THE FAIR DEBT COLLECTION PRACTICES ACT – Your TOOL for Financial Relief?
If you have Credit Card Debt, We Can Teach You How to Confront & Beat the Credit Card Companies!
U.S. Federal law provides many protections that you can use to dispute many contracts like credit cards or other loans. So in this troublesome economy, if credit card companies fail to work with you to reduce your interest rates and the high balance, there are thousands who are getting financial relief by using federal laws passed by Congress to cut up their credit cards and walk away debt free. One of these laws is the Fair Debt Collection Practices Act.
There are many different processes, but one of the simplest process we have seen so far is to “dispute the debt”, otherwise known as a “Demand for Validation” in accordance with the Fair Debt Collection Practices Act.
The Fair Debt Collection Practices Act law prevents a credit card company or debt collector from trying to collect on a debt that they failed to validate, can get them to:
1) stop calling and harassing you
2) enjoin them to cease collecting the debt
3) get them to remove it from the credit reporting agencies’ reports
4) prevent them from having a verified claim and thus suing or garnishing your wages
The Fair Debt Collection Practices Act process starts by forcing the bank or debt collector to validate the debt by sending a letter in writing. And since bank’s never “loan” you other depositor’s money – they create it out of *Thin Air*, you will win every time…. at least in theory. Disclaimer: Those with little knowledge of the laws might not succeed their first time around, and are more likely to have a substantive remedy by hiring an organization (like ours) with experience personally consulting & helping the clients personally. (see below or right hand-side of this webpage for our contact information)
Here’s what the Fair Debt Collection Practices Act Law § 809 says about “Validation of debts” [15 USC 1692g (b) (c)]:
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed…..the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment……and a copy of such verification or judgment…..is mailed to the consumer by the debt collector.
(Blacks Law dictionary on “Verification” = confirmation of authenticity by sworn oath/affidavit; affirmation. Prove to be true)
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
And if your still not convinced that they can’t validate the debt, watch this educational video below about how Federal Reserve Notes are Created, how banks make money, how money is created out of thin air and the corrupt world of banking:
So, now….after learning about that, please tell me: How fair is it that the bankers got Billions of Taxpayer Dollars yet continue to rape the American people with high interest rates and high credit card balances? It is now estimated that the average American citizen is $8,000 in credit card debt. (But with the protections and rights you have in the Fair Debt Collection Practices Act, we can help more Americans become Debt Free!)
In 2008-9 the U.S. Treasury and the Federal Reserve System bailed out numerous very large banks and insurance companies, as well as General Motors and Chrysler. Congress at the urgent request of President George W. Bush passed the Troubled Asset Relief Program or “TARP”, funded at $700 billion. The bailout of Fannie Mae and Freddy Mac, which insure mortgages, totals $135 billion by October 2010, and could be much higher, depending on the future of the housing and mortgage markets. -Wikipedia
What about a People’s Bailout?
The Chicago-based Northern Trust bank may have received $1.6 billion in federal bailout funds, but that did not dampen the lavish long weekend featuring a golf tournament and headliner music the bank threw in Los Angeles last week, much of which was caught on tape by the celebrity news outlet TMZ. Critics are up in arms over yet another apparent boondoggle hosted by a bank that received federal bailout funds.
Less than two weeks after Uncle Sam gave American International Group (AIG) an $85 billion loan – staving off financial collapse – execs from one of its insurance subsidiaries, AIG American General, gathered for a conference at the uber-swank St. Regis Monarch Beach Resort, billed as “California’s only Mobil Travel Guide Five-Star Resort,” where ocean-view rooms start at $565 a night and “world class luxury” is the rule.
At a time when millions of American homeowners are facing foreclosure, and consumers and businesses are in dire need of financial relief, the government is giving kickbacks to the same financial institutions – including yours – that caused the mess in the first place.
The Fair Debt Collection Practices Act offers major relief to consumers who are knowledgeable enough to do an entire process of debt validation and get the debt to be properly disputed and thus discharges, charged off, or cancelled.
PROFIT FROM THEIR HARASSING PHONE CALLS:
(Your Knowledge of the Fair Debt Collection Practices Act can help you with relief)
The one major fear that our clients have from fighting debt collectors is that they are going to get harassed with phone calls the moment they challenge the debt and cut up their cards…
But did you know you can sue the debt collector(s) for up to $1000.00 per communication, after you’ve noticed them that they do not have your permission to contact you? According to the Fair Debt Collection Practices Act, you have a recourse and you can actually profit from their breaking the law!
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or 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 — to advise the consumer that the debt collector’s further efforts are being terminated… ––Fair Debt Collection Practices Act: § 805. [15 USC 1692c]
What If I Stop Paying My Credit Cards and Don’t Dispute the Debt with the Fair Debt Collection Practices Act?
What would happen if you can’t keep up with your credit cards, and stop paying them but do *Not* lawfully dispute the debt? Many American consumers are conditioned to pay, pay, pay an arm and a leg for their debts that they can’t afford, can’t sustain, and have no plan for ever paying down in their lifetime. We would never suggest that you should avoid paying based on a lawful and validated contract… but what happens to those consumers who fail to keep up and don’t pay the credit cards? Many people fear they are lawfully bound and can be prosecuted or go to jail for failure to pay. This is just not true and extremely unrealistic. Credit card disputes are a civil matter, and have no jurisdiction in criminal courts.
The realistic scenario goes as following:
In 50% of the cases…. the debt collector will send you letters, call you, and report a “past due” payment on your credit report.
In 25% of the cases… the debt collectors will “write off” or cancel the debt for tax purposes.
In 25% of the cases… the debt collectors will sue you to try to obtain a Judgment
And out of the 25% that will become lawsuits…
– If you respond properly with the debt validation process, you can win and get their case dismissed. Send a certified copy of that court judgment to the credit bureau, and now you will have clean credit again.
-If you do not respond properly, the court will issue a Judgment, and the court will sell that Judgment to Wall Street Investors and make a profit.
-In 50% of cases, they companies will enforce the Judgment and try to find your place of employment or bank accounts in your name, and try to garnish or levy and collect the payments. Garnishment laws protect most cases against unemployment and social security from being garnished.
You want to make sure you fight back with the protections (which we can teach you via the Fair Debt Collection Practices Act) so they do NOT get a judgment otherwise you might be liable for the monies due plus court costs and interest on top of that (from the date of the Judgment). If unpaid until your death, the debt will come out of your Will and the Executor of your ESTATE will have to pay off the Creditors before the inheritances are distributed to your hiers.
Any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum….not exceeding $1,000. – § 813. Civil liability [15 USC 1692k] [Fair Debt Collection Practices Act]
So now you know the basics about the Fair Debt Collection Practices Act, about the laws and your rights to dispute your debt and become debt-free.
Our organization is dedicated to helping consumers in America and around the world to protect themselves and we also offer personal one-on-one assistance to help you properly dispute the debt and then sue the debt collectors and become DEBT FREE. We also offer asset development strategies to prevent you from going into debt and provide a sound financial plan. We are now offering a free consultation to any viewers who read this article. Seven days a week, you can call us for your free consultation at 505-340-3632.
Read the rest of THE FAIR DEBT COLLECTION PRACTICES ACT here.
Read Jean Keating’s overview on using the UCC and the Fair Debt Collection Practices Act to sue the Debt Collectors back via a Counterclaim.