Dear To Her Credit, I received a phone call from 567-248-4455. The Caller ID said “Phone Scam,” which I thought was funny. It was the usual recorded message offering to lower my interest rates. Out of curiosity, I hit the 9 button to hear more information. It took me to a representative, obviously in another country, who told me that he represents all credit cards from all banks, and he can get my interest rates lowered for me. All I have to do is confirm my credit card numbers.
I kept going, just to see if he really had my credit card numbers. (I had no intention of reading my card numbers off on the phone!) What really got me was that he knew the first four digits of one of my Visa cards.
If ever there were an understatement, it’s that debt collectors are not popular among debtors. They buy debts from banks, often for a fraction of their values, and then pursue the debtors until they are paid, if they can be. Every successfully collected debt adds to their profit margins, so they have a potent incentive to employ as high-handed tactics as they possibly can.
Consequently, Congress stepped in and passed laws to protect debtors while allowing collectors to maintain their businesses. Of particular note are the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
According to the Federal Trade Commission’s Web site [http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm], here are some practices that debt collectors cannot engage in:
Phone calls before 8:00 AM or after 9:00 PM, unless you agree.
Phone calls at your workplace if your employer forbids debt collectors from calling there.
Contacting you or anyone else after you have told them that you are represented by an attorney. Onc
The rules of procedure in Massachusetts bankruptcy court are clear; just as the rules of civil procedure are in state and federal courts: When you file a “complaint” to initiate a civil lawsuit in court, the rules require a “short and plain statement” regarding 1. Jurisdiction, 2. What is the “claim” and 3.What kind of relief is sought. In our Massachusetts bankruptcy blog we have discussed bankruptcy sanctions. This article is about sanctions on an attorney.
In a proceeding in Bankruptcy Court, a Massachusetts bankruptcy attorney filed a complaint in a Boston Chapter 7 case called an adversary proceeding. That is, following a filing for bankruptcy protection to discharge the debts of his client, the attorney, on behalf of his client filed a lawsuit within, or on top of, the bankruptcy proceeding, for relief beyond and in addition to the discharge of consumer debts.
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