How To Stop Creditors Harrassing Phone Calls

A FREE Consumer Combat Manual

Compliments of Attorney Sullivan

Action Advocacy Law Office
I Crouch St.
Groton, CT 06340
(860) 449-1510

Disclaimer
Booklet is intended as general information. It is not been designed to replace legal advice
from attorney. There may be factors present in your situation that makes the information
contained in booklet inapplicable.

Copyright 1996
HOW TO STOP HARRASSING PHONE CALLS
A CONSUMER COMBAT MANUSCRIPT

TABLE OF CONTENTS
Chapter 1. Questions and Answers
Chapter 2. Quick Steps To Enforce Your Rights!
Chapter 3. What Federal and State Agencies will Help Me Enforce My Rights?
Chapter 4. Sample Letters
Chapter 5. Letter of Petition to Banking Commissioner
Chapter 6. How To Mail Certified Letters
Chapter 7. Telephone & Letters Log
Chapter 8. The Law Explained An In-depth Discussion
Chapter 9. The Ten Most Commonly Asked Questions

QUESTIONS AND ANSWERS

QUESTION 1. Bill Collectors are harassing me. How top them?
ANSWER. Know the law, use the law and the law.(See The Law Explained)
QUESTION 2 Can a debt collector call me at work?
ANSWER 2. No! (See The Law Explained #1)
QUESTION 3. When can a debt collector contact me?
ANSWER 3. Mon-Sun, 8 AM to 9 PM (See The Explained #2)
QUESTION 4. Can a debt collector contact my friends, relatives or
neighbors?
ANSWER 4 No. (See The Law Explained)
QUESTION 5. Can an attorney be a debt collector?
ANSWER 5. Yes. (See The Law Explained #4)
QUESTION 6 Can a debt collector insult me or swear?
ANSWER 6. No. (See The Law Explained #5)
QUESTION 7 What if I do not owe the amount being collected?
ANSWER 7. You have the right to challenge the debt and the bill collector
must give you proof that we it. (See The Law Explained #6)

QUESTION 8 What will happened when I send a letter ending that the Debt
Collector stop contacting me?
SHORT ANSWER 8. They are supposed to stop contacting you (See The
Law Explained #7)
QUESTION 9. What can I do if the Debt Collector contact me after I write a
letter telling him not to contact me?
SHORT ANSWER 9: Sue him! (See Law Explained #8)
QUESTION 10. What if the Creditor tells me that they cant remove
damaging information from my credit report? (See the Law Explained)
SHORT ANSWER 10. Its a lie.
QUESTION 11. Whats a creditor?
SHORT ANSWER 11. A person or company to which you owe money
directly. (Sears, Visa, MasterCard)
QUESTION 12. What is a collection agency or bill collector?
SHORT ANSWER 12. A collection agency or bill collector is hired by the
creditor to collect a debt. (Examples, C.C.S, Global Recover, Collection
Bureau of Conn, etc)
QUESTION 13 Does the Federal Fair Debt Collection Practices Act apply to
both Creditors and Collection Agencies?
SHORT ANSWER 13.No, it applies only to Collection Agencies and not to
CREDITORS! Collection Agencies have to pay $1,000 per violation. (See
The Law Explained)
QUESTION 14. Since the Federal Fair Debt Collection Practices Act applies
only to Collection Agencies, can Creditors harass me?
SHORT ANSWER 14. No! Under Connecticut law it is illegal for a creditor
to harass you. But guess what? There is no penalty (no $1,000.00 penalty as
in Federal law) provided by statute against the creditor for harassing you.
You can write to the Conn. Banking Commission and request an
investigation. If enough consumer s write to the Banking Commission and
sign out petition the Connecticut Law could be expanded to provide for
penalties for the violation of the law. Still its against the law for a creditor
to harass you. Do your civic duty and write a letter of petition to the
Banking Commissioner. See Petition Letter to Banking Commissioner.

