Seven Steps To Protect Against False Courtroom Scams

Debt collection has descended to a new low point with prosecution of Unicredit America Inc for bringing false proceedings against debtors.

The Pennsylvania State Attorney  alleges that the company furnished bogus courtrooms with judges bench, lawyer’s table, witness stand, seating for spectators, legal books and complete with a person dressed in black acting as a judge.

Consumers apparently received notices to appear in the bogus Court often hand delivered by persons dressed as Sheriffs. The idea was to intimidate consumers into thinking they would be dragged off to prison if they failed to appear in the bogus Court. Once inside the Court, consumers were further intimidated into giving personal details including bank accounts, make immediate payments and surrender vehicles and other assets. Often an employee of the Company would go to the consumer’s house to retrieve further documents more than likely with a bogus search warrant or other document claiming to give lawful entry unless the consumer had been intimidated into giving permission to enter and take documents.

These are very serious allegations and we all hope that this sort of practice is stamped out once and for all and very heavy penalties applied to the offending Company and its directors.

It’s very difficult to detect if a document is bogus or not as sometimes the offenders will go to great lengths to forge the documents, consider money and passports for example, but there are a number of things you can do to help protect yourself:

1.       Check the date for your appearance at the Court. It is rare that a Court would require your appearance immediately. Be suspicious if it does.

2.       Check the name and address for the Court. All Courts have official addresses and if the address on the document is not one of those again treat with the utmost suspicion.

3.       Check for official Court stamps. Every document filed with the Court has the official Court seal on the face of the document.

4.       Make a note of the person or company filing the claim. Look for complete details such as address, phone numbers and contact person. If possible phone the company to verify the details then contact your local State Attorney’s Office to follow up on the validity.

5.       If a person is at your door claiming to have an authority to do something and you are in the slightest doubt, contact Police and an attorney immediately and refuse entry until validity of the claim is established.

6.       If you’ve been taken to an alleged Court, look at the surroundings, the type of building, the location of the alleged Courtroom, the other offices situated in the building, the people milling about. You should see of official looking people such as security, Court staff and attorneys in addition to other consumers.

7.       You have a right to legal representation and may reasonably refuse to give any evidence until you have consulted your attorney. Proper Courts rarely demand immediate action particularly when it is the first appearance. You are generally given the opportunity to prepare your defence and consult your attorney.

If you are in any doubt whatsoever regarding the official looking Court notice check it’s validity as outlined above. And, if faced with a person at your door demanding things contact Police and your attorney. Often even the threat of contacting Police will scare off the scammer immediately.

Make Yourself Heard

What part of the words “just a trim” didn’t the hair-hacking stylist get? Did you not go over how that silk shirt needed to be hand dried? Wasn’t it your idea that just come out of your colleague’s mouth and is now “the most genius thing” your boss has ever heard?

Do people avoid making any sort of eye contact with you while you are just trying to be helpful? Do you get interrupted? It is possible that you may be looked at as a know-it-all, or your suggestions could seem like criticism. Eventually people might stop listening to what you have to say altogether. Next time you have advice to give, try asking, “Would you like to hear what I think?” Or “I have a different point-of-view, would you like to listen to it?”

While you’re talking, do people look at their Blackberries or make you feel like you are wasting their time? It is a possibility that you could losing peoples interest due to a discrepancy in communication styles.

If you are speaking to slowly to a faster paced person, their mind might travel to other places; if you talk too rapidly to a slower-paced person, he may feel alarmed and tune out. So next time note how slow or fast the other person is talking. Do friends drift off while you’re pouring your heart out? According to a study, women like to talk about problems not in order to mend them but to share them as a way to minimize stress.

A lot of people-mostly men-hear this type of talk as a burdensome cry for help. Tell your co-worker or friend that you just need to vent for a little bit about what is going on, and let him know that there is no need for him to say or do anything about it. That can release him from thinking that he must offer a solution.

No matter what, there is no way you can go wrong by making people feel important and showing some interest in what they have to say. In other words, you will be listened to more if you listen to others.

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How To Stop Debt Collecter Phone Calls

There is nothing worse than phone calls from pesky debt collectors and sometimes it can happen even though there is no debt. But, whether it’s debt or not it is unlikely that you will want to deal with these calls. So how can you stop debt collector calls?

