Free Credit Counseling

What To Do About Harassing Creditor Phone Calls

 

        At least sometime in our lives we all run into a Debt problem.
The question is what to do about it. This article offers practical
and real solutions you may be totally unaware of.
 So I will get right to the point.

 Number 1: You can stick your head in the sand and pretend that everything is fine and you do not owe anybody any money.

This solution usually winds up with a horrible credit score,
 non stop phone calls that seem to follow you wherever you go.
 That would be work, school, perhaps  even church.

 The bottom line is not good.
 

Number 2: Simply wait until one day you find that maybe a few thousand dollars is missing from your bank account or accounts.
Trust me, I know what I am talking about. As long as
 your income is not made up of what is called exempt funds, then yes they can do it.

 

Number 3: Now, here comes the good news! Every harassing
phone call is actually worth money to you. And potentially, a lot of it. Before you finish reading this article you will learn about something
called cash for calls. Yes, exactly what it sounds like. Those harassing calls where Debt Collectors use the telephone to try to wear you down by calling you all times of the day or night, or calling you at
your place of business, or many other things that they hope will squeeze a payment out of you.

       

            If they are able to get a payment from you for any little amount of money, then they may restart the clock on the statute of limitations. E.g. That means if the SOL was about to run out in your state, lets say 4 years on unsecured debt, then they get another 4 years to legally try and collect the debt. If you do not give them any money, then the ballgame is over, in terms of the collector legally trying to collect the debt. Yikes!! No only that, but you can turn around and
sue them and get rather large awards of money from them. We have firsthand knowledge of consumers who have been awarded as much as 90,000 dollars for FDCPA violations.

       To do this you first , have to find someone who is familiar with how to teach you what you need to document collector calls, and then follow their instructions.

     Here is what you may be losing if you do not follow through on this article:

         "Receive $500 every time a creditor or collector makes your phone ring."

         "Receive $1,000 every time a creditor or collector reports negatively on your credit reports."

         "Receive up to $1,000 every time a creditor or collector sends you a billing statement that includes an error  
          (email and mail)."

American Debt Enders

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Debt Dispute Is Not Debt Denial

Their seems to be a great deal of misinformation on this topic. The question being do banks have insurance to cover themselves against loss in case of a payment default by a consumer, and is
debt dispute valid way of handling a debt crises? Perhaps the best way to approach this question in a credible manner, one that takes the answer beyond the realm of opinion, is to look at actual court cases and study the legal track record , if one exists, on this topic. So, to keep this outside of my opinion, that is exactly the approach that was taken when researching the answer to this question. Here is the actual question that we are attempting to answer. We know that a bank cannot carry defaulted debts on its books forever. The reason being that defaulted debts, or debts where the odds are negligible that a bank would ever recover money loaned on a credit card or other unsecured debt, would badly skew the picture on the health of the bank or lending institution. So, banks are bound by a simple rule. When a debt reaches a default age of 180 days, the bank must remove it from its books as an asset and charge it off.

Here is the Documentation:
Fact #1.  In June 2000, the U.S. Comptroller of the Currency issued an Order on its Web Page to All Banks.  (See 8 Pages)  They MUST Write Off All Unsecured Consumer Debts that are More Than 180 Days In The Arrears.  So, here we have the first proof.

As an aside, I thought I would throw in this piece of legal information from Appellate court cases:
. Their are 2 Pages of Appellate Court Cases proving that Banks/Lenders cannot Foreclose on Any Debt Without First Presenting the Original Promise To Pay/Credit Card Agreement.  A Copy Of An Original Is Not The Original Promise To Pay/Credit Card Agreement As Required By Law.

Here is our first piece of Documentation on the actual Default Insurance. It is found in a case called Jenkins Vs Heinz, 25 f 3rd, 536, 1994. This is an Appellate Division ruling overturning a lower court ruling in which the bank was holder of a car loan after a repossession and was seeking to recover 4,137.00 from the defendant which they said was money it had to spend to maintain vehicle insurance that the defendant had allowed to lapse. The insurance they were looking to be reimbursed for was not car liability insurance, etc, but rather insurance against a payment default which is exactly what happened. Note: Insurance against a payment default. I realize that a car is a secured debt, however, the principle is the same.

