Fighting back against debt collectors.

[BL]

:::"You spend more time trying to get around the problem then actually solving it":::

VS

"If you think there's a solution, you're part of the problem"

My job tried staying afloat after the 9/11. I even accepted the 50% pay cut they offered to maintain my position, I accepted until they finally fell.

Bush promises that employment is standing strong and there are plentiful jobs. (While we watch them pack up everyday and relocate for cheaper labor)

I'm doing fairly well with my online sales freelance. However, I'll never find a job that paid what my previous salary was.

Guess I started a thread asking the wrong questions and now I am viewed as a new millennium Robin Hood.

The collectors still call and I still record. It's my advice to the people who fell into the same unpleasant situation as me. The economy is relentless, the collectors call relentlessly, we may as well survive by the same tactics.

Perhaps Bush should get on TV and make promises to all the Credit Card companies that people can afford to pay all debts because the economy is going so strong and collectors need not to call peoples homes anymore.

If all you want is them to quit calling , change your phone # and have it unlisted

 

[TigerD]

I'm doing fairly well with my online sales freelance. However, I'll never find a job that paid what my previous salary was.

If you feel that way, then I agree. You will never find a job that pays well.

The collectors still call and I still record. It's my advice to the people who fell into the same unpleasant situation as me. The economy is relentless, the collectors call relentlessly, we may as well survive by the same tactics.

The economy is relentless and you are unable to find a job? I'll help you.
1. Stow the self pity -- it doesn't help you.
2. Prepare a resume.
3. Make 100 copies of said resume.
4. Research companies and jobs related to the one you had.
5. Call the companies to find the decision makers at the companies with related positions
6. Talk to everyone you know to find someone that knows the decision maker personally. Ask that person for a reference.
7. Send personallized cover-letter with resume to decision maker.
8. Follow-up with a phone call 10-14 days later.
9. Remember the 100 resumes you printed -- send them all out.
10. Repeat weekly.
11. Go to interviews sober, well-rested and in a suit.
12. Don't speak bad of economy, former employer or any negative comments.

There. I lost a business in the post 9/11 market mess. you simply get up off your tucas, dust yourself off and keep going.

Perhaps Bush should get on TV and make promises to all the Credit Card companies that people can afford to pay all debts because the economy is going so strong and collectors need not to call peoples homes anymore.

Stop with the silly anti-Bush comments. Whether or not anyone agrees or disagrees with your political view you still look like a loser that can't tkae responsibility for his own life. Surely you can do better.

DC

 

[TigerD]

If all you want is them to quit calling , change your phone # and have it unlisted

Doesn't work -- we can get the unlisted number almost as fast as he can.

DC

 

[averad]

Its been 4 years you could have moved and got a new job or two.

Again I think the book "Who moved my cheese" might help you out of your mindset.

 

[Ladynred]

The general question was how many times a collector can call and possibly some advice on other simple laws that the collector can break to help give us (the consumer) leverage for a possible lawsuit.

Per the FDCPA:

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.[/qulote]

So, as you can see, there is no set limit to the number of times they can call you.

As for setting traps to trip up a collector to sue, don't waste your time. They'll break the law all by themselves w/o help. You'd do better to spend your time looking for gainful employment then scheming to make money with lawsuits.

 

[chaz]

:::If you feel that way, then I agree. You will never find a job that pays well. :::

Hardly, I was making $6500 a month in an area where I bought a 2 bathroom brick home, fireplace, full basement, on 2 acres for $400 a month. That type of work no longer has any demand in this area.

I could easily find a job at Wal-Mart, McDonalds, and etc... But I make more $$ doing what am I doing.

--To the poster who said I cannot complain because I don't write the governor, I have, thank you very much. I also vote, put up signs in my front yard, communicate with locals, and visit web forums. Can I change the world? No, but have earned the right to express my concerns... I do this real moron thing, it's called thinking, and I'm not a very good American because I like to form my own opinions.

