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This Is Guaranteed To Stop Creditor Harassment

With so many consumers falling behind on their unsecured debts, and in many cases completely defaulting. This of course has led to a marked increase in collection activity. All one has to do is look at how many searches are performed daily on "creditor Harassment", and "Exempt Income".

Just think about it. If a collector pulls your credit report and determines that you are not worth suing, then their next only option is to call you on the telephone, and hope to squeeze a payment out of you. Often times violating the Fair Debt Collection Practices Act, also known as the FDCPA.

It is important to note that this act applies to 3rd party debt collectors, and not the original creditor. Although at some point after a default, the original creditor will sell or charge off the debt to a 3rd party debt collector. Usually after 120 to 180 days of non-payment.

Violations of the FDCPA are punishable by fines of up to 1000.00 dollars per occurrence. So, how do I get the money you ask? Well, first you have to have a true provable violation of the act. This is not as difficult as you may think. For example: The law requires that a debt collector disclose the following information in every phone call: 1-The name of their company. 2-The name of the debt collector. (Often Violated) 3-That they are debt collectors. 4-If it is a first communication, they must state that they are debt collectors, and any information obtained will be used for that purpose. (Also often violated).

This is just a tiny sampling of violations. So, how does all this help you? Very simple. Their is a new very specific program called "Collection Protection", which for no money upfront, will enroll you, educate you, and then take your violation cases to court on your behalf, and split the recovery with you! So even if you cannot afford a Debt Consolidation or Debt Settlement Program, you can most definitely afford the FDCPA Violations Program.

If you would like to learn more or would like to enroll, which takes only about 5 minutes on the phone, simply call 877-766-2465, or visit: STOP COLLECTION HARASSMENT.

There you have it. Now you have no excuses not to take control of the situation.

Written By:
Steven Ciantro
Certified Credit Counselor
American Debt Enders
help@americandebtenders.com
877-766-2465

Automated Debt Lawsuits--How To Defend Yourself From Creditor Lawsuits

The following article recently appeared in the NY Times entitled Automated Debt Lawsuits Engulf Courts. It is an excellent article, and points out why it is currently fairly easy to win a case against a "debt collector in court. As the article points out, debt collectors are utilizing automated computer programs to file 10's of thousands of Creditor Lawsuits per year. The problem for them is that their is no verification of the debt mentioned in the suits. They are simply banking on you not showing up in court so they can obtain a default judgment.

For you, the debtor, this is a great advantage in helping you defend yourself. First, you must file an answer to the lawsuit. By requesting the proper debt validation information from the collection attorneys, you stand an excellent chance of having the case thrown out. How so? you ask. When the original collector sells the debts to the collection companies, they do not transmit any proof, showing that you actually used a credit card. Just your name, social, address, amount of debt and whether or not the account is still accruing interest. And that's what goes into the complaint against you. This is still America, where is the proof?

If you craft an answer requesting this documentation, you stand an excellent chance of winning your defense, if you have not admitted to the debt. The collection attorneys, will most likely, not be able to produce it. The Fair Debt Collection Practices Act says you are legally entitled to it.

Because the courts are becoming so clogged with these cases, the FTC has weighed in with an opinion, stating that they would like to see states make it mandatory for the collection attorneys to have to provide this information upfront, in the suit, before filing. Whether or not this actually ever happens, is anyone’s guess. But, for now, you the debtor has a tremendous advantage, if you are willing to do some homework.

If you would like to see what self help ebooks are available on these topics, please visit: Debt Relief Self Help Ebooks. or, if you would like a FREE Consultation with a debt counselor to learn about all your options, visit:FREE CREDIT COUNSELING.

If you would like to subscribe to this newsletter, visit: The Free Credit Counseling Newsletter, and simply leave your email address. We do not ever share your information.

