The Fair Debt Collection Practices Act (FDCPA) discourages creditors from collecting financial debt unfairly. In brief, debt collectors are certainly not allowed to frighten, upset, endanger your safety or lie to debtors so that you can force repayment from them. Here we definitely will explain more information on it together with the skilled Brian R Linnekens.
Many debt collectors will make use of any obtainable way to acquire debts from hardworking US citizens. Although Brian Linnekens firmly is convinced that we should make every try to pay for the debts that people are obligated to pay, he also thinks that all clients deserve to be addressed with the regular decency and respect. Therefore, Brian Linnekens has evolved a network of attorneys throughout the country who definitely are trained to safeguard client's right from unfair collection techniques.
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contributed to a higher number of personal bankruptcies contributed to marital instability, to the loss of jobs, and invaded individual's privacy.
A number of the Unfair Methods are as below:
According to Brian R Linnekens, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt.
Particularly, a debt collector might not do the following things:
Collect any interest, fee, charge, or expense incidental to the principal obligation unless it was authorized by the original debt agreement or is otherwise permitted by law.
Accept a check or other instrument post-dated by over 5 days, except if, the individual notifies the consumer, on paper, of any plan to deposit the check or instrument. The notice must be made no more than 10 neither below three business days prior to the date of deposit. Solicit a post-dated check or some other post-dated settlement instrument to use as a threat or to institute criminal prosecution.
Deposit or threaten to deposit a post-dated check or other post-dated payment instrument before the date on the check or instrument.
Lead to communication fees, such as charges for collect telephone calls and telegrams, to be made to any individual simply by covering the real intent behind the conversation.
Take or threaten to repossess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled.
Make use of a postcard to make contact with a consumer about a debt.
Although many of these may seem obvious, Brian Linnekens and his attorney network have found that many debt collectors still use these tactics to try to harass clients. However, with proper representation, most if not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors.
Debt collectors have grown to be a lot more ruthless currently. You will be significantly less intimidated by collection telephone calls once you discover your protection under the law. None of us wants or requires those sudden debt collection telephone calls. Take action, know your legal rights, and you can guide other individuals in the same situation.
This article is to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. The Law Offices of Brian R Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website. You should consult a lawyer for individual advice regarding your own situation.
For additional information on the subject of Brian R Linnekens, see - http://www.slideshare.net/Brianlinnekens/brian-r-linnekens-fights-debt-collectors-who-use-false-and-misleadingtactics
Article Resource - http://www.brianlinnekens.net/brian-r-linnekens-fights-debt-collectors-who-use-false-and-misleading-tactics