Shining Spotlight on Racket of Debt Collection

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Table of Contents:
http://www.suijuris.net/forum/banks-...html#post99328


An introduction by actual cases/examples/events.

Disclaimer Part I:

The information contained within the Forum/Thread(s)
is intended for informational purposes only.

The contents, including any publications and links, are not intended
as professional advice and should not be used as such.

The users of the Threads should not consider any information as forming
an attorney/client or any relationship.

By using this Forum/Thread(s,) you acknowledge that nothing
here is intended to be construed as legal advice.

I suggest all readers who are not members to register as that allows
to link to any part of the Forum/Website and I provide links/references
to membership and non-membership areas equally.

You do not have to register and I am not related to any registration process,
but, I have no means of reposting the contexts of all the links here.

Therefore, if any of the crucial information is not available to you,
that is beyond my control,
as the registration allows full access anywhere and it is free to all!
The reason I post on this Forum extensively is because it is the best one I found
by merit and spirit regarding the vast knowledge of law and some other areas.
I, truly, respect the Forum and can say, even, love, as well as most of members here.

Few conflicts and arguments that arise anywhere in any free Forum are totally OK
with me, as all sides have an equal opportunity to present their best.

Freedom of expression is retained as well.

I suggest all to concentrate on the positive and not dwell on the negative as,
any Forum,
is a mini society with its Egregor and Aura.

Freedom is more important than censorship.



As I run this thread, which is a mini society in society, I would do my best
for all of you to have freedom and respect as we all deserve such, when act accordingly.
Any violations of that, would be actively and fairly approached.

This Thread is for Sovereign minds by Sovereign minds!

This part is mostly for the beginners,
as there is much confusion on the subject,
we need to clarify some basics.

Yet, some parts may be of use, even, to more savvy reader.

Before you know it, we would be covering the actual strategy
that may repel the aggressor - debt collector.
Actual Motions and cases, would be referred to and posted;
yet, without the understanding of the basic concepts of law,
only confusion and premature action may backfire in our face.

Remember, you may not return any letter by which you reply debt collector.

You may not return any Motions submitted to Court.

Basic knowledge is a must, thus.


I am starting, practically, from a scratch, even though,
truly, priceless information is posted by many SuiJuris in different threads.

Look for that and do not underestimate the awesome job these people did
in order to share that with you.

Organize yourself.

Create a separate "folder" in your PC
and download what may help you.

You would, only, become more proficient when read
deferent approaches and techniques, as
would be able to discern on your, own
what makes more sense.

Those who truly care, would only
be happy to know that
you received help - "from where" is irrelevant,
as it is the result that counts!

You are encouraged to research what makes sense to you,
then, choose what resonates in you deeper.

Then, be consistent, in order to avoid confusion, as the goal is
to find coherence and personal understanding
so that you truly understand and do not, only, repeat mechanically.

Disclaimer Part II:

no personal attacks are permitted on any one in this thread,
as it is meant to help those who need help - not to ridicule
their naivety or lack of knowledge.

In time, they would help others.

Differences in opinions must be stated as such and not as facts of law
or a verities unless they are Maxims of Life.

Patience and benevolence toward each other and personal problems concerning
debt collection should be exhibited.

If the above is not realistic, there many other threads - no one is forcing
such people to linger here.

The Consumers who are assaulted by debt collectors have different problems
and personal circumstances.

No one may judge them unless knows all the facts.

Helping each other is the goal of this thread - nothing else.

Anyone who consistently acts unethically toward a person who posts here,
would be asked to stop
such, unjust conduct.

Anyone who persists, would be asked by the Administrator to be blocked
from insulting others here only, at this thread, as sensitive and personal issues
may be revealed by others.

Please respect that vulnerability.

In short, ridiculing others would not be tolerated here a bit.

Only constructive criticism meant to help others - not hurt their feeling is suggested.

In my personal case, I do not mind total freedom of exercising your opinion vs me,
as can handle such on my own.

