Brian Linnekens has been practicing law for over a decade. One of the most groundbreaking services that Mr. Linnekens has developed over the years is based in the Fair Debt Collection Practices Act.

1. Many debt collectors will use any available tactic to collect debts from hardworking Americans.
Although Brian Linnekens strongly believes that we should make every attempt to pay the debts that
we owe, he also believes that all clients deserve to be treated with the common decency and respect.
As a result, Brian Linnekens has developed a network of attorneys around the country who are trained
to protect clients from unfair collection practices.
Unfair Practices
According to Brian Linnekens, a debt collector may not use unfair or unconscionable means to collect
or attempt to collect a debt. Specifically, a debt collector may not:
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 postdated by more than five days, unless he or she notifies the
consumer, in writing, of any intention to deposit the check or instrument; the notice must be made no
more than ten nor less than three business days before the date of deposit
Solicit a postdated check or other postdated payment instrument to use as a threat or to institute
criminal prosecution
Deposit or threaten to deposit a postdated check or other postdated payment instrument before the date
on the check or instrument

2. Cause communication charges, such as charges for collect telephone calls and telegrams, to be made to
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any person by concealing the true purpose of the communication
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
Use a postcard to contact 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. But with proper representation, most if
not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors.
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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