:::Its been 4 years you could have moved and got a new job or two.:::

Governor Granholm agreed to the law that a parent cannot move out of a 100 mile radius of their child and cannot take the child out of state without written permission if the courts agrees, it cannot be for more than 7 days. I have already tried.

If I was single with no child, I could move to Denver, my line of work is active there... Unfortunately, I would have to break the law to do so. A risk that I am not willing to take.

I could understand how this looks like I am trying to make excuses, but if you notice there is a vicious cycle... our freedom isn't so free anymore.

 

[Kanchazi]

Where is Litigation. You know he has to get in on this.

 

[justalayman]

--To the poster who said I cannot complain because I don't write the governor, I have, thank you very much. I also vote, put up signs in my front yard, communicate with locals, and visit web forums. Can I change the world? No, but have earned the right to express my concerns... I do this real moron thing, it's called thinking, and I'm not a very good American because I like to form my own opinions.

I never said you can't complain. I questioned if you have involved yourself in the government to complain. I followed that by stating that those who do not make that effort have no right to complain. You, apparently have made that effort. In my book, you have every right to complain about the situation. It is just that so many who do complain do nothing to even show their dissatisfaction with the status quo to those that control it. My apologies to you.

One of my favorite quotations is by Ben Franklin: Those who are willing to purchase a temporary security with their freedoms, deserve neither. (paraphrased) We tend to be a nation that requires that security and too many seem to be more than willing to lose their freedoms to get it. So as you can see by that quote, our freedoms are not nor have they ever been free.

 

[Mister Darcy]

:::If you feel that way, then I agree. You will never find a job that pays well. :::

Hardly, I was making $6500 a month in an area where I bought a 2 bathroom brick home, fireplace, full basement, on 2 acres for $400 a month. That type of work no longer has any demand in this area.

I could easily find a job at Wal-Mart, McDonalds, and etc... But I make more $$ doing what am I doing.

--To the poster who said I cannot complain because I don't write the governor, I have, thank you very much. I also vote, put up signs in my front yard, communicate with locals, and visit web forums. Can I change the world? No, but have earned the right to express my concerns... I do this real moron thing, it's called thinking, and I'm not a very good American because I like to form my own opinions.

:::Its been 4 years you could have moved and got a new job or two.:::

Governor Granholm agreed to the law that a parent cannot move out of a 100 mile radius of their child and cannot take the child out of state without written permission if the courts agrees, it cannot be for more than 7 days. I have already tried.

If I was single with no child, I could move to Denver, my line of work is active there... Unfortunately, I would have to break the law to do so. A risk that I am not willing to take.

I could understand how this looks like I am trying to make excuses, but if you notice there is a vicious cycle... our freedom isn't so free anymore.

Threads like this make me sad. It's all about greed and the death of the middle class in this country.

 

[Tazalexis]

[QUOTE=chaz
My job tried staying afloat after the 9/11. I even accepted the 50% pay cut they offered to maintain my position, I accepted until they finally fell.

Bush promises that employment is standing strong and there are plentiful jobs. (While we watch them pack up everyday and relocate for cheaper labor)


Hey guys, I understand from both sides. I too was afected by 911 and did not get another job until 2004. I know what it was like to hide from the debt collectors, not because I wanted to, but because I had used up the $$ I saved to pay my bills and to survive.
However, when I did get a job, I paid and settled and paid and settled. SO looking at it from the other side of the fence, The ONLY way to get rid of them is to pay or settle. Try setting up payment plans like $50 per month. I was actually paying one bill $20 per month. They just want to see you make the effort.They rather see you pay something than to keep avoiding them. Besides, when you pay it's less likely to go on your credit report.
Take my foolish advice!!

 

[Ladynred]

Governor Granholm agreed to the law that a parent cannot move out of a 100 mile radius of their child and cannot take the child out of state without written permission if the courts agrees, it cannot be for more than 7 days.

From what I've read of the MI Child Custody Act, that's not what the law actually says. The restriction is on changing the legal address of the child where custody is court ordered, which I gather refers to joint custody.

