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The Mechanix of Credit -- credit improvement techniques geared toward the masses. Junk Debt

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Personal Observation
When a collection agent pursues the collection of junk debt that has not yet run past the limit of its Statute of Limitations (SoL), the result is that the Statue of Limitations "clock" gets reset.

Let's say that you had an unpaid collection that was five years old and that the SoL is seven years in your State.  (the SoL will vary by State.)  In two years, the SoL would have expired and collection would no longer be possible and it could easily be removed from your credit report.

But when a Junk Debt Buyer purchases the debt, the clock starts over.  They have seven more years to collect.  This will keep your credit scores in the basement as long as the collection agent continues to report activity on the debt.  In this example, your total exposure would be twelve years rather than the original seven!

Incidentally, an excellent Industry Standard Glossary of Terms for debt buyers is available at the Debt Buyers' Association.  If you want a complete list of members, however, you must first join the organization.  But here is another great resource you do not have to join, the Debt Connection.

If you feel that you have a legitimate case against a collection attorney who has violated your rights under FACTA, FCRA, FCBA, FDCPA and various State consumer credit protection statutes, you may contact the appropriate  State & Local Bar Assn.  You may also recommend that the collection attorney be reprimanded or disbarred for seriously deceptive or illegal collection practices.  The American Bar Association frowns on such conduct and offers links to various State & Local Bar Assn. websites.

If you enjoy the links that we provide on this page, just think how much fun you will have when we publish dozens more of the more unscrupulous collector's names!

Want to join a class action?  Click the link of Edelman, Combs, Laturner, and Goodwin.  Watch this space for more exciting ways to turn the tables on bad collectors.  We will include case law and legal precedents so as to help bolster your arguments (at no extra charge, we might add).

 

CONSUMER ALERT: If you are currently in debt -- or if you ever have been in debt -- you may be  targeted for repeated assaults by notorious "Junk Debt" Buyers.  Do not take this battle laying down, especially when the debt may have already been paid!

"Junk debt" buyers are collection agencies that routinely purchase bad debts that have been charged off by the original creditors.  Furthermore, it is common for junk debt buyers to resell their non-performing debt to other collection agents.  Old collections and charge-offs, some of which may have already been settled with the original creditor, are their bread-and-butter!  These collectors are working strictly for themselves because they now OWN the old debt (at pennies on the dollar).  It makes no difference to them whether it is a valid debt or a billing error that has gone unattended. They simply do not care, and routinely break numerous State and Federal laws in their pursuit of collecting the debt (be it a valid debt or otherwise).

Contingency collection agencies work as agents for another company to collect a debt.  The ordinary junk debt buyer may also be in the contingency collection business, or they may contract with a contingency agent.  Junk debt buyers comprise a multi-billion dollar industry, and are responsible for a sizable percentage of violations of both consumer credit reporting laws and debt collection laws (e.g., FACTA/FCRA, FCBA, FDCPA). Check with your State's Attorney General for applicable State consumer protection statutes which these opportunists routinely violate.  Then file a complaint.

PROMINENT "JUNK DEBT" BUYERS (Some organizations are owned in part by others):

Several of the above organizations (including those in bold) have been the subject of recent Federal Trade Commission legal actions and/or may have been fined for abusive and illegal collection practices.  Arrow Financial Services, acquired by Sallie Mae in 2004, was fined by Minnesota Dept. of Commerce for multiple violations in 2005.  FNB of Marin will soon change its name to Credit One.

TYPICAL "JUNK DEBT" BUYER  FACTA / FCRA AND FDCPA VIOLATIONS:

  1. MULTIPLE LISTINGS OF THE SAME DEBT
    Junk debt buyers are responsible for the vast majority of multiple entries of the same debt in a person's credit report.  It is common to see the original debt (possibly indicated as a charge-off) and a subsequent collection on the same account. 
    It is increasingly common to see multiple subsequent collections placed by different offices of the same collector, indicating deliberate variations in or truncations of the account number.  Multiple collections will also occur when the debt is re-sold from one junk debt buyer to another -- and, if unpaid, the debt WILL be re-sold and re-sold!  These tactics are a deliberate attempt by collectors to maximize damage to the debtor's credit profile in an attempt to collect the debt.  Dispute all duplicate listings in your credit profile, and file suit against the collector whenever they are in violation of consumer protection laws.
    Duplicate listings are NEVER honest mistakes!
     

