Seek out a free legal service and ask them to explain the Fair Debt Collection Practices Act (1996):
" * Have you been harassed by debt collectors?
* Are you getting constant phone calls and letters from a debt collector?
* Have you been threatened with lawsuits, wage garnishments?
* Is a debt collector reporting false information on your credit report?
* Have debt collectors insulted you, or used obscene language?
* Have they lied to you?
* Have they contacted your friends or relatives?
* Are they harassing you at work?
If you have been the victim of Collection Abuse you may be entitled to sue the debt collector and receive compensation.
Federal and New York law protects consumers against unfair, deceptive, and abusive debt collection practices. The primary law that protects consumers is the Fair Debt Collections Practices Act (FDCPA). This law protects consumers from being harassed or mislead by debt collectors. The FDCPA allows consumers to sue debt collectors for deceptive or abusive conduct.
Make the Debt Collector Pay Legal Fees."
Fair Debt Collection
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
* use threats of violence or harm;
* publish a list of consumers who refuse to pay their debts (except to a credit bureau);
* use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
* falsely imply that they are attorneys or government representatives;
* falsely imply that you have committed a crime;
* falsely represent that they operate or work for a credit bureau;
* misrepresent the amount of your debt;
* indicate that papers being sent to you are legal forms when they are not; or
* indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
* you will be arrested if you do not pay your debt;
* they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
* actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
* give false credit information about you to anyone, including a credit bureau;
* send you anything that looks like an official document from a court or government agency when it is not; or
* use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
* collect any amount greater than your debt, unless your state law permits such
a charge;
* deposit a post-dated check prematurely;
* use deception to make you accept collect calls or pay for telegrams;
* take or threaten to take your property unless this can be done legally; or
* contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector 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, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.
2007-01-12 16:33:19
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answer #1
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answered by Anonymous
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I believe you made a major mistake. If a bank was suing you, its a civil matter and therefore the police cannot get involved. It is not a criminal act to owe someone money. You should have told him to send you something in writing otherwise you couldn't continue this conversation and hung up the phone if he continued to pressure you to give info. I'd call your bank first thing in the morning, although I don't know if you'd be able to get any money back since you willingly gave them your information. Good luck though & next time be more careful about what information you give to people on the phone. Many scams are perpetrated exactly the way you described: sheer bullying.
2007-01-12 16:23:27
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answer #2
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answered by aston184 4
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Don't ever give out that information on the phone. Call the police and report them (do you have caller ID). Take all the money from your account and freeze it. Open an account with a new bank and don't put any money in the old one. You will most likely get bounced check fees but try to get the bank on your side. He probably wasn't a lawyer at all just a bill collector. Next time they call blow a whistle in their ear and tell them to stop harassing you and hang up!!!
2007-01-12 16:23:08
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answer #3
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answered by s_k_wilson1990 3
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This could be a maybe legit bill collector(they can be bullies) or this could be an identity theft scam.They have been doing this by calling people saying they are the police and they have a warrant for your arrest because you didn't show up for jury duty, then they demand you give them your social security number and birth date....Sounds like a similar scam. CCS would maybe be Consumer Credit Counseling Service...I think you need to call your bank security and report this and change your checking account number and close out the other account.
2007-01-12 16:23:07
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answer #4
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answered by Anonymous
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Never give anyone like that your information. He was just trying to get some money out of you. If you were being sued then you woulda gotten a summons to appear in court. Next time get his information and phone number and then call the police and tell them you are being harassed and threatened by a creditor......do this right away. Then close your bank account ASAP.(actually do this first)
2007-01-12 16:19:52
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answer #5
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answered by vixendreamz4u 2
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You just got scammed. CALL YOUR BANK NOW and close that account. They are now going to take everything out of your account and they may wait until you have more money in it. If you don't close the account NOW you will deal with more trouble than you can imagine. You should have just hung up on the guy. Never deal with banking issues over the phone or online. Banks will only talk to you about these things face to face.
2007-01-12 16:22:00
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answer #6
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answered by Trollkepr 4
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I would put a stop order on the check and cancel the account then start a new account. Because you are a woman or girl, the CCS cannot run roughshod over you. Do not ever give anyone your tracking number unless you are sure it is to the proper agency. IE, phone check.
2007-01-12 16:30:43
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answer #7
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answered by gyro-nut64 3
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Call the bank. Your bank account is officially empty. Call the police because you have been a victim of identity theft. Some @sshole calls you again, keep him on the line for a minute and then say, "Yes officer. It's him. Thanks for tracing this call" and hang up. By the way, you're an idiot to let people speak to you that way. I'd have made him have a heart attack with MY response.
2007-01-12 16:20:38
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answer #8
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answered by Anonymous
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okay, he definitely sounds kinda fishy! i would suggest you contact the police and ask them for help!! i don't think ppl from the bank act the way he did and if he is from the bank he shouldn't act that way! honestly, i would contact the cops! i think he just was trying to scare u when he said was gonna send the cops over. i think he could be a major con! please contact someone who can help u before anything else goes wrong! tell someone u know that can help u or ask for help/advice from a lawyer. okay do something fast!!! good luck:) i hope everything turns out to be okay!!!!!!!
2007-01-12 16:22:17
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answer #9
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answered by Anonymous
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Where I live CCS stands for Credit Counsel ling Service. Never ever give your banking info out like that.
2007-01-12 16:24:06
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answer #10
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answered by Anonymous
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It's time to get legal help ASAP. Especially after you gave them your check number. My grandmother went with an organization called Freedom Financial Law. I've posted the link for you. Whoever called you broke about 15 collection laws. Call FFL right away.
2007-01-12 16:20:57
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answer #11
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answered by Anonymous
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