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It’s happening across the country. It could happen to you. Innocent Walworth County residents are receiving phone calls from someone trying to collect on a debt or loan, but the loan doesn’t exist or the amount owed is incorrect. Sometimes the voice on the other end threatens to send you to jail for failure to pay. This frightening scenario is being experienced by Walworth County consumers more and more. It’s called fraudulent collections or fake collections, and sometimes referred to as “phantom debt collection”.
Fraudulent collections are making headlines once again. The Consumer Financial Protection Bureau has filed a lawsuit against more than a dozen debt collectors, payment processors, and related entities for failure to stop fraudulent collection tactics. The complaint accuses many debt collectors located in Georgia and New York of harassing consumers about “phantom” debts. Consumers were harassed, threatened, and deceived in order to collect on debt that was not even owed.
How Can A Walworth County Resident Recognize a Fake Debt Collector?
In today’s day and age, we are all always on alert for scam artists, online and offline. As consumers victimized in the aforementioned lawsuit paid millions of dollars on debts that were fake, the fraudulent debt collectors do a really good job of convincing people. How else could they fool so many people?
It can be very difficult for Walworth County residents to tell the difference between a legitimate debt collector and a fake debt collector. Fake debt collectors sometimes have your personal information, such as a bank account number, loan number, phone number, or address. They may lead you to believe that someone else has taken a loan out in your name. The fake debt collector may convince you that you owe more money due to fees and interest. Below are some tips to help Walworth County residents recognize a fraudulent debt collector:
1. The debt collector is seeking payment on a debt or loan that you do not recognize.
2. The debt collector refuses to provide you with a mailing address or phone number.
3. The debt collector asks you for personal or financial information. Remember, never provide anyone with your personal financial information unless you know they are a legitimate agency.
4. The debt collector tries to scare you into paying by threatening to have you arrested or reported to police. They may claim their employees are law enforcement officers.
5. The debt collector refuses to provide you with information about your debt. You can ask for detailed information about the debt in writing before you pay.
6. The debt collector does not accept various forms of payment.
What Should Walworth County Residents Do If They Recognize a Fraudulent Debt Collector?
If you believe that you are speaking with a fraudulent debt collector, do not provide them with any personal information. Below are a few strategies in regards to dealing with fraudulent debt collectors.
1. Do not engage in any type of conversation with someone trying to collect on a debt that does not exist. Just hang up. Beginning a conversation about how you do not owe the debt only works in the scam artist’s favor.
2. As stated earlier in this post, ask for debt verification. If you feel the debt owed may be legitimate, insist the debt collector place the debt information in writing before you pay. You have the right to ask for written verification under the Fair Debt Collection Practices Act. A legitimate debt collector knows they must comply and will do so without argument.
3. Contact your creditor. It is imperative you let your creditor know a fraudulent debt collection attempt has happened so it can be investigated and the creditor can warn other debtors.
4. Be practical. Many times the fraudulent debt collector will tell you they are taking you to court if you fail to pay today. Firstly, you must be served with a notice of the lawsuit or summons to appear. If you haven’t received one, you are not going to court. Ask the debt collector for the case number and name of the court where the lawsuit is filed. Ask for a return phone number so you can call and verify the lawsuit with the courthouse, then call them back. If you are dealing with a fraudulent debt collector, they will not provide you with a return phone number or a court case number. If they make one up, you will know when you call the courthouse or try to call them back.
If the debt collector claims to be with a law enforcement agency, ask for their badge number, name of agency, and location of agency. (Tip: Your first red flag is knowing law enforcement officials are not debt collectors.) Tell the debt collector you will be calling the law enforcement agency to verify their identity before you speak with them and, if their story doesn’t check out, you will be calling the police on them.
5. Takes notes. Takes notes regarding the phone call so you can file a complaint later, if the debt collector turns out to be fraudulent. Note the phone number that called you. Send your complaint to the Federal Trade Commission, Wisconsin Attorney General, Better Business Bureau, Consumer Financial Protection Bureau, and Federal Communications Commission.
6. If the debt collector calls a second time, and you have already proven that they are a fraudulent debt collector, tell the fraudulent debt collector you are recording the conversation or have taken notes on the phone call. Let them know you have already submitted a report to the federal agencies.
How Can Walworth County Residents Protect Themselves From Phantom Debt Collectors?