QUESTION 15. What constitutes harassment?

SHORT ANSWER 15. Constantly calling you, constantly calling you after
you have written them a letter to stop calling you, threat of violence use of
obscene language, abusive language, threatening to bring a lawsuit which
they dont bring. (See The Law Explained)
QUESTION 16. Is it legal to tape record a telephone conversation?
SHORT ANSWER 16. Under the following conditions it is legal to tape
record a conversation:
1. You did not initiate the telephone call
2. You inform the bill collector who has contacted you that you are
about to tape record the conversation prior to recording. You do not
have to get his permission to tape record. But you must tell him that
you are tape recording the conversation. When you tape record the
conversation, you should start the tape as follows:
Today is _________(date) at _________(time) and this is
__________(your name) speaking and I am speaking at a phone located
at _______________(address). I have informed the Collection Agency
that I am going to tape record this conversation and they are fully aware
that I am tape recording this conversation. Did I tell you Collection
Agency that I am tape recording this conversation? Are you going to
continue talking to me even though you know this conversation is being
tape recorded?
6 STEPS TO PROTECTING YOUR RIGHTS
BE THE RABBIT
1. Get the name and address of the collection agency. You may for this
by being the rabbit. When the creditor calls, you must be willing
obey them. You want to instantly comply with their orders. I realize I
have to pay the bill. Where do I send the payments? Whats the
address? Whats you name? Should I make the check payable to
you? (The answers to these questions are very important.)
2. Once you have the information you need, mail them a letter from one
of the samples in this booklet.
3. You MUST send the letter certified mail.
4. Keep a log of every letter you send out and to whom you mailed it.
Also, keep a COPY OF THE LETTER YOU SEND.
5. Keep a log of every phone call you have received and who called you.

BE THE BEAR
Tape record the conversation.
6. Once you have sent a letter to stop calling and you are called again, it
is time to be the bear, I sent you a letter on DATE, and you are
still calling me. As per my letter, I am now going to record his
conversation on my answering machine. I am now recording. I sent
you a letter on which requested that you stop harassing me. Why are
you still calling me? See Question #16.
FEDERAL AND STATE AGENCIES WHICH WILL HELP YOU
ENFORCE YOUR RIGHTS TO BE FREE FROM COLLECTION
AGENCIES HARASSING PHONE CALLS
DONT HESITATE TO CALL YOUR PUBLIC SERVANTS.
Attorney General Richard Blumenthat
55 Elm St., 5th Floor
Hartford, CT 06106
(860)566-7014
Connecticut Dept. of Banking
Commissioner John Burke
260 Constitution Plaza
Hartford, CT 06103
(800) 831-7225
(860) 240-8299
(860)240-8200 (Consumer Credit)
Department of Consumer Protection
Attn: Complaints Dept
165 Capital Dr.
Hartford, CT 06106
(860)842-2649
(860)566-1543 Complaint Center
(Kimberly Downes) Consumer Information Rep.
Federal Trade Commission
Attn: Mary Haley

101 Merrimac St., Suite 810

Boston, MA 02114
Federal Trade Commission
Bureau of Consumer Protection
Attention: David Medicine
Washington, D.C 20580
(202)326-2182
HOW TO STOP HARASSING CALLS AT HOME
SAMPLE LETTER
Mary Collector, Office Manager
XYZ Collector Bureau
100 Main St.
Anywhere, CT 00000
Certified Return Receipt Requested #Z 847 576 624
RE: Account #__________________________
Creditor:_______________________________
Dear Ms.Mary Collector:
Your agency telephoned me at HOME at approximately
_______________(TIME). I found your phone call to be harassing,
annoying and intimidating. I am trying to pay my bills and straighten out
my current financial situation. However, I do not want ot alk with you and
will not. Please do not call me at work or at home. My employer does not
allow me to discuss personal matters at work and your calls to my home are
very annoying.
NOTICE: In the vent you continue to contact me, I will tape record our
conversation.
Sincerely Yours,
John Jones
21 Elm St.
Anywhere, CT 00000
Cc: Attorney General Richard Blumenthal
Department of Banking