Looking ahead, I request only two things, as search engines capture many threads
and carry them all over:

a) no obvious cursing at all (abbreviations only if must.)
Using creativity it OK.
For example, I call debt collectors mutants because they use abnormal, mutated ways
in their filthy work in my opinion.
They do act as s-holes.
Mutants are s-holes.
S-holes are mutants.
Therefore, logic & accuracy is preserved.

Anyway, you look at it, only mutated s-holes would rejoice at misery of others
& steel last dollar from the people when these people
do not owe debt collectors a dime.

b) no suggestions of violence against any people: corrupted or not.

That's all.

================================================== =======================



An introduction by example of one debt collector.

If United Recovery Systems, Inc. (URS)

contacts you, do not forget to include this copy
to them with your response if you have to respond.

Later, we would examine the options of response.

It is time to turn the hunters into the hunted ones.

For Release: April 17, 2002

Houston-based Debt Collector Agrees to Pay $240,000 to Settle Charges of Violating Fair Debt Collection Practices Act

First FDCPA Enforcement Action Specifically Protecting Spanish-Language Consumers

Houston, Texas-based United Recovery Systems, Inc. (URS) has agreed to pay a $240,000 civil penalty as part of a settlement with the Federal Trade Commission to resolve allegations that the company violated the Fair Debt Collection Practices Act (FDCPA). This is the FTC's first enforcement action against a debt collection company for allegedly violating the rights of Spanish-speaking consumers.

According to the FTC's complaint, on numerous occasions, in connection with the collection of debts in both English and Spanish, the company's debt collectors communicated with consumers at improper times or places, engaged in prohibited communications with third parties, harassed and abused consumers, and used deceptive practices to collect consumer accounts. In addition to the civil penalty, the proposed consent decree to settle the FTC charges includes broad prohibitions on future FDCPA violations and would require URS to inform consumers in writing that they may stop the company from contacting them about the debt and may contact a special URS phone number or address should they have a complaint about the way URS is collecting the debt. The settlement also includes a comprehensive consumer complaint and resolution program under which every consumer complaint about URS collection practices must be thoroughly investigated and responded to by the company.

"Spanish-speaking consumers are a growing and vital part of America's economy. They deserve the same strong protection from abuse as other members of our society," said J. Howard Beales, III, Director of the FTC's Bureau of Consumer Protection. "Regardless of the language they speak, the FTC will protect the rights of all consumers."


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In effect since March 1978, the FDCPA prohibits abusive, deceptive and unfair debt collection practices. For example, in an effort to collect a debt, a collector may not discuss the debt with anyone other than the consumer and certain other persons, such as the consumer's attorney or spouse. In addition, under the FDCPA, collectors may not make false statements, use obscene or abusive language, threaten to take legal action they cannot or do not intend to take, call consumers at work if they know it is inconvenient or not permitted by the employer, or call consumers at other times they know to be inconvenient to the consumer, such as before 8:00 a.m. or after 9:00 p.m.

According to the FTC's complaint detailing the charges, when attempting to collect debts in both English and Spanish, URS repeatedly violated the FDCPA by:

discussing details of the consumers' alleged debts with third parties, such as the consumers' parents, children, employers and co-workers;
communicating with consumers at times or places that the company knew or should have known to be inconvenient, including at the consumers' place of employment;
using language the natural consequence of which is to harass, oppress, or abuse;
falsely stating or implying that failure to pay the debt could result in arrest, imprisonment, or garnishment of wages; and
threatening to take action - such as filing a collection suit against the consumer - when the company did not intend to take such action.
The proposed consent decree to settle the allegations, in addition to requiring the $240,000 civil penalty, would prohibit the company from violating any provisions of the FDCPA in the future. Further, the proposed settlement would require URS clearly and conspicuously to disclose to consumers it contacts in writing that they may stop the company from contacting them about the debt. In addition, URS would be required to notify consumers that they may contact a special URS address or toll-free phone number if they have a complaint about the way URS is collecting the debt. To be clear and conspicuous, these disclosures must be made in Spanish when communicating with consumers in that language.


The proposed consent decree also requires URS to investigate promptly all consumer complaints it receives, take corrective action where necessary, and document in writing the results of each investigation and corrective action taken. Finally, the consent decree contains a number of reporting and record keeping requirements that will assist the FTC in monitoring compliance with the terms of the settlement.