  2. RE-AGING ACCOUNTS
    Junk debt buyers routinely re-age accounts in an attempt to force settlement on "time barred" or "expired Statute of Limitations" accounts.  This causes the debtor's credit scores to fall precipitously, since the various credit scoring models (Equifax' Beacon 5.0,  Experian's FICO 2, and TransUnion's Empirica 950) interpret a re-aged tradeline as a current derogatory entry!  Under FCRA / FACTA the actual date that a debt first became delinquent is supposed to be reported to credit reporting agencies (within 90 days of the actual delinquency). However, junk debt buyers press a debtor for payment of any amount, in order to bring the debt back under the statute of limitations.  Once the debt is re-aged in this manner the collector can sue the debtor, and may stand a chance of winning a judgment!
    It is important to understand that your State's statute of limitations (SoL) for collections may differ from FCRA / FACTA statutes of limitations for reporting the debt.  New York and California are two States in which statutes of limitations will differ.  We shall soon add a detailed listing of SoLs from all States.
    Re-aging an account is NEVER an honest mistake!
     

  3. MISREPORTING AN ACCOUNT'S LEGAL STATUS
    Virtually all junk debt buyers enjoy misrepresenting the status of an account.  Junk debt buyers often purchase debts that may fall outside the statue of limitations for lawful enforcement of the debt (filing a suit), but NOT outside the statute of limitations for reporting the debt!  Junk debt buyers may report an old charge-off as an "open" account when it may have been discharged in a prior bankruptcy.  Misreporting the "open date" and "date of last activity" on a tradeline is also commonplace.  Another common practice for many junk debt buyers is to misreport debts as "revolving accounts".  These and other gross misrepresentations are in direct violation of the law!
    Misreporting an account's status is NEVER an honest mistake!
     

  4. COLLECTORS PASSING THEMSELVES OFF AS LAWYERS
    Some "collection attorneys" are nothing of the sort.  Yet some collectors often use this ploy to illegally extort payments from unsuspecting debtors. 
    Challenge the credentials of any "collection attorney" that contacts you.  Incidentally, if it turns out that the collector truly is a collection attorney -- and if they violate collection laws -- request their reprimand or disbarment by contacting the American Bar Association or these State and Local Bar Associations.  They ought to know better and certainly deserve having their careers in law terminated (with extreme prejudice) when they continue to break the laws they have sworn to preserve!
    Misrepresentation is NEVER an honest mistake!
     

  5. OTHER CODE VIOLATIONS
    This includes consumers not being notified that their calls are being monitored or recorded.  Contact your State Attorney General to see whether these and other illegal or unfair debt collection practices violate your State's consumer protection statutes.
    Unlawful collection practices are NEVER an honest mistake.

Settle all legitimate debt before it gives these parasites the opportunity to ruin your reputation and your life.  It is your duty to make the purchase of junk debt so unprofitable that junk debt buyers are driven back into legitimate collection practices -- or out of the collection business altogether.  ALWAYS take junk debt buyers who violate the law to Court for every violation of your rights under the law!

WHAT TO DO WHEN CONTACTED BY A "JUNK DEBT" BUYER CLAIMING TO OWN YOUR PAST DEBT:
  1. NEVER assume any wrongdoing.  Assume only that your rights are being violated by the collection agent.

  2. NEVER provide the collection agent with updated personal information. They are not entitled to know your income or any other details that might compromise your employment.

  3. NEVER acknowledge a debt or agree to any manner of payment until the collection agency validates the debt. (NOTE: previous billing statements are NOT considered as proof.)

  4. NEVER accept credit card offers that arrive with an offer to settle a debt or those which request payment in any form.

  5. RETAIN all letters, account statements, and court records -- and keep them for 15 years.

  6. MONITOR your credit reports closely!  (Obtain your free annual "credit report" here.)

  7. BE PREPARED to challenge junk debt buyers every time their illegal practices violate State or Federal consumer protection laws.  See them in Court!

 

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