Department of Consumer Protection

Federal Trade Commission.
HOW TO STOP HARASSING CALLS AT WORK
SAMPLE LETTER
Ms. Mary Collector, Office Manager
XYZ Collection Bureau
100 Main Street
Anywhere, CT 00000
Certified Return Receipt Requested #Z 847 576 624
Date
RE Account#______________
Creditor:__________________
Dear Ms.Mary Collector:
Your agency telephoned me at WORK on DATE at approximately
TIME. Please do not call me at work. My employer does not allow me to
discuss personal matters at work.
Further, I found your phone call to be harassing, annoying and intimidating.
I am trying to pay my bills and straighten out my current financial situation.
However, I do not want to talk with you and will not. Finally, I do not want
you to call me at home under any conditions and I forbid you from
contacting neighbors, friends or relatives.
NOTICE: In the event you continue to contact me, I will tape record our
conversation.
Sincerely Yours,
John Jones
21 Elm St.
Anywhere, CT 00000
Cc: Attorney General Richard Blumenthal
Department of Banking
Department of Consumer Protection
Federal Trade Commission

Petition Letter to Banking Commissioner

Commissioner John Burke
Connecticut Department of Banking
260 Constitution Plaza Hartford, CT 06103
RE: Letter of Petition
Dear Commissioner Burke:
PURPOSE: I am writing this letter asking you to amend CGS 243a,
Regulation of Creditors Collection Practices.
REASON: Presently, Connecticut law prohibits harassing of debtors by
creditors in order to collect a debt. However, there is no penalty or sanction
imposed by law for such harassment. I, the undersigned, have either been
harassed by creditor(s) or know of individuals who have been harassed.
However, I/they are powerless to stop the harassment because there is no
effective or practical remedy and/or penalty available to me or them for such
violation under present Connecticut law.
RECOMMENDED ACTION:
I, the undersigned, recommend the following:
1) that Connecticut enact laws which provide minimum penalties for the
violation of CGS 36 243 (b) and regulations there under comparable
to the Federal Fair Debt Collection Practices Act 15 U.S.C 1692k as
follows:
a) $1,000penalty per violation of the Act
b) reasonable attorneys fees
I want to emphasize that the above penalties are a minimum and would
recommend a minimum penalty of $5,000 for each violation plus reasonable
attorneys fees be enacted.
Very truly yours,
John Jones Taxpayer and Voter
21 Elm St.
Anywhere, CT 00000
Cc: Attorney General Richard Blumenthal
Department of Consumer Protection
Federal Trade Commission

SENDING CERTIFIED MAIL

STEP ONE: Write the name of the Collection Agency on line a.
STEP TWO: Write the street address of the Collection Agency on line b.
STEP THREE: Write the city, state and zip code. (Make certain that the Zip
Code is accurate.)
STEP FOUR: Attach the green bottom half of the receipt to the right of the
return address on your envelope.
It costs approximately $2.52 for a one page letter to send it Return Receipt
Requested. I cannot overstate the importance of being able to prove that you
sent a letter demanding that the collection agency stop harassing you. You
must send it return receipt requested. ALSO ATTACH THE WHITE
PORTION OF THE RECEIPT TO THE COPY OF THE LETTER YOU
ARE RETAINING FOR YOUR FILE. The Post Office will fill-in the rest of
the form.
Mr.John Jones
21 Elm St.
Anywhere,CT 00000
XYZ Collection Agency