The law doesn't say you can't relocate, it just places restrictions on relocating the child. http://www.legislature.mi.gov/(u2fi2f55bgnulsefeiemw355)/mileg.aspx?page=GetMCLDocument&objectname=mcl-722-31

Sounds to me like a personal choice more than an actual restriction on your mobility to seek better employment. While I can certainly understand that choice where a child is concerned, you cannot point fingers and rail at the laws that are meant to protect the best interests of the child but inconvenience you.

 

[chaz]

Sounds to me like a personal choice more than an actual restriction on your mobility to seek better employment. While I can certainly understand that choice where a child is concerned, you cannot point fingers and rail at the laws that are meant to protect the best interests of the child but inconvenience you.

Huh? Did you even read it? Let me copy and past if for you. I'll even bold the important areas.

(1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child's legal residence at the time of the commencement of the action in which the order is issued.

(2) A parent's change of a child's legal residence is not restricted by subsection (1) if the other parent consents to, or if the court, after complying with subsection (4), permits, the residence change. This section does not apply if the order governing the child's custody grants sole legal custody to 1 of the child's parents.

(3) This section does not apply if, at the time of the commencement of the action in which the custody order is issued, the child's 2 residences were more than 100 miles apart. This section does not apply if the legal residence change results in the child's 2 legal residences being closer to each other than before the change.

(4) Before permitting a legal residence change otherwise restricted by subsection (1), the court shall consider each of the following factors, with the child as the primary focus in the court's deliberations:

(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent. When I called the courts regarding this matter, they said the best interest of a child isn't a fatherless child, who has no arrears.

(b) The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent's plan to change the child's legal residence is inspired by that parent's desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification. The mother would never comply.

(d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation. A stated above, my child support is paid up to date.

(e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
You honestly think that I didn't look into all this already? Michigan laws are very complicated and getting joint physical custody is impossible, unless both parents agree. Rarely does a father have physical custody in my state... No matter how good the Attorney retained.

Ladynred, obviously you have no children, am I correct? If you knew how hard it was for me to move out to Colorado for 9 months... being away from my child was torture, it was the hardest thing a parent could endure. Honestly, I was relieved when the courts sent me an "order to appear" due to the law "*to decide or enforce a child custody or parenting time matter."

So I can either be:

A) A rat who can't pay his Credit Card bills.

or

B) A deadbeat father who has not contact with his child.

I choose (A). My child goes above and beyond the 7 scandalous CC companies that I am in debt to.

Oh, DC, Don't think that I am not looking for another $6500 salary job. Trust me, I am! In fact, I applied to one a month before they closed shop to go out of the country to obtain cheaper wages.

 

[chaz]

As a desperate attempt to get this thread back on track, here is an article that I found helpful.

If you believe a debt collector has violated the Fair Debt Collection Practices Act, in his dealings with you, you might want to gather evidence of these illegal and abusive tactics by recording telephone conversations with the debt collector in order to gather evidence for a lawsuit or to turn the matter over to your State Attorney General's office.


Some states have passed laws making it illegal to secretly record a phone conversation without both parties' permission. Twelve states have made it illegal to record a telephone conversation without all parties' consent: California, Connecticut, Delaware, Florida, Massachusetts, Maryland, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. It is legal to record a conversation in the other 38 states as long as one party to the conversation (you) gives consent.


If you live in one of the 12 states above where you need both parties' consent, you must ask the debt collector beforehand if you have his permission to record the conversation, and get this on tape. (If he is dumb enough to violate the FDCPA, perhaps he is dumb enough to give his permission.)


How do you record the conversations? If your phone doesn't have a recording device, you can purchase one at an electronics store such as Radio Shack.

 

[BL]

Amazing how long this thread has gone on **************

 

[Ladynred]

Ain't it though....

By they way Chaz, I DID read the statute.. I understand EXACTLY what it says.

No one here is going to debate with you on ways to 'catch' a debt collector. If you want that kind of info and want to spend all your time filing lawsuits and hanging around court houses.. go to www.artofcredit.com.. they advocate your type of tactics for EVERYTHING.