This matter was handled by the FTC's Southwest Region in Dallas. The complaint and the proposed consent decree were filed by the Department of Justice on behalf of the FTC in the U.S. District Court for the Southern District of Texas, in Houston, Texas, today. The Commission vote to refer the complaint and proposed consent decree to DOJ for filing was 5-0.

The FTC has expanded its education efforts for Spanish-speaking consumers. The agency has a number of credit consumer brochures in Spanish including: "FTC FACTS: Fair Debt Collection"; "Credit and Your Consumer Rights"; and "Knee-Deep in Debt."



--------------------------------------------------------------------------------

NOTE: This consent decree is for settlement purposes only and does not constitute an admission by the defendant of a law violation. Consent decrees are subject to the court's approval and have the force of law when signed by the judge.

Copies of the complaint and proposed consent decree are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. The FTC has free consumer brochures on over 150 topics, including many covering issues of debt and credit. Many of these are now available in Spanish. To request consumer brochures or to file a complaint, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or contact us at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

MEDIA CONTACT:
Howard Shapiro,
Office of Public Affairs
202-326-2176

STAFF CONTACT:
Thomas B. Carter,
Southwest Region - Dallas
214-979-9350
SPANISH-LANGUAGE

STAFF CONTACT:
Sandra Pedroarias,
Bureau of Consumer Protection
202-326-2730
(Civil Action No.: H-02-1410 (sl))
(FTC File No.: 002-3133)

(http://www.ftc.gov/opa/2002/04/unitedrecovery.htm)




If need to file a complaint on line to the FTC
of violations by debt collectors:

https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Research and organize yourself well before
submit your complaint,
as all data is retained on FTC file.

Do not rush,
as making an impression is one time chance,
too often!

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If need to file a complaint on line to the FTC
of violations by debt collectors:

https://rn.ftc.gov/pls/dod/wsolcq$.s..._ORG_CODE=PU01

As a consumer or businessperson, you may be more familiar with the work of the Federal Trade Commission than you think.

Consumers who refer to care labels in their clothes, product warranties or stickers showing the energy costs of home appliances are using information required by the FTC. Businesses must be familiar with the laws requiring truthful advertising or prohibiting price fixing. These laws also are administered by the FTC.

The FTC deals with issues that touch the economic lives of most Americans. In fact, the agency has a long tradition of maintaining a competitive marketplace for both consumers and businesses. When the FTC was created in 1914, its purpose was to prevent unfair methods of competition in commerce as part of the battle to “bust the trusts.” Over the years, Congress passed additional laws giving the agency greater authority to police anticompetitive practices.

In 1938, Congress passed the Wheeler-Lea Amendment, which included a broad prohibition against “unfair and deceptive acts or practices.” Since then, the Commission also has been directed to administer a wide variety of other consumer protection laws, including the Telemarketing Sales Rule, the Pay-Per-Call Rule and the Equal Credit Opportunity Act.

In 1975, Congress passed the Magnuson-Moss Act, which gave the FTC the authority to adopt trade regulation rules that define unfair or deceptive acts in particular industries. Trade regulation rules have the force of law. As you read through this booklet, you will learn about other laws that enable the FTC to help consumers.

The FTC’s work is performed by the Bureaus of Consumer Protection, Competition and Economics. That work is aided by the Office of General Counsel and seven regional offices.

If properly and wisely utilized, the FTC may, actually follow the law and defend your rights,
but, the best assurance of such is your ability to know your rights first.

We would examine them and how to defend against the mutants of debt collection industry,
who are trained how to break those laws.


Let's see what they have provoked once they have run into real SuiJuris.

They play a game with the people and have fun at our expense,
fine, let the Games Begin...

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Basics of the FTC

Credit and Your Consumer Rights

A good credit rating is very important. Businesses inspect your credit history when they evaluate your applications for credit, insurance, employment, and even leases. They can use it when they choose to give or deny you credit or insurance, provided you receive fair and equal treatment. Sometimes, things happen that can cause credit problems: a temporary loss of income, an illness, even a computer error. Solving credit problems may take time and patience, but it doesn’t have to be an ordeal.