P 339 684 502

US Posted Service
Receipt for Certified Mail No Insurance Coverage Provided.
Do not use for International Mail (See Reverse)
Sent to
ABC Collection AgencyStreet & Number
Box 54321Post office, State & Zip Code
New York, NY 10010Postage$Certified FeeSpecial Delivery
FeeRestricted Delivery FeeReturn Receipt showing to whom
and date deliveredReturn Receipt Showing to date and
addresses addressTOTAL Postage & Fees$Postmark or Date


Fold all line over top of envelope to

the right of the return address

CERTIFIED

P 339 684 502

MAIL

PREPARING THE GREEN RETURN REPLY CARD

STEP ONE: Write your return address on the front of the Green Card.
STEP TWO: On the front of your Green Card, in the lowere left hand
corner, write the name of the Collection Agency. If you are mailing several
cease and desist letters, its easier to find the letter you send and attach the
Green Card to it, if you write the name of the Collection Agency in the
lower left corner.
STEP THREE: A DDRESS THE NAME OF THE Collection Agency and
the Office Manager or Representative in section 3. Be careful with the zip
code. If its not exactly correct, it wont get delivered.

STEP FOUR: Fill in section 4a with the number, which is on the white form
#3800. This number should also appear at the top of your letter to the
Collection Agency.
STEP FIVE: In section 4b, check off the box with the word certified next
to the square.
You dont have to fill in anything else. The Post Office will take care of the
rest.
Article Addressed to:
XYZ Collection Bureau
100 Main St.
Anywhere, CT 00000

P 339 684 502

US Posted Service
Receipt for Certified Mail No Insurance Coverage Provided.
Do not use for International Mail (See Reverse)
Sent to
ABC Collection AgencyStreet & Number
Box 54321Post office, State & Zip Code
New York, NY 10010Postage$Certified FeeSpecial Delivery
FeeRestricted Delivery FeeReturn Receipt showing to whom
and date deliveredReturn Receipt Showing to date and
addresses addressTOTAL Postage & Fees$Postmark or Date


Fold all line over top of envelope to

the right of the return address

CERTIFIED

P 339 684 502

MAIL

PREPARING THE GREEN RETURN REPLY CARD

STEP ONE: Write your return address on the front of the Green Card.
STEP TWO: On the front of your Green Card, in the lowere left hand
corner, write the name of the Collection Agency. If you are mailing several
cease and desist letters, its easier to find the letter you send and attach the
Green Card to it, if you write the name of the Collection Agency in the
lower left corner.
STEP THREE: A DDRESS THE NAME OF THE Collection Agency and
the Office Manager or Representative in section 3. Be careful with the zip
code. If its not exactly correct, it wont get delivered.
STEP FOUR: Fill in section 4a with the number, which is on the white form
#3800. This number should also appear at the top of your letter to the
Collection Agency.
STEP FIVE: In section 4b, check off the box with the word certified next
to the square.
You dont have to fill in anything else. The Post Office will take care of the
rest.
Article Addressed to:
XYZ Collection Bureau
100 Main St.
Anywhere, CT 00000

UNITED STATES POSTAL SERVICE

First Class Mail
Postage & Fees Paid
USPS

Print your name, address and ZIP Code in this box*

Mr. John Doe

P.O Box 1234
Groton, C+. 06340

PHONE LOG
NAME OF CALLER:_______________________________________
DATE:___________________________TIME:___________________
ADDRESS:_________________________________________________
NOTES:____________________________________________________
NAME OF CALLER:___________________________________________
DATE:_____________________TIME:___________________________
ADDRESS:__________________________________________________
NOTES:_____________________________________________________
NAME OF THE
CALLER:_______________________________________
DATE:__________________________TIME:________________________
ADDRESS:____________________________________________________
NOTES:______________________________________________________
NAME OF CALLER:___________________________________________