For easy reading I have chosen to end this article here. However, if you would like to know more
about our debt dispute program, please do feel free to call at 877-766-2465.

Yours Truly

Steven Ciantro
Consumer Advocate
American Debt Enders

Rated 3rd Nationally
Certified Credit Counselor
TalkShoe Radio Host
Member National Association of Certified Credit Counselors
Debt Expert for Gail Kasper's Top 1% Club
Top 1 Percent Club
Linkedin Profile
Author #1 Ranked Debt Relief Newsletter
877-766-2465

 

 

American Debt Enders Pay Day Loan Consolidation

American Debt Enders offers one of the best Pay Day Loan help programs available anywhere. First, it is a non profit program, and as such is a non adversarial program. What does that mean exactly? It means that the Pay Day loan lenders cooperate with the program and will stop liens and garnishments from happening and generally stop the high interest bleeding. In case you are not aware, the interest you agreed to pay on these easy money loans is upwards of 350% per year! Ouch! This is the reason you get into trouble with them. We can take care of the interest and help you pay back the debt in affordable monthly payments.

This will eliminate the high blood pressure type debt stress that keeps you awake at night.

The advice and free credit counseling is absolutely free.

Yours Truly

Steven Ciantro
Consumer Advocate
American Debt Enders
Rated 3rd Nationally
Certified Credit Counselor
TalkShoe Radio Host
Member National Association of Certified Credit Counselors
Debt Expert for Gail Kasper's Top 1% Club
Top 1 Percent Club
Linkedin Profile
Author #1 Ranked Debt Relief Newsletter
877-766-2465

 

The ADE Debt Relief Phone Numbers

Free Credit Counseling---       877-766-2465

Student Loan Consolidation---877-766-2465

Free Bankruptcy Counseling-- 516-204-4640 (National Number)

Credit Restoration Counseling-888-586-2661 Inc. Credit Report Review

Pay Day Loan Help------877-766-2465

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Not Bankruptcy, Not Debt Settlement But .....

Well, I am going to start this article which will definitely educate you, by republishing the following excerpt The following article excerpt comes from Credit Shield:
Discover Bank Sues On Debt it Does Not Own.
Who has experience determining ownership of accounts? I'm still looking for info on who has seen proof of ownership from Discover, proof of untruth of their affidavits. See this article: Discover Bank Sues On Debt it Does Not Own February 16th, 2010 . by wcbensley, an Attorney. For a bank to sue someone to collect a debt, the bank must own the debt. Similarly, if I was going to sue you for stealing my car, I would have to prove that I owned the car. I would have to produce a copy of the Title. Seems like simple proposition. So simple, that it is often overlooked by debtors, their attorneys, and the Courts.

This cute little tactic goes on every day and is exactly why you the debtor does not have a chance against these large institutions when you default. Or, how about you simply get something placed on your credit report in error. Better still, who is even aware that this type of stuff goes on, on a regular basis, and many other violations of consumer law designed and put in place to protect you, the consumer.

Well, my friends, at last their is hope for you the beleaguered debt ridden consumer. Article after article I read on what to do about debt problems all start with contacting the creditor or lender. This assumes that they play nice. Well, whose kidding who. They do not play nice which is why you should never take them on alone if you get into trouble. Don't forget that these guys are collecting usually better than 20% interest in a 3% interest world. Do you really think that they are going to play nice?

So why the title. What comes after the ... are the words Credit Shield. What exactly is credit shield? It is a debt validation or forensic debt audit which was approved by the FTC about 5 years ago, and is designed to take on collectors and creditors who simply do not play by the rules.
The Credit Shield system invokes the laws and statutes found in the Fair Debt Collection Practices Act, and 8 other laws to protect you from third party debt collectors, fraudulent debt collection practices, and violations of your rights. We work with a nationwide attorney firm for collecting money for you as well when debt collectors violate your rights by calling or continuing collection without verifying the debt. The amazing thing is that it is cheaper than even debt settlement and even more, if you can take it, it is done in about half the time of debt settlement and provides for credit restoration as the final step of the program, at no additional cost! Credit Shield is both the name of the debt relief program and the name of the company which handles the processing and holds the FTC approval. Many of the methods for invalidating a debt used by Credit Shield are proprietary. I can also tell you that this program comes with a 100% money back guarantee!

