11 Things Collection Agencies Should Not Do to you!

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. To learn more about Shah Peerally, visit his personal blog on www.ShahPeerally.com.

Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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11 Things Collection Agencies Should Not Do to you!

  1. 1. 11 Things Collection Agencies <br />Should<br /> NOT Do To you!<br />www.YourDebtSettlementAttorney.com<br />Phone (510) 742 5887<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  2. 2. Introduction<br />Thousands of people and entities are suffering because of the downturn in the economy.  Financial institutions are no exception. However unlike people financial institutions including credit card companies have numerous “bail-out” programs to assist them.  Despite this, credit card companies and other banks which have lent money to consumers are still aggressively pursuing the consumers to pay. As such they have set up elaborated mechanisms to collect the debts. Fortunately, the Fair Debt Collection Practices Act, does not allow them to ‘harass’ or use certain tactics to collect such debts.  Below are 11 things they should not do to you, in case you owe them money:<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  3. 3. Misrepresenting themselves as a law firm or that their collectors are attorneys<br />Although many debt collectors are compliant with the FDCPA rules, some still have recourse to unethical practices in order to collect the money.  Remember, many of them get paid a percentage on the collection or have already bought the amount for cheap from the lenders. It is their job to collect. They will therefore have recourse to many means to reach their goals.  Having an attorney by your side can make the difference. The attorney will look how to protect your interest and the attorney can negotiate on your behalf.  If the collection agency is violating the rules, the attorney will be glad to handle this for you.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  4. 4. Misrepresenting that debtors will be arrested or have their property seized if they don’t pay.<br />Many consumers especially in the immigrant community are not aware that owing a debt is usually a civil matter and therefore does not result in imprisonment or criminal penalties, unless there is a fraud such as identity theft. However, it seems that few debt collection companies had resorted to similar threats. Again, if you are represented by counsel, such threats might be meaningless.<br /> www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  5. 5. Threatening actions that would be illegal, or actions that the company has no intention of taking<br />If a collection company threatened to take certain legal actions and do not take it, it will be just “threats” and therefore can be construed as “blackmailing”.   Such practices are illegal and if you have been a victim, immediately talk to a lawyer or report the situation to the Federal Trade Commission.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  6. 6. Making false statements to collect a debt or obtain information about a consumer<br />Unfortunately this is a too common practice which again is not allowed. A good debt settlement attorney or bankruptcy attorney will easily tackle with such an issue.<br />www.DebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  7. 7. Withdrawing funds from consumers’ bank accounts or charging their credit cards without their consent<br />Unless there is a judgment or a written contract that the credit card company or the collectors can withdraw money from your account, they are not allowed to do this.  Make sure you inform your bank that they will be liable if such things happen.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  8. 8. Depositing postdated checks before the date on the check, or threatening to do so.<br />Although you date a check for certain specific dates, it is not hard for someone to still deposit the check earlier than it was dated.  Often, banks will honor such checks.  However, it is not appropriate for the credit card company or the collection agency to do that.  Call us on 510 742 5887 if you want to know about such negotiating your debt.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  9. 9. Revealing to third parties that a consumer owes a debt<br />This is definitely one of the worst thing that  a collection company can do.  Few collection companies will call your neighbor and ask them about you.  While they can investigate, they are not allowed to tell other people that you owe a debt.  Please have a good debt settlement or bankruptcy attorney deal with them.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  10. 10. Asking a third party for a consumer’s location information more than once without the third party’s consent or a reasonable belief that the person’s earlier response was wrong or incomplete and that the person now has correct location information.<br />As mentioned, their jobs is to collect. However, the “ends do not justify the means”.  Harassing others to collect the debt of one consumer is definitely wrong.<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  11. 11. Calling consumers before 8 a.m. or after 9 p.m., or at their workplace.<br />There are prescribed time when the credit card or collection companies can call.  Calling outside those hours, is not permissible.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  12. 12. Communicating with a consumer after receiving written notice that the consumer refuses to pay or wants the collector to stop calling<br />Once a consumer asked the calls to stop, the creditor should stop calling however, in case an FDCPA letter (“Cease and Desist”) letter is issued by your lawyer, the creditor might be liable for penalties if they call.  Nonetheless, they can still communicate with you in writing.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  13. 13. Using obscene or profane language, or harassing consumers with repeated phone”<br />Too often the credit collection employees are unaware of the rules and will be pushy to the point of using profane language against clients.   Insulting and using profane language against a consumer is obviously not allowed.<br />www.YourDebtSettlementAttorney.com<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  14. 14. We have tried to compile few of the issues involved in debt collection.  However, there are lot of other behaviors which are not permissible by law.  In order to protect your interest, we recommend a lawyer by your side will ultimately make a huge difference in getting a settlement or being ‘harassed’ by the collection agency.  Therefore, please contact an attorney before you take a ‘bad deal’!<br />Our law firm has successfully handled many debt settlementcases, we recommend that you give us a call on 510 742 5887 for a free assessment on your case.<br /> <br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />
  15. 15. About Shah Peerally, Esq.<br />Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. To learn more about Shah Peerally, visit his personal blog on www.ShahPeerally.com.<br />Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.<br />For updates follow us on Radio, Facebook, Twitter and LinkedIn.  Our law firm also deals in immigration law. Visit  www.peerallylaw.com and www.immigrationlegalblog.com.  You can reach us 510.742.5887.<br />(c) Shah Peerally, Attorney at Law - Newark CA, USA.<br />

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