The Federal Trade Commission (FTC) enforces the credit laws that protect your right to get, use and maintain credit. These laws do not guarantee that everyone will receive credit. Instead, the credit laws protect your rights by requiring businesses to give all consumers a fair and equal opportunity to get credit and to resolve disputes over credit errors. This brochure explains your rights under these laws and offers practical tips to help you solve credit problems.

Your Credit Report

Your credit report contains information about where you live, how you pay your bills, and whether you’ve been sued, arrested, or filed for bankruptcy. Consumer reporting companies sell the information in your report to businesses that use it to evaluate your applications for credit, insurance, employment, or renting a home.

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies. Under the Fair Credit Reporting Act:

You have the right to receive a copy of your credit report. The copy of your report must contain all the information in your file at the time of your request.

Each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – is required to provide you with a free copy of your credit report, at your request, once every 12 months. The companies are rolling this out across the country during a nine-month period. By September 2005, consumers from coast to coast will have access to a free annual credit report if they ask for it. For details, see Your Access to Free Credit Reports at ftc.gov/credit.

Under federal law, you’re also entitled to a free report if a company takes adverse action against you, like denying your application for credit, insurance, or employment, and you ask for your report within 60 days of receiving notice of the action. The notice will give you the name, address, and phone number of the consumer reporting company. You’re also entitled to one free report a year if you’re unemployed and plan to look for a job within 60 days; if you’re on welfare; or if your report is inaccurate because of fraud, including identity theft.

Otherwise, a consumer reporting company may charge you up to $9.50 for another copy of your report within a 12-month period.

You have the right to know who asked for your report within the past year – two years for employment related requests.

If a company denies your application, you have the right to the name and address of the consumer reporting company they contacted, provided the denial was based on information given by the consumer reporting company.

If you question the accuracy or completeness of information in your report, you have the right to file a dispute with the consumer reporting company and the information provider (that is, the person, company, or organization that provided information about you to the consumer reporting company). Both the consumer reporting company and the information provider are obligated to investigate your claim, and responsible for correcting inaccurate or incomplete information in your report. For details, see How to Dispute Credit Report Errors at ftc.gov/credit.

You have a right to add a summary explanation to your credit report if your dispute is not resolved to your satisfaction. You also can ask the consumer reporting company to provide your statement to anyone who received a copy of your report in the recent past. You can expect to pay a fee for this service.
Your Credit Application

When creditors evaluate a credit application, they cannot engage in discriminatory practices.

The Equal Credit Opportunity Act (ECOA) prohibits credit discrimination on the basis of sex, race, marital status, religion, national origin, age, or receipt of public assistance. Creditors may ask for this information (except religion) in certain situations, but they may not use it to discriminate against you when deciding whether to grant you credit.

The ECOA protects consumers who deal with companies that regularly extend credit, including banks, small loan and finance companies, retail and department stores, credit card companies, and credit unions. Everyone who participates in the decision to grant credit, including real estate brokers who arrange financing, must follow this law. Businesses applying for credit also are protected by this law. Under the Equal Credit Opportunity Act:

You cannot be denied credit based on your race, sex, marital status, religion, age, national origin, or receipt of public assistance.

You have the right to have reliable public assistance considered in the same manner as other income.

If you are denied credit, you have a legal right to know why.
For details, see Equal Credit Opportunity at ftc.gov/credit.

Your Credit Billing and Electronic Fund Transfer Statements

It is important to check credit billing and electronic fund transfer account statements regularly because these documents may contain mistakes that could damage your credit status or reflect improper charges or transfers. If you find an error or discrepancy, notify the company and dispute the error immediately. The Fair Credit Billing Act (FCBA) and Electronic Fund Transfer Act (EFTA) establish procedures for resolving mistakes on credit billing and electronic fund transfer account statements, including:

charges or electronic fund transfers that you – or anyone you have authorized to use your account – have not made;

charges or electronic fund transfers that are incorrectly identified or show the wrong date or amount;

math errors;

failure to post payments, credits, or electronic fund transfers properly;

failure to send bills to your current address – provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends;

charges or electronic fund transfers for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.
The FCBA generally applies only to “open end” credit accounts – credit cards and revolving charge accounts, like department store accounts. It does not apply to loans or credit sales that are paid according to a fixed schedule until the entire amount is paid back, like an automobile loan. The EFTA applies to electronic fund transfers, like those involving automatic teller machines (ATMs), point-of-sale debit transactions, and other electronic banking transactions.