1. Never provide your personal information to anyone in person, on the phone, or online unless you made the initial contact and you know they are a legitimate agency. Doing so can lead to your identity being stolen.
2. Shred or burn everything. Never place papers with sensitive information in the garbage. This includes credit card statements, receipts, bank statements, medical bills, etc.
3. Look around before you enter your PIN at ATMs, department stores, grocery stores, and gas stations.
4. Never provide personal or financial information to anyone in response to an email.
5. Carefully monitor your credit card statements and bank statements.
6. Check your credit report annually.
7. Only provide your social security number when absolutely necessary.
8. Call creditors to verify amounts owed and to learn why a statement hasn’t arrived on time.
9. Immediately report lost or stolen credit cards or checks.
10. Only shop on websites that offer a secure payment page and clearly state their privacy policy.
Tips for Legitimate Walworth County Debt Collection
Debt collection scams don’t just hurt Walworth County consumers, they hurt the legitimate debt collection industry as well. If you work in debt collection, you must always act professionally. Here are a few tips for Walworth County debt collectors:
1. Never call a debtor at their place of employment if you know it is not allowed by the employer or the consumer.
2. Never call a debtor before 8:00 a.m. or after 9:00 p.m. or at inconvenient timeframes.
3. Always remain calm, courteous, and professional. With so many scams out there, it is almost as if a burden of proof falls on the debt collector to prove their identify as well as debt verification.
4. Know consumer rights and respond to written and legal requests in a timely and professional manner. Debt collectors must remember it is the right of the consumer to ask for written debt verification.
5. Do not threaten to take any course of action unless you intend to actually seek that particular course of action.
Contact Our Walworth County Debt Collection Lawyer
If you require legal representation to defend or collect a debt, contact our Walworth County debt collection lawyer. We represent Walworth County residents and Walworth County businesses in debt collection, debt defense, and debt repair. Wynn at Law, LLC has offices located in Salem, Lake Geneva, and Delavan, Wisconsin. You can reach our Walworth County debt collection lawyer at 262-725-0175 or via our website’s contact page.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
Assets Discovered Every once in a while if you file enough chapter 7 bankruptcy cases, you are going to come across a case where there is an asset available for administration. It may be a higher than expected tax refund in which the trustee can make a claim. It may be an inheritance which was+ Read More
The post Negotiating With The Bankruptcy Trustee: Be Reasonable appeared first on David M. Siegel.
If you have ever applied for an online payday loan you may be targeted as a victim in a malicious phone and email scam.
The scammers will either call you on the phone or email you pretending to be from a law firm or “investigative unit”. They will tell you that you owe an outstanding payday loan and they need payment immediately or else they will turn the matter over to local law enforcement to press criminal charges against you. The scammers are betting that you have more than one payday loan and that you don’t remember the names of the companies you legitimately owe. Don’t be fooled! Here are some tips to identify the scam and what to do to protect yourself.
THE CALL/EMAIL MIGHT BE A SCAM IF:
1. They claim to be representing a creditor you don’t recognize or a law firm you don’t recognize. Don’t assume that they are telling the truth when they say they are calling from a law firm. Try Googling the lawfirm to see if it even exists.
2. They demand payment over the phone immediately and refuse to send you a bill in the mail. No legitimate creditor will demand payment over the phone.
3. They use official sounding words in emails that are otherwise just gobble-de-gook. Oftentimes, these are foreign based scam artists who have no English language knowledge so their emails end up full of grammatical and spelling errors. Take this sentence as an example: “As we were trying to reach you since a couple of days regarding a very serious matter about a lawsuit filed on your name stating that you are doing some fraud and Civil litigations.” Look for words like “investigative”, “government”, “fraud” or “criminal”.
4. Beware of local numbers on your caller ID from a caller identifying themselves as from a law firm. Scammers often buy local numbers to trick you into answering the phone. Just recently, one of my clients got a phone call from a “law firm” and the number on the caller ID was from a local town that maybe had one stoplight – but, certainly no law firms.
5. They will lie to you! Here are some good ones: “We are sending a Sheriff to your home”, “You won’t be able to see your kids again”, “We are filing criminal charges against you”. You can’t go to jail for a bad debt. Furthermore, these guys don’t even operate in the United States so they don’t have any jurisdiction over you.