So, if you find yourself struggling with debt and a low credit score, why not get a free Credit Shield quote and have the program further explained to you. Considering the 100% money back guarantee, you have absolutely nothing to lose.

Yours Truly

Steven Ciantro
Consumer Advocate
American Debt Enders
Rated 3rd Nationally
Certified Credit Counselor
TalkShoe Radio Host
Member National Association of Certified Credit Counselors
Debt Expert for Gail Kasper's Top 1% Club
Top 1 Percent Club
Linkedin Profile
Author #1 Ranked Debt Relief Newsletter
877-766-2465

 

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"Click To Call" Debt Relief

       In keeping with its primary vision and purpose American Debt Enders is bringing Debt Relief to the future of Credit Counseling by getting ready to offer Click To Call debt relief and free credit counseling to mobile users. So what is click to call? We have found that people calling for counseling just don't know where to begin. Already hurting from being oppressed by debt, of course they are seeking relief, but where to begin. Often they are faced with the dilemma of do I fill out the intake form, or do I call? If I call what do I say? Exactly what is credit counseling? is it for me?

The answer is that anyone who is feeling the effects of carrying to much unsecured debt can benefit from credit counseling. Click to call is simply a better way to connect consumers to a qualified counselor. One who is capable of analyzing their situation and then explaining the options which are not only available to them but also suitable to them.
Lets be real, not every program is for everyone in debt. Or, stated another way, when it comes to debt one size definitely does not fit all.

While many debt relief companies offer only one program, this is really the equivalent of  being sick and going to an emergency room which only handles broken legs. To many companies offer only one program. American Debt Enders had enjoyed great success offering a wide variety of relief programs to consumers. This is done by having counselors available who understand a wide variety of debt relief programs and then can place the consumer in the hands of a debt specialist who understands the program they are explaining fully and is capable of truly helping the individual.

By utilizing the click to call feature a consumer is immediately put in touch with a counselor who can guide them to what they need and even qualify them for a particular debt relief program. At the current time American Debt Enders offers debt consolidation, federal student loan help, private student loan help, payday loan help, a word here regarding payday loans, this program is a non profit program with very low fees and is also non-adversarial which means the consumer will not be flooded by phone calls. Additionally ADE offers debt invalidation with complete credit restoration at no additional charge, we also offer debt settlement with debt invalidation which is an extremely powerful combination, we can also help with tax problems and chapter 7 bankruptcy free consultations to see if you qualify.

The ADE Debt Relief Phone Numbers

Free Credit Counseling---       877-766-2465

Student Loan Consolidation---877-766-2465

Free Bankruptcy Counseling-- 516-204-4640 (National Number)

Credit Restoration Counseling-888-586-2661 Inc. Credit Report Review

Each of these numbers provides Free Counseling.

Yours Truly

Steven Ciantro
Consumer Advocate
American Debt Enders
Rated 3rd Nationally
Certified Credit Counselor
TalkShoe Radio Host
Member National Association of Certified Credit Counselors
Debt Expert for Gail Kasper's Top 1% Club
Top 1 Percent Club
Linkedin Profile
Author #1 Ranked Debt Relief Newsletter
877-766-2465

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Creditor Debt Help--How To Answer A Subpoena

The most viewed pages on the American Debt Enders website are those pages that have to do with debt validation. Debt Validation

Debt Validation is a tool to be used before you receive a subpoena, like when the creditor sends you a letter notifying you that you have 30 days to request that the debt be validated. No matter what you do, you may still be subpoenaed by the creditor. This article is to tell you how to answer one.

Step One: Do not panic when you get served. Although, it can be nerve racking.

Step Two: Just figure you have 20 days to answer it, unless it says you have less time.

Step Three: The case will be heard at the court house that is stated on the subpoena. This will most likely be the closest courthouse to you. Remember, most creditor lawsuits are in small claims court. This is not going to be a big televised event. You need to contact the "civil clerks office" at the court house from where you were served, and get the paper work and their procedure for answering. If you ignore the subpoena, you will receive a default judgment against you. This is bad.

Step Four: You can follow the complaint, line by line and agree to your name, address period. Everything else, you are better off saying you do not have enough information in your answer paperwork. File the paperwork as instructed by the civil clerks office at the court house--they all have a different procedure.