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For details, see Fair Credit Billing and A Consumer’s Guide to E-Payments at ftc.gov/credit.

Your Debts and Debt Collectors

You are responsible for your debts. If you fall behind in paying your creditors, or if an error is made on your account, you may be contacted by a “debt collector.” A debt collector is any person, other than the creditor, who regularly collects debts owed to others, including lawyers who collect debts on a regular basis. You have the right to be treated fairly by debt collectors.

The Fair Debt Collection Practices Act (FDCPA) applies to personal, family, and household debts. This includes money you owe for the purchase of a car, for medical care, or for charge accounts. The FDCPA prohibits debt collectors from engaging in unfair, deceptive, or abusive practices while collecting these debts. Under the Fair Debt Collection Practices Act:

Debt collectors may contact you only between 8 a.m. and 9 p.m.

Debt collectors may not contact you at work if they know your employer disapproves.

Debt collectors may not harass, oppress, or abuse you.

Debt collectors may not lie when collecting debts, such as falsely implying that you have committed a crime.

Debt collectors must identify themselves to you on the phone.

Debt collectors must stop contacting you if you ask them to do so in writing.
For details, see Fair Debt Collection at ftc.gov/credit.

Solving Your Credit Problems

Your credit report can influence your purchasing power, as well as your opportunity to get a job, rent or buy an apartment or a house, and buy insurance. When negative information in your report is accurate, only the passage of time can assure its removal. A consumer reporting company can report most accurate negative information for seven years and bankruptcy information for 10 years. Information about an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. There is no time limit on reporting information about criminal convictions; information reported in response to your application for a job that pays more than $75,000 a year; and information reported because you’ve applied for more than $150,000 worth of credit or life insurance. There is a standard method for calculating the seven-year reporting period. Generally, the period runs from the date that the event took place.

If you are having problems paying your bills, contact your creditors immediately. Try to work out a modified payment plan with them that reduces your payments to a more manageable level. Don’t wait until your account has been turned over to a debt collector.

Here are some additional tips for solving credit problems:

If you want to dispute a credit report, bill or credit denial, write to the appropriate company and send your letter “return receipt requested.”

When you dispute a billing error, include your name, account number, the dollar amount in question, and the reason you believe the bill is wrong.

If in doubt, request written verification of a debt.

Keep all your original documents, especially receipts, sales slips, and billing statements. You will need them if you dispute a credit bill or report. Send copies only. It may take more than one letter to correct a problem.

Be skeptical of businesses that offer instant solutions to credit problems: There aren’t any.

Be persistent. Resolving credit problems can take time and patience.

There is nothing that a credit repair company can charge you for that you cannot do for yourself for little or no cost.
If you’re not disciplined enough to create a workable budget and stick to it, work out a repayment plan with your creditors, or keep track of mounting bills, consider contacting a credit counseling organization. Many credit counseling organizations are nonprofit and work with you to solve your financial problems. But not all are reputable. For example, just because an organization says it’s “nonprofit,” there’s no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, or hide their fees by pressuring consumers to make “voluntary” contributions that only cause more debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

For more information, see Knee Deep in Debt and Fiscal Fitness: Choosing a Credit Counselor at ftc.gov/credit.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

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If you are one of the millions of Americans who borrows money, buys items on installment credit, or cosigns for another person's debt, you may want to know about the Federal Trade Commission's Credit Practices Rule. The Rule, which became effective March l, l985, prohibits many creditors from including certain provisions in consumer credit contracts. It also requires creditors to provide a written notice to consumers before they cosign obligations for others about their potential liability if the other person fails to pay. Finally, it prohibits one method of assessing late charges.

