to reach me. Gave me 4 options. I chose option #5, which is to hang-up.
jhbvta24
 Aug 22nd, 2012
The caller is ER Solutions. See this Florida lawyer's website for full details on this company. http://www.fdcpa.me/er-solutions-collection-agency/
Bob
 Dec 14th, 2011
This number keeps calling me non stop every single day. I have no clue who these people are or as to why they continue to call. They need to STOP!!
DR
 Nov 21st, 2011
Shaggya: The ''someone'' who ''needs to do something'' is in your mirror right now. You have rights and options under FDCPA as Martha indicated, and possibly TCPA. You and Pryusz can revoke call permission whether or not this collector has a valid debt claim.

Learn how to exercise your FDCPA rights as an alleged debtor at FTC-dot-gov.
http://www.ftc.gov/os/statutes/fdcpajump.shtm

I have addressed PetMommy's reckless circus poster essay in the following threads:
http://whocalled.us/lookup/866-460-9016
http://whocalled.us/lookup/727-556-7300
Resident47
 Sep 25th, 2011
These people are hounding me day and night. They are a scam and will try to get your social security number. Someone needs to do something about them.
shaggya
 Sep 22nd, 2011
Received 2 calls to my cell phone. A voicemail was left by an automated recording on the second call which said (Please hold for next available representative. It is important that we talk to you). My cell then disconnected due to silence. I have no debt and I don't give out my cell number for public use. I added the # to my 'Block' list and assigned a MUTE ringtone. They can waste their time all they want.
Pryusz
 Sep 20th, 2011
1-877-495-0400
JUNK DEBT BUYER - FDCPA VIOLATOR

1) Never assume they have a VALID DEBT OR LEGAL RIGHT TO COLLECT

2) Debt collectors MUST FOLLOW your STATE laws regarding licensing. Check your Secretary of State for licensing requirements for ANY collection agency that contacts you

Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS

READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE

You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!

These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx


Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm

Statute of Limitations by State – always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm

Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.

What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.

Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans’ Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009

File complaints with

Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY – use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE’S CRACKING DOWN AND SHUTTING THEM DOWN!

Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
Martha
 Mar 29th, 2011
Debt collectors or Collection Agencies – - do not fall under the Do not call registry.

These jerks will & do call on weekends even though it is against Federal Laws. When they call, I like to click on talk, then immediately on end. I know it has to bug them. On weekends I will answer with ,” You are in violation of Federal Laws, and I will sue you for $1,000.00 for each call! Yes, it is legal to sue for $1,000.00 each violation. Please keep reading the rest of my post.

However, Federal Law says you don't have an obligation to Collection Agencies or Debt Collectors; you can send them a written letter and they cannot contact you after that. They also have to contact you within 5 days after the first phone call, letter etc., and give you validation/proof or judgment of the debt. You are not required to ask for it.

This law is known as the Fair Debt Collector Practices Act. You can get it at FTC.gov; as well as other Consumer Protection Laws.

Most collection agencies, purchase your delinquent debt for pennies on the dollar. Guess what? It is no longer your debt!!! You don't have any agreement/contract with the debt collector or collection agency. Your only agreement/contract was with the original creditor.

In the Law of Novation: if a debt is purchased by another, for that to be a legal owed obligation, a new contract / agreement has to be written and signed by all parties. Google Law of Novation and read up!!!

No I am not an attorney, just a well knowledged, educated consumer. I have spent the past year studying various Federal Consumer Protection Laws. I wasn't just satisfied knowing I could send a letter to a Collection Agency/Debt Collector and they had to go away. I read that in the Fair Debt Collector practices Act law; I needed to know why, what law tells me the reason why I can.

Everything I have typed, I have learned basically on my own through reading, studying, printing out and binding the laws and underlining them. Not to mention the knowledge I have gained on my own fighting two lawsuits without an Attorney.

I was sued by a Collection Agency, and waiting for a Court date. The Collection Agency Attorney, sent us a letter willing to dismiss with prejudice our lawsuit, if I dismiss our Cross/Counter Claim for Fair Debt Collector Practices Act violations. Oh, I forgot to mention, we do not have an Attorney representing us; and I have not had any legal experience, in the past whatsoever.

I have read / printed & bound, my State's Rules of Civil Procedure and Rules of Civil Procedure - Evidence. I catch Attorneys on violations of State Rules of Civil Procedure all the time. And our Judge's let them get away with it.

And Mr Collector dated July 31, 2008, it appears that you have never had your life turned upside down, because a good job, not high paying by any means, but a supposed secure job, got your hours cut by 3/4. And then a couple years later, as you are just recovering, you lose that job. And when you are in your 50's, a new job is not so easy to come by. And when that happens, then what? Or what about a major illness, guess you've never had that either - too bad. Maybe if you did, you'd understand why and how people end up getting in financial straights. Not because they chose to, or decided they were going to find loopholes to get out of paying obligations etc.

What if the money isn't there to pay these debts to begin with? We've been barely able to pay a mortgage, let alone credit cards etc. It's easy to tell someone else what to do. I hope someday, something throws your secure little world off its axis, and you find yourself in the very situation as some of us here. Maybe then you'd learn it isn't such a cut/dry situation.

Oh, we've struggled. And the job last hasn't exactly been replaced. We're still behind in our Mortgage and trying to catch up, as with our other legal obligations. I can't work because of various health conditions, or I would, including a part time job at least. My husband started his own company with the tools of the trade, and now contracts for copier, computer, IT technical jobs as he has a computer science degree, and has years of experience in the others, especially the wide format copier / printers / computers.

People, please read the Fair Debt Collector Practices Act; if a Debt Collector violates any one harrassment or other law in there; Federal Laws says you can sue them for $1,000.00 per violation. Do it, and then THEY can pay off YOUR obligations!!!

And to the Collector's who follow the rules. Remember these people probably don't actually owe, the money your company is trying to collect.
If your company bought the debt, from the original creditor - they don't legally owe you/your employer!!!

Again I am not an Attorney - but have learned these by my own experiences. Their are Attorneys you could talk to, and I would, if any violations of the laws have occured in your circumstance. I am posting this strictly to help others maybe have a piece of mind, if they are up all night worrying about financial problems, and sick to their stomach in worry as I have been, and still are in some ways. I am again just a well informed, knowledgable consumer, who has spent hours studying the laws, because I had no where else to turn for help. If anything I have written, causes you questions, please seek the advice of an Attorney.

Certain situations such as Mortgages and Car Payment loans usually do not apply here; so you may need to seek the advice of a Lawyer for your individual situation.

© copyrighted by petmommy 2009 All rights reserved
tlcpetmommy@gmail.com
petmommy
 May 20th, 2010
This is a collection agency. They are trying to collect on a debt that is over four years past the legal deadline. It is already off my credit report. Check http://www.cardreport.com/laws/statute-of-limitations.html for your state before you agree to pay, if you have an old debt.
Bruce
 May 20th, 2010
Did not leave a message
annoyed
 Apr 20th, 2010
Recording..dumb..doesn't realize that the call went into VM. "Please hold..it is important that we speak with you." Over and over again...GET A LIFE.
peeved
 Feb 18th, 2010
No message--just electronic hum on the message.
Pestered
 Sep 29th, 2009

16 Comments