Step Five: When you arrive at court you will be approached by the attorney for the other side to see if you want to settle. These guys are not Perry Mason. If you put in a debt validation request and you can challenge it. Do so. If not, you are better off trying to come to a settlement you can afford. At this point these attorneys are pretty amenable to settling in a reasonable fashion.

Well, there you have it. Keep your cool and good luck. If you want to do more research you can visit: Creditor Debt Help.

Yours Truly
Steven Ciantro
Consumer Advocate
American Debt Enders
Certified Credit Counselor
TalkShoe Radio Host
Member National Association of Certified Credit Counselors
Debt Expert for Gail Kasper's Top 1% Club
Gail Kasper's Top 1% Club
877-766-2465

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Are You Desperate Enough To Deal With Your Debt? Or, Subpoenas and Debt Settlement Do Not A Marriage Make

Creditor Debt Help--How To Answer A Subpoena

This Is Guaranteed To Stop Creditor Harassment

With so many consumers falling behind on their unsecured debts, and in many cases completely defaulting. This of course has led to a marked increase in collection activity. All one has to do is look at how many searches are performed daily on "creditor Harassment", and "Exempt Income".

Just think about it. If a collector pulls your credit report and determines that you are not worth suing, then their next only option is to call you on the telephone, and hope to squeeze a payment out of you. Often times violating the Fair Debt Collection Practices Act, also known as the FDCPA.

It is important to note that this act applies to 3rd party debt collectors, and not the original creditor. Although at some point after a default, the original creditor will sell or charge off the debt to a 3rd party debt collector. Usually after 120 to 180 days of non-payment.

Violations of the FDCPA are punishable by fines of up to 1000.00 dollars per occurrence. So, how do I get the money you ask? Well, first you have to have a true provable violation of the act. This is not as difficult as you may think. For example: The law requires that a debt collector disclose the following information in every phone call: 1-The name of their company. 2-The name of the debt collector. (Often Violated) 3-That they are debt collectors. 4-If it is a first communication, they must state that they are debt collectors, and any information obtained will be used for that purpose. (Also often violated).

This is just a tiny sampling of violations. So, how does all this help you? Very simple. Their is a new very specific program called "Collection Protection", which for no money upfront, will enroll you, educate you, and then take your violation cases to court on your behalf, and split the recovery with you! So even if you cannot afford a Debt Consolidation or Debt Settlement Program, you can most definitely afford the FDCPA Violations Program.

If you would like to learn more or would like to enroll, which takes only about 5 minutes on the phone, simply call 877-766-2465, or visit: STOP COLLECTION HARASSMENT.

There you have it. Now you have no excuses not to take control of the situation.

Written By:
Steven Ciantro
Certified Credit Counselor
American Debt Enders
[email protected]
877-766-2465

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Automated Debt Lawsuits--How To Defend Yourself From Creditor Lawsuits

The following article recently appeared in the NY Times entitled Automated Debt Lawsuits Engulf Courts. It is an excellent article, and points out why it is currently fairly easy to win a case against a "debt collector in court. As the article points out, debt collectors are utilizing automated computer programs to file 10's of thousands of Creditor Lawsuits per year. The problem for them is that their is no verification of the debt mentioned in the suits. They are simply banking on you not showing up in court so they can obtain a default judgment.

For you, the debtor, this is a great advantage in helping you defend yourself. First, you must file an answer to the lawsuit. By requesting the proper debt validation information from the collection attorneys, you stand an excellent chance of having the case thrown out. How so? you ask. When the original collector sells the debts to the collection companies, they do not transmit any proof, showing that you actually used a credit card. Just your name, social, address, amount of debt and whether or not the account is still accruing interest. And that's what goes into the complaint against you. This is still America, where is the proof?

If you craft an answer requesting this documentation, you stand an excellent chance of winning your defense, if you have not admitted to the debt. The collection attorneys, will most likely, not be able to produce it. The Fair Debt Collection Practices Act says you are legally entitled to it.

Because the courts are becoming so clogged with these cases, the FTC has weighed in with an opinion, stating that they would like to see states make it mandatory for the collection attorneys to have to provide this information upfront, in the suit, before filing. Whether or not this actually ever happens, is anyone’s guess. But, for now, you the debtor has a tremendous advantage, if you are willing to do some homework.