What contracts are covered?
The Rule applies to consumer credit contracts offered by finance companies, retailers (such as auto dealers and furniture and department stores), and credit unions for any personal purpose except to buy real estate. It does not apply to banks or bank credit cards; to savings and loan associations; or to some non-profit organizations. (However, similar rules for banks -- under the Federal Reserve Board -- and for savings and loans -- under the Office of Thrift Supervision -- went into effect January 1, 1986.) The Rule does not apply to business credit.

What contract provisions are prohibited?
The Rule prohibits creditors from including certain provisions in their consumer credit contracts. Specifically, credit contracts no longer can include provisions that:

Require you to agree in advance, should the creditor sue you for non-payment of a debt, to give up your right to be notified of a court hearing to present your side of the case or to hire an attorney to represent you. (These clauses were often called "confessions of judgment" or "cognovits.")
Require you to give up your state-law protections that allow you to keep certain personal belongings even if you do not pay your debt as agreed. (These clauses were called "waivers of exemption.") State law generally allows you to keep your home, clothing, dishes, and other belongings of a fixed minimum value. However, when the debt incurred is to purchase an item and that item is used as security for the debt, it is permissible under the Rule for a creditor to repossess that item.
Permit you to agree in advance to wage deductions that would pay the creditor directly if you default on the debt, unless you can cancel that permission at any time. (These clauses were called "wage assignments.") However, a wage or payroll deduction plan, through which you arrange to repay a loan, is a common payment method and is permissible under the Rule.
Require you to use as collateral certain household and uniquely personal items that are of significant value to you but are of little economic value to a creditor. Such items include appliances, linens, china, crockery, kitchenware, wedding rings, family photographs, personal papers, the family Bible, and household pets. (These were called "household goods security" clauses.) However, if you borrowed money to buy any of these household or personal items, and use the items as collateral, the creditor can repossess the purchased item if you do not repay the loan.
What notices must be given to cosigners?
When you agree to be a cosigner for someone else's debt, you are guaranteeing to pay if that person fails to pay the debt. The Rule requires that you be given a notice that explains the responsibility you are undertaking. Under the Rule, the cosigner notice must say:

You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.

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You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.

The creditor can collect this debt from you without first trying to collect from the borrower.* The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.

This notice is not the contract that makes you liable for the debt.

*Depending on your state, this may not apply. If state law forbids a creditor from collecting from a cosigner without first trying to collect from the primary debtor, this sentence may be crossed out or omitted on your cosigner notice.

This notice is not required when you receive benefits from the contract, such as when you buy goods, take out a loan, or open a joint credit-card account with another person. In these cases, you would be a co-buyer, co-borrower, or co-applicant (co-cardholder) rather than a cosigner. Therefore, the creditor would not be required to provide the notice.

How can late charges be assessed?
A creditor can charge a late fee if you do not make your loan payment on time. However, it is illegal under the Rule for a creditor to charge you late fees or payments simply because you have not yet paid a late fee you owe. This practice is called "pyramiding late fees." Under the Rule, this means that if you do not include the late fee you owe with your next regular payment, it is illegal for a creditor to subtract the late fee from your payment and then charge you a second late fee because the current payment is insufficient. For example, your loan contract may state that your monthly payments are $100 and that you will be assessed a $10 late fee if you pay after the grace period. If you make your $100 loan payment after that time and you do not include the $10 late fee with your next $100 payment, a creditor cannot first deduct the missing $10 late fee from the $100 payment, claim you have now paid $90, and then charge you an additional late fee. But, if you skip one month's payment entirely, the creditor can charge late fees on all subsequent payments until you bring your account up to date.

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As we began with one firm stated below:

United Recovery Systems
Glenn P. Osuch, President
Douglas B. Schultz, Chief Executive Officer
5800 N Course Dr
Houston, TX 77072-1613
Phone: (713) 977-1234
Fax: (713) 977-0119
Web site: www.ursi.com



Below is an actual example of how these guy act
toward Consumers:

Such conduct is not only misleading by URSI; it is criminal.