Written By:
Steven Ciantro
American Debt Enders
Member National Association of Certified Credit Counselors
hel@americandebtenders.com
877-766-2465

Pay Garnishments Increase On Debtors, So Why Not Try Debt Settlement

As more and more debtors just ignore their debts, and credit card statements, because of their inability to pay, collection activity and pay garnishments are increasing dramatically, according to a: NY Times Article. As I have often written, the worst thing you can do, if you cannot afford your payments on credit cards, or anything else, is to ignore your mail. This is exactly what collectors and creditors hope for. It makes it very easy for them to get what is called a "default judgment. This is a judgment issued by a court because you simply failed to show up, or answer a complaint.

If a collector is awarded a default judgment, they can, and often do, not only add on unreasonable fees, to your unpaid balance, but also go straight after your salary. Be aware, that while state laws differ as to how much they can take, if you are not a minimum wage worker, often it is as high as 25%.

If you are like most people, chances are you cannot live after losing 25% of your gross pay.

The good news is that this horror story is totally avoidable. Their are many steps you can take to back off a creditor or collector, legally. If you are in this situation, you can start by visiting: Stop Creditor Harassment. Here you will find a step by step guide on How to answer a creditor lawsuit.

If you have many creditors and would like to explore the possibility of entering a: Debt Settlement Program in which you will be represented by legal counsel, if you get sued by a collector, while your debts are being negotiated down, please feel free to call us at: 877-766-2465 to have a no obligation Free credit counseling consultation about your options.

Excellent debt relief help is readily available.

If you are reading this and are not already a subscriber to our FREE Credit Counseling Newsletter, Please feel free to subscribe. By doing so, you will receive a FREE Budgeting spreadsheet, to help you gain control over your money. Remember, the newsletter is free.

Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
help@americandebtenders.com
877-766-2465

Can Original Creditors Harass Me With Phone Calls

This is an article that needed to be written. I am hearing from to many debtors that they are being constantly called at their place of employement by the credit card company.This includes asking for the HR department of the debtors’ employer. Again, and very importantly, we are talking in this article about what can be considered by a reasonable person as an unreasonable attempt to collect a debt by the original creditor not a 3rd party debt collector.

Many people mistakenly believe that because the Fair Debt Collection Practices Act which is a Federal law, covers only 3rd party debt collectors, that a consumer debtor has no protections from the original creditor. This is not true. Their are state laws concerning original creditor harassment depending on where you live that clearly prohibit harassment and calls at your place of employment by the original creditor. Not all states are equal in this regard. For example, New York State actually makes it a misdemeanor to do any of the following:

First, NY State Debtor Law defines the creditor as follows: "Principal creditor" means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of said person, firm, corporation or organization.(My Comment: This covers the original creditor).

No principal creditor, as defined by this article, or his agent shall: 1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or 2. Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney's fee, court cost or expense unless such changes are justly due and legally chargeable against the debtor; or 3. Disclose or threaten to disclose information affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false; or

And this one is big 4. Communicate or threaten to communicate the nature of a consumer claim to the debtor's employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor's employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or 5.Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or

Here is another big one 6. Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or

Their are a few more, but these are the biggies for NY State.

So, the bottom line is, if you think you are being harassed or treated in a way that violates the laws of the state you reside in, do your homework, by looking up the law in your state, using the link at the beginning of this article. Then, document, document, everything, and send a strobg letter with your evidence to the creditor and demand them to cease and desist the unreasonable harassment, or you will take the matter further.

Self empowerment is knowing your rights.

If you enjoyed this article and are not currently a subscriber to our FREE Credit Counseling Newsletter please feel free to subscribe. It is free and we never share your information.

If you are in debt, and need free credit counseling advice about whether or not a debt consolidation programor a Debt Settlement Program may be right for you, by all means feel free to contact us. You may also call us at: 877-766-2465.

Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
help@americandebtenders.com
877-766-2465

Are You In Danger Of Losing Your Home To Foreclosure?

Yes, millions of americans are still facing foreclosure,.So, why are you not hearing about it? In a previous newsletter article I explained about the change in the "Mark to Market" rules. This rule change made it beneficial for banks not to put their foreclosures on the market. This is not the topic of this article.

The purpose of this article is to tell you that their is help available, if you are facing foreclosure, and I am not talking about loan modification".

Many loan modifications are scams,and what might shock you is that most of them are never successful.