DATE:______________________________TIME:____________________
ADDRESS:____________________________________________________
NOTES:______________________________________________________
NAME OF CALLER____________________________________________
DATE:____________________________TIME:______________________
ADDRESS:____________________________________________________
NOTES:______________________________________________________
LETTERS SENT LOG
NAME OF CREDITOR:_______________________________________
DATE SENT: ____________________________________________
ADDRESS: ____________________________________________
DATE RECEIVED RETURN OF GREEN CARD: ____________
COPY OF LETTER IN FILE WITH GREEN CARD STAPLED TO
LETTER: YES/NO
NAME OF CREDITOR: __________________________________
DATE SENT: ____________________________________________
ADDRESS: ____________________________________________
DATE RECEIVED RETURN OF GREEN CARD: ______________
COPY OF LETTER IN FILE WITH GREEN CARD STAPLED TO
LETTER: YES/NO
NAME OF CREDITOR: _________________________________
DATE SENT: ____________________________________________
ADDRESS: ____________________________________________
DATE RECEIVED RETURN OF GREEN CARD: ________________
COPY OF LETTER IN FILE WITH GREEN CARD STAPLED TO
LETTER:YES/NO
NAME OF CREDITOR: __________________________________
DATE SENT: ____________________________________________
ADDRESS: ____________________________________________
DATE RECEIVED RETURN OF GREEN CARD: _____________
COPY OF LETTER IN FILE GREEN CARD STAPLED TO LETTER:
YES/NO

THE LAW EXPLAINED

In order to effectively halt the harassment you are currently experiencing at
the hands of your Creditors it is important for you to have an understanding
of the Fair Debt Collections Practices Act, FDCPA for short. This Act was
passed by the United States Congress on September 20, 1977 in response to
the widely held and accurate belief that Collection Agencies were using
increasingly extreme measures to coerce people into paying their debts.
FACT: Debt Collectors still routinely lie and/or
misrepresent facts to consumers r misrepresent facts to
consumers regarding their rights and their accounts.
One of the most important distinctions made in the FDCPA is the distinction
between Creditors and Debt Collectors. Debts Collectors are covered by the
Act and Creditors are not. What this means to you is that you cannot use the
following information to defend yourself from the ORIGINAL Creditor.
The good news is that the original Creditor generally will not keep your
account for more than 120 day period they will generally assign your
account to a Debt Collector.
FACT: The FDCPA does not protect you from the attempts of
the ORIGINAL Creditor to collect upon their account.
The most important right provided you by the FDCPA is the right to end
ALL contact with the Debt Collectors simply by sending to the Debt
Collector, via registered mail, a letter demanding that they no longer contact
your either at home or at work. Once this is done the Debt Collector must
cease all contacts. It is essential that this request be made in writing and sent
by way of registered mail, return receipt requested. The Debt Collectors are
not required to honor a verbal request to cease calling and I promise you
they will never receive your letter unless they sign for it. A sample letter for
you to use is included in the back of this booklet. 15 USC 1692c(c) Ceasing
Communications: If a consumer notified a Debt Collector in writing that the
consumer wishes the Debt Collector in Writing that the consumer wishes
the Debt Collector to cease further communication with the consumer, the
debt Collector shall not communicate further with the consumer with respect
to such debt except:

1. to advise the consumer that the Debt Collectors further efforts are
being terminated.
2. to notify the consumer that the Debt Collector or Creditor may invoke
specified remedies which are ordinarily invoked by such Debt
Collector or Creditor or
3. where applicable to notify the consumer that the Debt Collector or
Creditor intends to invoke a specified remedy.
Sending a written demand to the Debt Collector demanding that they cease
further communication with you is your most valuable tool for ending
Creditor harassment. Keep copies of the letters you have sent and keep
notes of every Debt Collector you have notified by mail as well as the dates
you sent those letters out. Save your return receipts! They are your proof
that the Debt Collector did indeed receive your letter.
TEN MOST COMMONLY ASKED QUESTIONS
1. Can a Debt Collector call me at work?
No. The Debt Collector cannot contact you at work once your have informed
them that your employer does not allow you to receive personal calls at
work. It is very important that you make this fact known to the Debt
Collector in a written letter sent by certified mail. You must have
documentation of everything because the Debt Collector will not voluntarily
admit to having notified.
15 USC 1692 c (a)(3)-Without the prior consent of the consumer given
directly to the Debt Collector or the express permission of a court of
competent jurisdiction, a Debt Collector may not communicate with a
consumer in connection with the collection of any debt at the consumers
place of employment if the Debt Collector knows or has reason to know that
the consumers place of employment if the Debt Collector knows or has
reason to know that the consumers employer prohibits the consumer from
receiving such communication
2. At what times can a Debt Collector contact me?
A Debt Collector may call Monday through Sunday only between the hours
of 8:00 AM and 9:00 PM.
15 USC 1692c(a)(1) A Debt Collector may not communicate with a
consumer in connection with the collection of any debt at any unusual time
or place or a time know to be inconvenient to the consumer. In the absence

of knowledge of circumstances to the contrary a Debt Collector shall assume

that the convenient time for communicating with a consumer is after 8
oclock A.M and before 9 o click P.M local time at the consumers location.
3. Can a Debt Collector contact my friends, relatives or neighbors?
Without your permission or the permission of a court of law, the Debt
Collector may not contact any individual concerning your debt. However,
the Debt Collector may contact a third party for the sole purpose of
obtaining your address. Furthermore, the Debt Collector generally cannot
communicate with that Third Party more than once, nor can they reveal who
they work for unless specifically asked by the person they have contacted.
15 USC 1692c (b) Except as provided in section 1692b of this title, without
the prior consent of the consumer directly given to the Debt Collector, or the
express permission of a court of competent jurisdiction, or as reasonably
necessary to effectuate a post judgement judicial remedy, a Debt Collector
may not communicate in connection with the collection of any debt, with
any person other than the consumer, his attorney a consumer reporting
agency if otherwise permitted by law, the Creditor, the attorney of the
Creditor or the attorney of the Debt Collector 15 USC 1692 b Any Debt
Collector communicating with any person other than the consumer for the
purpose of acquiring location information about the consumer shall:
(a) Identify himself, state that he is confirming or correcting location
information concerning the consumer and only if expressly requested,
identify his employer.
(b) Not communicate with any such person more than once unless
requested to do so by such person or unless the Debt Collector
reasonably believes that the earlier response of such person is
erroneous or incomplete and that such person now had correct or
complete location information
4. What if the Debt Collector is an attorney? Any attorney who collects two
or more debts a year is a Debt Collector. This means they are covered by
the FDCPA and, therefore, you can put a stop to their harassment with a
simple written request, sent via registrated mail, that they cease all
communication with you. Furthermore, an attorney who is not licensed
to practice in the State of Connecticut cannot sue you here and the
FDCPA requires that any law suit against you be brought either where
you live or where the contract was signed.

IMPORTANT NOTE: In cases where the main purpose of the suit is to

recover collateral for the loan, the suit may be brought where the property
is located. (e.g. Foreclosure)
15 USC 1692i(a) Any debt Collector who brings any legal action on a debt
against any consumer shall
(1) In the case of an action to enforce an interest in real property
securing the consumers obligation, bring such action only in a
judicial district or similar legal entity in which such real
property is located; or
(2) In the case of an action not described in paragraph
(1) bring such action only in the judicial district or similar legal
entity in which such consumer signed the contract sued upon or
in which such consumer signed the contract sued upon or in
which such consumer resides at the commencement of the
action
5. Can the Debt Collector insult me or swear at me?
Absolutely not! The debt Collector is prohibited by the FDCPA from
berating, insulting or swearing at you. You do not have to put up with
incivility from any Debt Collector
15 USC 1992d A Debt Collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any person in
connection with the collection of a debt. Without limiting the general
application of the foregoing the following conduct is a violation of this
section
a. The use or threat of use of violence or other criminal
means to harm the physical person reputation or property
of any person
b. The use of obscene or profane language or language the
natural consequence of which is to abuse the hearer or
reader.
c. Causing a telephone to ring or engaging any person in
telephone conversation repeatedly or continuously with
intent to annoy, abuse or harass any person at the called
number
6. What if I do not owe the amount being collected upon?
You have the right to dispute the validity of any debt that the Debt Collector
is attempting to collect upon. To dispute the debt you must do so in writing