Posted by scared (xxxxxxxxxxxxx) on January 27, 2004 at 11:42:59:

I need help. I have a charged off American Express account with a really high balance. I get calls from the bill collector everyday saying that he will sue me and by not paying the bill i am 'attempting to defraud american express'. he says i can be prosecuted and it would be a felony. its bad enough that i can go to jail but they call my relatives to have them give me messages and they have called my neighbors to bring me messages and tape them to my door. is this legal? i need help bad. can i go to jail? i never intended on not being able to pay them back.

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We would begin a serious of opened lessons-discussions in non-judgmental format
in which we are all equal and would form

a fortress of defense
vs.
the mutants of debt collection
racket

before we begin our advance on their positions.

We would look at their tactics from
a point of view of a warfare.


At first, the mutants may call you.

Secondly, they begin writing demand letters.

Thirdly, they combine one and two non-stop.

I would try to be brief whenever possible and give a
minimum required inside on understanding of what is really
going on
behind the curtain of the nationwide fraud they
commit vs. the people with help of corrupted judges

In brief:

for most parts debt collection activity is illegal,
while the corruption of the governmental agencies
allows that to reach, virtually, "sanctioned" extortion-like proportions.

If law is to be followed, no collections can take place
from the third party debt collectors

(a firm that is not a party to the original credit provider.)


Logic dictates that

when such collection is successful -
laws are violated.

Yes, they are.

Often, it doesn't even come to law as
most Consumers become

intimidated
and yield to fraud.

Debt collectors are typical bullies preying
on Consumers by such tactics.

What needs to be done vs a bully in debt collection?

1) Have guts.

2) Learn the law.

3) Learn from those who know and are able to win.

4) Review wining cases.

5) Choose your direction, as wondering in Cyberspace,
among thousands of credit-matters forums, usually
confuses even more, even though, may teach you a lot
by sheer volume of data shared.

It is also, often, a misleading approach, as many folks
mean well but repeat what they do not, even, understand,
themselves, presenting such by their, own version.

6) Learn how banking-credit system works.

7) SuiJuris has many answers to the issues raised.

I may or may not provide much, new information,
but,
I believe that the value of this Thread would be in

Esoteric approach

to the dilemma, as that is something
new to the debt racket and its participants
may not be
ready for such.

If patience is exhibited,
interesting things would
be revealed.

8) We would review actual cases from some of us and
use a nightmare method to all bullies - a united front of
defense, as those of us who care, would help and give
our, opinions on the case until we choose by rules of
true Democracy - the best route and would, jointly,
repeal the aggressors.

That is the key.

9) A united from from SuiJuris is nightmare
to any bullies, indeed.

10) I do not doubt for moment that a united front is,
practically unbeatable -

all for one and one for all -

may not be such a bad idea in this case.

When you get meaningful help finally, enjoy and just make sure
you help someone else in return
so that the positive chain of benevolence
and brotherhood-sisterhood continues.

As for debt collectors, may they swim in their, own....

They are such, good, naturally born...
swimmers...

Lesson No 1 is coming tomorrow.

[Sharing Lights]

All are welcomed, from any places and Forums,
including from those where negative comments came from earlier to other threads.

It is never late to act fairly and benevolence is extended to all.

Willful deceit and lies would be exposed, nevertheless as that is our duty and right
to be free of them!


"Forgive and be forgiven!"

Review this Motion (by part posted)
Note the actual court cases - or the table of authorities.
Copy such for the future.

Task: homework:

1) Find out on your own: what "Memorandum Of Law" means?
2) "dunning letter?"
3) "common law?"
4) when you encounter in court documents something like this:
15 USC 1692g, 1692g(a)(3) what does that mean and how to find answers to such?
5) How do you have to read the following when it comes to court cases and find them
on the Web?
6) What is "promissory note?"
7) what is "Uniform Commercial Code" and its purpose?
8) what is the FTC and which main acts does it it have?

Please post your answers as that is for your benefit and learning
how to work with each other and help each other efficiently and jointly.


We are going to start from the scratch so that all can follow, particularly
who are not familiar with basics of law, yet.

Those who are at the advance level are encouraged to share and lead others;
just be responsible, as the people here trust you unless proved otherwise.


No one is judging you, at least here.
If feel shy, use nicknames.

Let's begin building the omni-powerful Fortress of SuiJuris answer
to debt collection racket!