So, the purpose of this article is to let you know that their is foreclosure help available, that is not a refinance, or any type of new loan, or loan modification, or bankruptcy, But rather uses the law to turn the tables on the foreclosing party, and keep you in your home. Here is a link to a recording that is quite long, but will give you the details on how it works.SAVE YOUR HOME If you are in trouble, and do not have the patience to listen, simply call: 877-766-2465, and we will put you in touch with the proper people.

If you know someone who can benefit from a program like this, please forward this email to them.

In the interest of full disclosure, if you are referred to this program by us, we do benefit financially.

If you enjoyed this article and are not presently subscribed to our FREE CREDIT COUNSELING NEWSLETTER. and simply leave your email address. We never share your information.

Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
877-766-2465
help@americandebtenders.com

Free Legal Resource For The Debt Oppressed

As you know if you are a regular reader of this newsletter, we are always looking for resources to self empower you, the reader.

Well, we have noticed that the number of visits to our American Debt Enders, Creditor Legal Resources Pageare growing dramatically. Clearly, as a result of rising unemployment, extortionist tactics being employed by the banks and collection companies, more and more people are seeking free legal advice, to extricate themselves from debt and other ensuing problems.

We have located a site that provides Free legal information. The website address is: FREE LEGAL INFORMATION.They also publish a FREE Newsletter, which you can easily subscribe to.

Unfortunately, we live in a time when the average person finds themselves in positions they never believed they would be in. You work hard, but somehow you have found yourself beholden to your creditors, or something worse has happened as a result of the ensuing stress. If you know someone who is in this situation, please be kind and forward this email to them.

If you enjoyed this article, and are not a subscriber, please feel free to visit: FREE CREDIT COUNSELING NEWSLETTER and become one. We absolutely never share your information. If you have a debt problem, please feel free to call us using the contact information below.

Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
Help@americandebtenders.com
877-766-2465

Collectors Getting More Sophisticated to Protect Against Abuse Lawsuits By Debtors

I just received am email from a company called "Colombia Financial International". The title of the email is "Protect yourself from FDCPA and FCRA lawsuits."It is addressed to debt collectors and creditors and states that over 500 new cases against these groups are filed each month by debtors.

Here is a quote from the ad: "In partnership with Columbia Financial International, WebRecon's FDCPA Litigant Alert empowers you to protect yourself from overly-litigious debtors by allowing you to compare FDCPA/FCRA litigants nationwide with debtors in your own database. Find out immediately if you are collecting against anybody with a history of suing collection agencies."

Yes, they maintain a list of debtors who file lawsuits against the collection industry for abuse. As debtors become more and more knowledgeable about their rights, more lawsuits are filed and won. This makes it more and more expensive for collection companies collect on a debt and make money. If they know they are collecting on someone who knows their way around the courts, they might be more on guard and more inclined to settle.

They also list all the new lawsuits each month, so collectors can get a feel for exactly what items are being sued for. Certainly, we cannot blame the industry for trying to protect itself. just as they cannot blame debtors for insisting that their rights not be trampled on. Generally, debtors only sue, if the collector is particularly obnoxious and impossible to deal with in a civilized and reasonable manner.

Here is the website which is offering this tool to collectors:Collection Lawsuit Tools I list it here so you can become more informed. Remember, you are in a battle,if you are trying to become debt free. As all my readers know I never suggest for anyone to try to beat the system, however, If you are enslaved by debt you need every tool at your disposal.

If you need information on what to do if you are being sued or harassed by a creditor, please visit our website: American Debt Enders and click on the Legal Resource Page. You can also subscribe free to our FREE Credit Counseling Newsletter while their. And as always, please feelfree to contact us using the information below if you have questions. We would love to hear from you. Written By:
Steven Ciantro
Member National Association Of Credit Counselors
American Debt Enders
Help@americandebtenders.com
877-766-2465

Original Creditor Suing After Account Charged Off

    Here it comes, another article on creditor lawsuits. You may be asking yourself
why so many articles on this topic? Well, the answer is that if you are in debt then
you are in a war. The more accurate information available to you the more weapons
you have available to win.

