Numerous debt collectors will use any obtainable approach to acquire debts by hardworking People in America. Though Brian Linnekens firmly believes that those individuals should try to make every try to pay the debts that we owe, he also states that all consumers should be treated with the common decency and esteem.
As a result, Brian Linnekens has developed a network of attorneys around the nation who definitely are educated to protect consumer's right from unfair collection procedures. There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contributed to a higher number of personal bankruptcies contributed to marital instability, to the loss of jobs, and invaded individual's privacy.
Some of the Unfair Strategies are as below: According to Brian R Linnekens, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt. Precisely, a debt collector may well not do the following things: 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 post-dated by more than 5 days, except if the individual updates the consumer, on paper, of any motive to pay in the check or instrument.
The notice must be made for not more than ten and not less than three business days before the date of deposit. Solicit a post-dated check or any other post-dated repayment instrument to use as a threat or to initiate criminal prosecution.
Deposit or threaten to deposit a post-dated check or other post-dated payment instrument before the date on the check or instrument. Lead to communication expenses, such as charges for collect phone calls and telegrams, to be made to someone by way of concealing the true aim 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. Start using a postcard to contact the consumer regarding 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. However, with proper representation, most if not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors. Debt collectors are becoming more and more competing nowadays. You will be significantly less intimidated by collection message or calls knowing your proper rights. Not anyone likes or needs those sudden debt collection calling.
Undertake it, know your rights, and you may assist other people in the similar circumstance. This article is to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. 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. For more info around Brian Linnekens, check out - http://www.brianlinnekens.com
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Brian Linnekens at Unfair Debt Collection Procedures