TWO SIMPLE THINGS TO DO IF YOU GET A SUSPICIOUS CALL OR EMAIL
1. Demand a bill in writing. A legitimate creditor should be able to provide you with a written statement.
2. Don’t ever give anyone your debit card or bank information over the phone. Period. Don’t be bullied into thinking that you will go to jail if you don’t pay – NO MATTER HOW NASTY THE CALL OR EMAIL IS. Remember, you can’t go to jail for a payday loan debt.
If you have ever applied for an online payday loan you may be targeted as a victim in a malicious phone and email scam. The scammers will either call you on the phone or email you pretending to be from … Continue reading →
The post Payday Loan Scam Alert appeared first on Vonda S. McLeod, Attorney at Law.
Federal Law It is true that the federal bankruptcy laws apply to every American in each state. However, there is a local flavor to filing bankruptcy depending upon which state you live in and in which County that you live in. For this reason, when considering bankruptcy, you want to find a bankruptcy law firm+ Read More
The post Although It’s Federal Law, Filing Bankruptcy Is Truly Local appeared first on David M. Siegel.
A recent study by economists suggests that Chapter 13 debtors whose cases were confirmed and completed through discharge derive significant economic and health benefits from their filings as compared to Chapter 13 debtors whose cases were dismissed.This report, published on the National Bureau of Economic Research – a professional organization for economists – compared 500,000 bankruptcy records with tax records and foreclosure records.The study compared Chapter 13 debtors whose cases were approved and completed successfully to discharge to Chapter 13 debtors whose cases were dismissed. Successful Chapter 13 debtors:
- saw annual earnings 25% higher after bankruptcy – compared to their pre-bankruptcy earnings. Dismissed filers saw no increase in earnings
- had a higher employment rate
- had a 30% lower mortality rate compared to filers whose cases were dismissed
- were 19% less likely than dismissed filers to lose a home to foreclosure
The study authors suggest that successful Chapter 13 filers have an increased incentive to work and increased economic stability following receipt of bankruptcy protection.This economics research projects conclusions are not surprising to me at all and I wonder if the study’s authors considered the reality of Chapter 13 filing in 2015:
- It is very difficult to maintain a Chapter 13 for five years and achieve a discharge. Twenty years ago, when I submitted a proposed Chapter 13 plan, I was able to build in a little room for unexpected developments.
- Now, Chapter 13 budgets are constrained by both the means test calculations and more demanding Chapter 13 trustees. I have seen many otherwise viable Chapter 13 plans undone by unforseen emergencies like a family illness, short term job layoff or emergency home repair.
Anyone who manages to make it through a 5 year plan no doubt did so because of diligence and perseverance, along with a little luck.It is good to see that objective economic analysis proves that bankruptcy does have a positive impact on debtors as well as our economy as a whole. I often counsel my clients that bankruptcy functions as a necessary safety valve in a market economy and now there is proof that this is true.The post Live Longer After Filing Bankruptcy? Economists Say “Yes” appeared first on theBKBlog.
Probably one of the most frequent problems I encounter with new cases clients bring to my office is the lack of documentary evidence.
No one bothers to put down in writing that agreement with the brother-in-law or "friend" about the business they were starting together, the house one was going to buy (by signing on the mortgage) and which the other was going to "own" (by going on the title) and paying the mortgage, the investment they were going to make together, or any other manner of legal arrangements.
Then, when things "go south" and the "owner" does not pay the mortgage or the business fails (or even prospers, in which case you will see fights over profits), the differences in each person's understanding of what was agreed becomes painfully obvious.
But what's worse is that the prospective client has nothing in writing to back up his side of the story. It becomes a "he said / she said" dispute hard to win in court. Convincing a judge or jury of the rightness of your position is now just a coin flip.
Personal injury attorney Paul Samakow discusses this problem well in a recent article. I commend it to you:
Good day my friends.
Hope you will read my latest article. Last week I advised that I was running for President. So far, no contributions. No problem, I still love you.
This week's article is a compilation of really interesting "family law" matters across the country, including Sophia Vergara, shooting your mother-in-law, Burger King paying for a wedding and more.Leading Edge Legal Advice For Everyday Matters
My advice for this week is seemingly common sense, but very important. If ever, whenever, you find yourself embroiled in any controversy that could elevate to hiring an attorney and having a lawsuit filed, the single most important thing you can do to prepare is simply that: Prepare. Be aware of potential problems.