   I have seen a great many posts in chat rooms, and other blogs, that is simply not accurate.
This is not good. One particular topic which has been and continues to written about is whether
or not an original creditor can still retain the right to sue you as the original creditor, after a charge off. For example, lets say Capitol One charged off your credit card account for non-payment
180 days after you made your last payment, and it shows as such on your credit report.
Then, out of the blue you are subpoenaed by a law firm, say, for example, Rubin & Rothman,
listing Capitol One as the plaintiff. A number of articles on the internet say that this is fraud
on the part of Rubin & Rothman, because the account has been charged off by Capitol One.

   This assessment is incorrect. Capitol One, unless they outright sell the account for money
to a debt collector, still retains the rights of the original creditor, and can hire a law firm to
collect the debt.

   So, if you find yourself in this situation, and you have already been served a subpoena,
make sure you answer it. Please visit the Creditor Lawsuit Resource Page  of the American Debt Enders website.

   We like comments, so please feel free to post one.

Written By:
Steven Ciantro
Member National Association of Credit Counselors
American Debt Enders
Help@americandebtenders.com

This article may be reproduced in full provided the entire signature line is used, including
this permission line.

Handling Creditor Lawsuits

     People in debt need serious advise and help in this area. While I am not an attorney
and cannot offer legal advice, I can certainly point you to legal resources to help and
empower you as to how to handle a lawsuit brought about because you defaulted on a
credit card.

    Obviously, you defaulted because you did not have the money to repay according to the
original terms you agreed to. And if a lawsuit is instituted against you, it is most likely
because you could not come to terms with the creditor or the creditors attorney's. People like
Rubin & Rothman, Capitol One, and on and on. So, when you are first notified that the debt
is in the hands of a collector, or collectors attorney, and talking to them has failed to resolve
the matter in an affordable manner, you can significantly slow things down by requesting a debt validation. Click here for samples of a debt validation letter. A well written validation letter,
can buy you a great deal of time and maybe even can make the debt go away, if the creditor 
cannot produce the required information.

    If the validation is answered, and you are served a subpoena, then simply answer it.
The civil clerk's office of the courthouse where you were sued, can give you everything you
need to file an answer to a subpoena from a creditor. It is not complicated, and it puts the
ball back in play by you. Once you file an answer, the creditor looses the ability to use heavy
handed scare tactics, because your case will most likely go to mediation. This will take time.
You can during this time, save up some money, if possible, to go to the mediation equipped
to get a fair settlement. If, the amount of the suit is to great, it will give you time to find
a lawyer who specializes in Creditor and consumer lawsuits. This is very important. The attorney you
hire, must be skilled in this area, or, you are waisting your time. These specialists, often do
not charge huge fees, and can work wonders in terms of helping you, because they know the law,
and, are most likely known to the creditors and there attorneys.

   Some additional points. Whatever you do, do not ignore any correspondence you receive
from a creditor, even if it comes registered mail. You are better off dealing with the issue.
Do not let a debt collector intimidate you, document in writing all conversations you have with them.
If possible, record the conversations. If they violate the Fair Debt Collection Practices Act, and you
can prove it, you may be able to offset your debt with monetary damages against them.

   It is a sad day when a debtor who has a life crises that does not permit them to adhere
to the original terms of a credit card agreement, cannot find cooperation from the creditor.
The same creditor who is charging you outrageous fees and interest to begin with. Please do not
misunderstand, I am all for personal responsibility. But I am also a believer in morality and ethics.
If your creditor will not do the right thing by cooperating in trying to reach a manageable payment
agreement with you, then by all means, you need to pull out all the stops when defending yourself.
  
  If everyone in this situation fought back hard, I believe we could change the way usurious creditors and there hired guns operate. Think about it, when the banks experienced a monetary crises
they cried like babies for a federal bailout, however, when you experience a legitimate crises,
they look to nail you to a wall, rather then cooperate with you. Arm yourself, and win the battle.

This article does not constitute legal advice and cannot be used as a substitute for same.

Written By:
Steven Ciantro
www.AmericanDebtEnders.com
Help@americandebtenders.com

This article may be reproduced in its entirety provided the signature line including this permission line are included.