The first thing to know is that you have a legal right under the Fair Debt Collection Practices Act (FDCPA) to stop debt collector calls. The debt collector can call not only you but also your workplace, your neighbors and friends to get details about your whereabouts and can call over and over again if he or she has a reasonable belief that they may have new information about you and your residence.

Therefore, along with calls to yourself, you should also stop the debt collector calling your family, neighbors, friends and work. It is not difficult but you must be quite firm and specific about what you want. However, if it is a debt collector robot placing messages you will need to return the call for further information.

First thing to remember is not to agree to the debt or argue about it, simply ask the name of the caller, company name, address, phone and fax of the company the person calling from, and the name of the credit company which they are acting for. Under the law you have a right to this information when requested.
Secondly, tell the agency that they are required, under the law, to cease and further calls to yourself, family, friends, neighbors, work, and, any further communication with you must be in writing . If they ask you to verify your contact details tell them to forget it because they already have it.

Third, inform the caller that any further calls from them will be considered harassment and any further calls will be recorded by you to use as evidence against them. If you intend to record phone calls you must inform the person before recording and only use tapes or cassettes.

Fourth, you can inform them that you will put this request in writing and send it to them. Although not really necessary to inform them of this it is important that you really put the demand in writing and send it. When sending letter only use a post delivery method that gives you confirmation of delivery.

Lastly, wish them a good day and hang up! Its best to stay calm and calculated for the entire call. If you are angry and emotional they will use against you and cause you to say things that should not say, so stay aloof and businesslike.

Stopping the debt collector phone calls is not the end of the problem but at least it allows you to think clearly what your next steps will be.

How to Handle Debt Collection Agencies

Credit Card Debt and Debt Collection Agencies
If you have bad credit, you will have to deal with collection agencies sooner or later, and these companies often present the most persistent and unpleasant problem for those with bad credit. Collection agencies are basically companies that work on behalf of companies to try to recoup money that is owed.

If you owe your credit card company a payment that has not been made in some time, your credit card company will eventually ask a collection agency to speak with you.  In many cases, collection agencies try to get money for their clients through phone calls. Some collection agencies are quite reasonable and will try to work with you. However, some will use threatening or harassing techniques – including verbal threats and daily phone calls – to try to get you to pay.  To prevent the stress that collection agencies can cause, learn to deal with collection agencies.

You should always get the full name of whomever you speak with at a collection agency.  You should try to be honest about your ability to repay and try to work out a payment schedule or payment options.  If at any point you feel threatened or harassed, say so.  Hang up the phone if the collection agent persists and contact the company who is trying to recoup money from you directly.

Note that the collection agency the company uses has been using is using abusive or upsetting language and ask to resolve the issue with someone at the company directly.  Get the name of the collection agency and report them – and the agent you spoke with – to the Better Business Bureau.  Refuse further calls from the collection agency and continue your communication with the creditor directly, noting each time the collection company contacts you with harassing or abusive calls.

Unfortunately, some collection agencies feel that intimidation yields the best results and since most collection agencies work through telephoning, they feel that they can say whatever they like (including making personal and false accusations) in order to try to recoup money for their clients. There is no paper trail and few people harassed by the agencies take these companies to court.

One further thing you could do with abusive phone calls, but you should first check with your State Attorney Department as laws vary, is to inform the caller that you will now start recording the conversation. Repeat their name, company, contact details and time of call and ask them if they consent to the call being recorded. It would be a foolish debt collector to then continue the abuse, whether the call was recorded or not.

Where the collection company has started entering your property without your permission you should tell them to leave immediately or call the police.

Some debtors feel so ashamed of their bad credit rating that they almost feel that they deserve the abuse.  Both views are completely wrong. A bad credit rating does not make you deserving of abuse.  Report collection agencies that offer harassment as a technique and make it clear to lenders that you will not work with a company that uses abuse as a technique of recouping money.

Some collection agencies will try to use your credit score against you, telling you that they can ruin your credit score at a glance or file a claim on your credit score.  Don’t fall for this.  Your credit score is instantly affected when you fail to make a payment or are reported to a collection agency, so there is nothing that the collection agency employee can do to make your credit score any worse beyond those two things mentioned.

Do not let false claims about your credit score intimidate you into accepting the abuse of a collection agency. You will still be eligible for credit in many cases.