Again, once you find answers, please share freely.
If can add something new and useful to the existing answers, please feel free.



Memorandum of law


Violation of the Fair Debt Collections Practices Act deprives the alleged debtor of due process rights depriving the court of subject matter jurisdiction.

The Act applies to third party debt collectors.

Third party debt collectors includes lawyers and law firms who are attempting to collect any alleged.

George W. Heintz v. Darlene Jenkins, 514 U.S. 291, 115 S.Ct. 1489.

When a third party debt collector contacts an alleged debtor, the collector must in the first communication or within five (5) days thereafter furnish the alleged debtor with a “dunning letter.”

The dunning letter must inform the alleged debtor that the collector is attempting to collect a debt and inform the alleged debtor that they have thirty (30) days to dispute the debt. 15 USC 1692g, 1692g(a)(3).

The alleged debtor has thirty (30) days to dispute the debt requiring the collectors to furnish validation of the debt. 15 USC 1692G(b).

Debt collection activity must cease if the debt is disputed.

Failure to notice the alleged debtor of their due process rights or failure to cease collection activity until timely validation voids any legal proceedings. To have standing, party suing in foreclosure of debt must produce the original promissory note.

Complaining party must

(1). Prove standing by possession of the original promissory note, and
(2). Must prove damages by appearance of a competent fact witness:

Where the complaining party cannot prove the existence of the note, then there is no note.

To recover on a promissory note, the plaintiff must prove:

(1) the existence of the note in question;

(2) that the party sued signed the note;

(3) that the plaintiff is the owner or holder of the note; and

(4) that a certain balance is due and owing on the note.
See In Re: SMS Financial LLc. v. Abco Homes, Inc. No.98-50117 February 18, 1999
(5th Circuit Court of Appeals.), Volume 29 of the New Jersey Practice Series,
Chapter 10 Section 123, page 566, emphatically states,

“...; and no part payments should be made on the bond or note unless the person
to whom payment is made is able to produce the bond or note and the part payments
are endorsed thereon. It would seem that the mortgagor would normally
have a Common law right to demand production
or surrender of the bond or note and mortgage, as the case may be.

Carnegie Bank v, Shalleck 256 N.J. Super 23 (App. Div 1992),
the Appellate Division held, “When the underlying mortgage is
evidenced by an instrument meeting the criteria for negotiability.”
Since no one is able to produce the “instrument” there is no competent
evidence before the Court that any party is the holder of the alleged note
or the true holder in due course.

New Jersey common law dictates that the plaintiff
prove the existence of the alleged note in question, prove that the party
sued signed the alleged note, prove that the plaintiff is the owner and holder
of the alleged note, and prove that certain balance is due and owing
on any alleged note.

Federal Circuit Courts have ruled that the only way to prove the perfection
of any security is by actual possession of the security. See
Matter of Staff Mortg. & Inv. Corp., 550 F.2d 1228 (9th Cir 1977).

“Under the Uniform Commercial Code, the only
notice sufficient to inform all interested parties that a security interest in
instruments has been perfected is actual possession by the secured party,
is agent or bailee.” Bankruptcy Courts have followed the Uniform Commercial Code.

In Re Investors & Lenders, Ltd. 165 B.R. 389 (Bkrtcy.D.N.J.1994),
“Under the New Jersey Uniform Commercial Code (NJUCC),
promissory note is “instrument,” security interest in which must be perfected by possession ...”

Unequivocally the Court’s rule is that in order to prove the “instrument”,
possession is mandatory. Claim of damages,
to be admissible as evidence, must incorporate records such as a general ledger
and accounting of an alleged unpaid promissory note, the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger.

See Pacific Concrete F.C.U. V. Kauanoe,
62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka
5 P.3d 807, 96 Hawaii 32, (Hawaii App 2001), Fooks v. Norwich Housing Authority
28 Conn. L. Rptr. 371, (Conn. Super.2000),
and Town of Brookfield v. Candlewood Shores Estates,
Inc. 513 A.2d 1218, 201 Conn.1 (1986). See also Solon v. Godbole,
163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 (3Dist. 1987).