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Debt Collection Horror Stories-CNN Money

Debt collector horror stories abound: There are threats to dig up the dead relatives of those who couldn't pay their funeral bills, promises to imprison debtors or take their children into custody -- even warnings that pets will be killed.

Under the Fair Debt Collection Practices Act, collectors are prohibited from threatening violence, using profane language, calling incessantly, inflating a debt and implying they are attorneys. And they can't tell consumers they will arrest them or garnish their wages or property unless they actually plan to take that action and are legally able to do so through a court order. Many states have their own rules governing debt collector practices as well.

These are some of the latest outrageous allegations of abuse:

Threatening to take away children:

http://money.cnn.com/2013/02/06/pf/debt-collection/index.htm...

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I just talked to some debt

I just talked to some debt collector on the phone that said that I owe some dentist $90. I don't go to the dentist. I have not been to a dentist since I was a minor (forced and also orthodontist). It was around the time that I had my wisdom teeth removed, but that was from an oral surgeon, was from a place on the other side of the county that these people claim I went to, and was paid mostly by insurance and the remaining little owed was paid before I even had the procedure done. I told them that it was fraudulent debt, and the idiot female said that no one commits identity fraud at a dentist.

Please come join my forum if you're not a trendy and agree with my points of view.

meekandmild's picture

A third party debt collector has no standing to collect

Go to your court date (if its gone that far) ask the alleged debt collector to produce a contract between the debt collector and you.
When they bring up will he signed a contract with this company. Be sure to object. Debt collector is suing you, not some third party.

Simple but usually wrong...

Most contracts, especially purchase contracts on a credit bases, will state that a negotiable debt instrument is being initiated by the agreement and that the lenders rights in the debt can be assigned. If the debt, even without such verbiage, is reduced to judgment via a Court case. The judgment itself is a salable debt instrument and enforceable by its owner.

All mortgages contain this verbiage ...but also carry other filing responsibilities with the state when a sale of the debt instrument is made...not so on most other things unless they require UCC filings with the state...always a good idea for the lender.

Most debt collectors are attorney's who are acting on the behalf of he lender/seller and as such, are acting legally as long as they are operating within the boundaries set by the FDCPA. Court cases brought about by a collections attorney are filed under the name of the lender/seller, even if "Credit Solutions" called asking for payment..."Credit Solutions" may be the trade name of the Attorney and is irrelevant once paperwork starts flying as it is still the original lender/seller that is suing you.

Wha? .....hey....who stole my country?

Vile scare tactics. I wonder

Vile scare tactics. I wonder how many Americans got duped into believing that the US has a debters prison?