and again I would advise you to send the letter via registered mail. Once
you have sent the Debt Collector notice that you dispute the debt, they must
cease their collection efforts until they verify the validity of the debt with the
original Creditor. A copy of this verification must be mailed to you. A Debt
Collector is entitle to assume, by your failure to dispute the validity of the
debt within 30 days, that the debt is valid. However, your failure to dispute
the validity cannot be treated as an admission of liability on your part by any
court in any subsequent court proceeding
15 USC 1692g(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt, a Debt Collector
shall, unless the following information is contained in the initial
communication or the consumer had paid the debt, send the consumer a
written notice containing-a. the amount of the debt;
b. the name of the Creditor to whom the debt is owed:
c. a statement that unless the consumer, within thirty days
after receipt of the notice, disputes the validity of the
debt or any portion thereof, the debt will be assumed to
be valid by the Debt Collector;
d. a statement that if the consumer notifies that Debt
Collector in writing within the thirty-day period that the
debt, or any portion thereof is disputed, the Debt
Collector will obtain verification of the debt or a copy
of a judgement against the consumer and a copy of such
verification or judgement will be ailed to the consumer
by the Debt Collector and:
e. a statement that, upon the consumers written request
within the thirty-day period, the Debt Collector will
provide the consumer with the name and address of the
original Creditor, if different from the current Creditor.
USC 1692g(b) If the consumer notifies the Debt Collector in writing
within the thirty-day period described in subsection (a) of this section that
the debt, or any portion thereof, is disputed, or that the consumer requests
the name and address of the original Creditor, the Debt Collector shall cease
collection of the debt, or any disputed portion thereof, until the Debt
Collector, the Debt Collector shall cease collection of the debt or any
disputed portion thereof, until the Debt Collector obtains verification of the
debt or a copy of a judgement, or the name and address of the original

Creditor and a copy of such verification or judgement or name and address

of the original Creditor is mailed to the consumer by the Debt Collector.
1962g( c ) The failure of a consumer to dispute the validity of a debt under
this section may not be constructed by any court as a admission of liability
by the consumer.
7. What will happen when I send a letter demanding that the Debt
Collector stop contacting me? Once the Debt Collector receives your
written request to cease all communication only a couple of opt remain.
a)
The Debt Collector may return your account original Creditor.
If this happens, you must wait and see what your Creditor will
do now. It may now possible to negotiate with the Creditor will
do now. I may now possible to negotiate with the Creditor for
the removal of all negative information from your credit report
exchange for either monthly payments or a lump sum
settlement.
b)
The Debt Collector may turn your account on attorney to sue
you. If this happens the attorney either sue you or threaten to
sue you. In any case immediately send a written request to the
attorney informing him that he is not to contact you. If he sues
you and gets a judgement against you. YOU WILL GO TO
JAIL. Failure to pay your Creditors is no crime. Once the
attorney has a judgement he can attempt to garnish your wages,
and if you are a employee this is almost impossible to do, or
plan upon your house, If you do not have a house a Creditor
generally will not place a lien on anything else
Note: In the State of Connecticut, a Creditor may garnish up to 25%
of your wages. However, in almost cases you may ask the court to
order a garnish an amount far less than 25% of your pay. It is unusual
for the judge to order payments of $1 ($15.00 a week, sometimes less.
c)
d)
e)