If you would like to see what self help ebooks are available on these topics, please visit: Debt Relief Self Help Ebooks. or, if you would like a FREE Consultation with a debt counselor to learn about all your options, visit:FREE CREDIT COUNSELING.

If you would like to subscribe to this newsletter, visit: The Free Credit Counseling Newsletter, and simply leave your email address. We do not ever share your information.

Written By:
Steven Ciantro
American Debt Enders
Member National Association of Certified Credit Counselors
[email protected]
877-766-2465

Pay Garnishments Increase On Debtors, So Why Not Try Debt Settlement

As more and more debtors just ignore their debts, and credit card statements, because of their inability to pay, collection activity and pay garnishments are increasing dramatically, according to a: NY Times Article. As I have often written, the worst thing you can do, if you cannot afford your payments on credit cards, or anything else, is to ignore your mail. This is exactly what collectors and creditors hope for. It makes it very easy for them to get what is called a "default judgment. This is a judgment issued by a court because you simply failed to show up, or answer a complaint.

If a collector is awarded a default judgment, they can, and often do, not only add on unreasonable fees, to your unpaid balance, but also go straight after your salary. Be aware, that while state laws differ as to how much they can take, if you are not a minimum wage worker, often it is as high as 25%.

If you are like most people, chances are you cannot live after losing 25% of your gross pay.

The good news is that this horror story is totally avoidable. Their are many steps you can take to back off a creditor or collector, legally. If you are in this situation, you can start by visiting: Stop Creditor Harassment. Here you will find a step by step guide on How to answer a creditor lawsuit.

If you have many creditors and would like to explore the possibility of entering a: Debt Settlement Program in which you will be represented by legal counsel, if you get sued by a collector, while your debts are being negotiated down, please feel free to call us at: 877-766-2465 to have a no obligation Free credit counseling consultation about your options.

Excellent debt relief help is readily available.

If you are reading this and are not already a subscriber to our FREE Credit Counseling Newsletter, Please feel free to subscribe. By doing so, you will receive a FREE Budgeting spreadsheet, to help you gain control over your money. Remember, the newsletter is free.

Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
[email protected]
877-766-2465

Can Original Creditors Harass Me With Phone Calls

This is an article that needed to be written. I am hearing from to many debtors that they are being constantly called at their place of employement by the credit card company.This includes asking for the HR department of the debtors’ employer. Again, and very importantly, we are talking in this article about what can be considered by a reasonable person as an unreasonable attempt to collect a debt by the original creditor not a 3rd party debt collector.

Many people mistakenly believe that because the Fair Debt Collection Practices Act which is a Federal law, covers only 3rd party debt collectors, that a consumer debtor has no protections from the original creditor. This is not true. Their are state laws concerning original creditor harassment depending on where you live that clearly prohibit harassment and calls at your place of employment by the original creditor. Not all states are equal in this regard. For example, New York State actually makes it a misdemeanor to do any of the following:

First, NY State Debtor Law defines the creditor as follows: "Principal creditor" means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of said person, firm, corporation or organization.(My Comment: This covers the original creditor).

No principal creditor, as defined by this article, or his agent shall: 1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or 2. Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney's fee, court cost or expense unless such changes are justly due and legally chargeable against the debtor; or 3. Disclose or threaten to disclose information affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false; or

And this one is big 4. Communicate or threaten to communicate the nature of a consumer claim to the debtor's employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor's employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or 5.Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or

Here is another big one 6. Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or

Their are a few more, but these are the biggies for NY State.

So, the bottom line is, if you think you are being harassed or treated in a way that violates the laws of the state you reside in, do your homework, by looking up the law in your state, using the link at the beginning of this article. Then, document, document, everything, and send a strobg letter with your evidence to the creditor and demand them to cease and desist the unreasonable harassment, or you will take the matter further.

Self empowerment is knowing your rights.

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If you are in debt, and need free credit counseling advice about whether or not a debt consolidation programor a Debt Settlement Program may be right for you, by all means feel free to contact us. You may also call us at: 877-766-2465.

Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
[email protected]
877-766-2465