Brian Linnekens Safeguards Customers out of Unfair Debt Collection Tactics

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.

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Brian R. Linnekens Fights Debt Collectors who use False and Misleading Tactics

Brian Linnekens graduated from UCLA School of Law in 1999.  Since that time, Mr. Linnekens has practiced law within a variety of specialties.  One of the most impactful practices that Brian Linnekens has developed is based in the Fair Debt Collection Practices Act, commonly referred to as the FDCPA.  The FDCPA is a very powerful Federal law designed to protect consumers.  According to Brian Linnekens, many individual states also have enhanced protections under their own expansions of the FDCPA which extend the requirements to original creditors, not just secondary collectors.  These various laws prohibit debt collectors (and often original creditors) from using dishonest and abusive methods of collecting money owed.

False or Misleading Representations

Brian Linnekens informs his clients that a debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. Specifically, a debt collector may not:

Falsely represent or imply that he or she is vouched for, bonded by, or affiliated with the United States or any state, including the use of any badge, uniform, or similar identification

Falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt

Falsely represent or imply that he or she is an attorney or that communications are from an attorney

Threaten to take any action that is not legal or intended

Falsely represent or imply that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person, unless such action is lawful and intended by the debt collector or creditor

Falsely represent or imply that the sale, referral, or other transfer of the debt will cause the consumer to lose a claim or a defense to payment, or become subject to any practice prohibited by the FDCPA

Falsely represent or imply that the consumer committed a crime or other conduct to disgrace the consumer

Communicate, or threaten to communicate, false credit information or information that should be known to be false, including not identifying disputed debts as such

Use or distribute written communications made to look like or falsely represent documents authorized, issued, or approved by any court, official, or agency of the United States or any state if the appearance or wording would give a false impression of the document’s source, authorization, or approval

Use any false representation or deceptive means to collect or attempt to collect a debt or to obtain information about a consumer

Fail to disclose in the initial written communication with the consumer, and the initial oral communication if it precedes the initial written communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.

In the event that a debt collector commits any of these acts, Brian Linnekens advises clients to keep accurate records of such violations.  Armed with accurate activity logs, Brian Linnekens and his team are capable of holding the collectors accountable for their actions.

In addition, Brian Linnekens has explained that there are certain other more refined violations that may occur in connection with threats of a legal nature.  These include:

Falsely represent or imply that accounts have been sold to innocent purchasers for value

Falsely represent or imply that documents are legal process

Use any name other than the true name of the debt collector’s business, company, or organization

Falsely represent or imply that documents are not legal-process forms or do not require action by the consumer

Falsely represent or imply that the debt collector operates or is employed by a consumer reporting agency

Many clients of the Law Offices of Brian Linnekens have found that debt collectors are often not aware of these restrictions, or are too careless to follow these guidelines precisely.  Brian Linnekens and his team of attorneys around the country have helped minimize these violations and provide protection for clients who have been victimized by any of the foregoing.

This website is designed to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Use of this website is not intended in any way to create or even to convey the impression that such use of this website by any person, organization or entity of any nature and/or kind constitutes any attorney-client relationship whatsoever.  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.

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Brian R. Linnekens Develops Client Protections under the Fair Debt Collection Practices Act

Brian Linnekens has long been practicing law for more than ten years. One of the extremely revolutionary services which Mr. Linnekens has evolved in the past is based within the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, typically called the FDCPA, is definitely a Federal law intended to shield consumers. According to Brian Linnekens, the FDCPA obviously spells out clients’ privileges as well as forbids loan companies from using shady and violent strategies to getting bad debts, such as those described at length beneath.

Prohibited Practices - Harassing or Abusive Practices

Brian R. Linnekens clarifies to his clients that a collector, in collecting debts, may not frighten, oppress, or abuse anybody. Specifically, a collector may not:

Use or threaten to make use of assault and other illegal ways to hurt the physical person, good reputation, or perhaps home of any man or woman

Make use of obscene, profane, or any other dialect which abuses the actual hearer or even audience

Distribute a summary of customers who apparently will not pay out financial debt, apart from to some client reporting company or to persons achieving the prerequisites of section 603(f) or 604(3) of the FDCPA

Expose a credit card debt available for sale to coerce repayment

Irritate, abuse, or harass folks by continuously calling their contact number or making it possible for their phone number to ring continuously

Make messages or calls without properly identifying themselves, except as permitted to acquire location details

Brian Linnekens has developed techniques and also ways to prevent debt collectors from taking any of these steps. Even though it is not possible to totally discontinue collection agencies from violating the particular FDCPA, Brian Linnekens will help prevent the actual transgressions which take place, and can maintain those collectors that do defy the particular FDCPA accountable for their steps.

This excellent website is built to give only general details. Absolutely nothing comprised herein comprises legal services, neither is it meant to supply legal counsel. Use of this site is not supposed in any way to build and even to mention the impression that such use of this website by any person, organization or entity of any nature and/or kind constitutes any attorney-client relationship whatsoever. Brian 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.


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Brian Linnekens Secretary of the Board of Directors for the: Brian R. Linnekens is the president and principal shareholder of Global Innovation Development, Inc. and has been the involved with the planning and construction of multiple apartment, retail and mixed-use projects during his career.

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Brian Linnekens Completed Projects: Brian R. Linnekens is the president and principal shareholder of Global Innovation Development, Inc. and has been the involved with the planning and construction of multiple apartment, retail and mixed-use projects during his career.

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Brian Linnekens advice on Property Development: Brian R. Linnekens is the president and principal shareholder of Global Innovation Development, Inc. and has been the involved with the planning and construction of multiple apartment, retail and mixed-use projects during his career.