Your original Creditor may assign your account another Debt

Collector. If this happens simply via registered mail, a written
request that all communication from the Debt Collector stop.
Your original Creditor may hire an attorney you. If this
happens see b. above.
Your original Creditor may up or seek to come to agreement
with you. Once this happens you may contact the Creditor and
work out a settlement of your credit in exchange for the

Creditors promise to remove any negative information from

your credit report. Contrary to what the Creditor may tell you.
THEY CAN REMOVE NEGATIVE INFORMATION
FROM YOUR CREDIT REPORT. If they cannot promise to
remove the information do not work out a deal. At this point
they may already written off your account and may not pursue
further collection
8. What can I do if the Debt Collector violated the FDCPA?
You can sue your Debt Collectors. The FDCPA provides fro violation of the
Act, the Debt Collector may be up to $1,000.00 and be required to pay any
of actual costs arising from the violation. Further more whenever a
successful action is brought, the Debt Collector is required to pay all of the
legal fees and associated with bringing the case.
15 USC 1692k(a) Except as otherwise provided by this section, any Debt
Collector who fails to comply with provision of this subchapter with respect
to any person is liable to such person in an amount equal to the sum of
1. any actual damage sustained by such person as a ___ of such failure;
2.
a. in the case of any action by an individual, additional damages as the
court may allow, but exceeding $ 1,000 or
b. in the case of a class action, (i) such amount for each named
plaintiff as could be recovered under paragraph (A), and (ii) such
amount as the court allow for all other class members, without
regard minimum individual recovery, not to exceed the lesser of $
500,000 or 1 per centum of the net worth of Debt Collector, and
3.
In the case of any successful action to enforce the going liability, the
costs of the action together with a reasonable attorneys fee as determined by
the court. On a finding by the court that an action under section was brought
in bad faith and for the purpose of harassment the court may award to the
defendant attorneys fees reasonable in relation to the work expended and
costs.

9.
What if the Creditor tells me that the not remove damaging
information from credit report?

This is a common misperception among consumers and one fostered by

Creditors. Often, even the individuals working for your Creditors are
unaware that the information they may removed. However, the Fair Credit
Reporting Act requires only that the information reported on your credit
report be true. It does not require that all information be reported. It is
important to know that a Debt Collector cannot remove negative information
placed on your report by the original Creditor. Never pay a Debt Collector
any money should always deal with the original Creditors you may have the
damaging information removed.
10. What is the difference between secured and unsecured debt.?
An important distinction exists between secured and unsecured debt. A
secured Creditor possesses some piece of property that you own. Typical
lien is placed on a car or a home, but it may be on household items such as
t.v.s, computers or jewelry. If you have pledged any piece of property as
collateral for the loan, chances are the loan is secured. Unsecured debts,
you should apply the information you have learned in this booklet, but for
your secured you must be aware of additional factors. If a Creditor has a
lien on any piece of your property, the Creditor the Debt Collector (if
authorized to do so) may bring an action in court to recover the collateral.
Foreclosures and repossessions are the two most common types of collateral
recovery. These can only be prevented by either meeting the Creditors terms
filling. A creditor typically will be less likely to with you and more likely
to repossess or foreclose in instances where they are secured. Our office
would be happy to give you further information on the pros and cons of a
Debt- managements is when you dont file bankruptcy. Of course, everyone
would prefer to be able to pay all of their Creditors as agreed.
Unfortunately, due to a variety of reasons it may not be possible and then
one learns how quickly it may not be possible and then one learns how
quickly many of their creditors can change from all smiles to hard demands.
Remember, you have not committed a crime or done anything wrong. You
have merely found yourself in a situation similar to millions of other good
people. Your Creditors and Debt Collectors will try to intimidate, harass
and annoy you into paying them money you do not have, but do not give in.
Use the information contained in this booklet to help you in straightening
out your affairs. It wont be easy, but it can be done.
For more information visit our website at ActionAdvocacy.com.