A neighborhood disagreement that doesn't resolve.
A vehicle repair that is taking too long and isn't being resolved or a consumer product a retailer isn't fixing or replacing.
Any time you borrow or loan money.
Anything involving a landlord.
ANYTHING involving the police.
Anything involving a credit card.
Preparing means keeping notes. Document everything. Document conversations. Communicate via email and save the emails, and print them out and put them in a file.
Get witnesses to write statements that are signed and dated.
There is nothing worse than being right and not being able to prove it. The requirement to "win" in a court of law is that the party seeking relief must have at least "a preponderance" of the evidence; that means at least 51%.
If a case boils down to my word vs. yours, I lose, not because I "lose" but because I didn't have the evidence, or the proof, to "win." A judge cannot arbitrarily pick one side or the other in a dispute.
Written documentation will carry the day. The documents do not have to be notarized. They do not have to be perfectly written. They just need to exist and be credible.
Have a good week... Paul
Virginia & Maryland Injury Claims
703-761-4343 or 301-949-1515
Paul is absolutely on target. I remember representing a client a few years ago whose bank account had been drained by a "friend" to whom he had given signature authority to pay his bills while he was out of the country. She helped herself to all his money. When he sued her to get his money back, about $30,000, she filed bankruptcy as soon as he got a judgment against her claiming he had made a loan to her.
Fortunately, when they went to the bank to give her signature authority, he had had her sign a simple three line agreement stating that she would be "on" the account, but that the money "belonged" to him.
They did not use legal terminology, but it was clear that they had intended a "trust" in which he as the "beneficiary" for whose benefit the money was to be spent, and she was a "trustee" with power only to use it on his behalf -- not spend it on herself.
The writing was sufficient to convince the judge what she did was an illegal "breach of fiduciary duty" and stopped the discharge of her debt to him.
"Put it in writing," as they say. Even it's merely a note or a letter to the other side to acknowledge your understanding of the deal. (Of course it's better to have documentation drafted by a lawyer, but something is better than nothing.)
This is good advice. All of us lawyers endorse it. Keep it in mind.
Probably one of the most frequent problems I encounter with new cases clients bring to my office is the lack of documentary evidence.
No one bothers to put down in writing that agreement with the brother-in-law or “friend” about the business they were starting together, the house one was going to buy (by signing on the mortgage) and which the other was going to “own” (by going on the title) and paying the mortgage, the investment they were going to make together, or any other manner of legal arrangements.
Then, when things “go south” and the “owner” does not pay the mortgage or the business fails (or even prospers, in which case you will see fights over profits), the differences in each person’s understanding of what was agreed becomes painfully obvious.
But what’s worse is that the prospective client has nothing in writing to back up his side of the story. It becomes a “he said / she said” dispute hard to win in court. Convincing a judge or jury of the rightness of your position is now just a coin flip.
Personal injury attorney Paul Samakow discusses this problem well in a recent article. I commend it to you:
Good day my friends.
Hope you will read my latest article. Last week I advised that I was running for President. So far, no contributions. No problem, I still love you.
This week’s article is a compilation of really interesting “family law” matters across the country, including Sophia Vergara, shooting your mother-in-law, Burger King paying for a wedding and more.
Leading Edge Legal Advice For Everyday Matters
My advice for this week is seemingly common sense, but very important. If ever, whenever, you find yourself embroiled in any controversy that could elevate to hiring an attorney and having a lawsuit filed, the single most important thing you can do to prepare is simply that: Prepare. Be aware of potential problems.
A neighborhood disagreement that doesn’t resolve.
A vehicle repair that is taking too long and isn’t being resolved or a consumer product a retailer isn’t fixing or replacing.
Any time you borrow or loan money.
Anything involving a landlord.
ANYTHING involving the police.
Anything involving a credit card.
Preparing means keeping notes. Document everything. Document conversations. Communicate via email and save the emails, and print them out and put them in a file.
Get witnesses to write statements that are signed and dated.
There is nothing worse than being right and not being able to prove it. The requirement to “win” in a court of law is that the party seeking relief must have at least “a preponderance” of the evidence; that means at least 51%.
If a case boils down to my word vs. yours, I lose, not because I “lose” but because I didn’t have the evidence, or the proof, to “win.” A judge cannot arbitrarily pick one side or the other in a dispute.
Written documentation will carry the day. The documents do not have to be notarized. They do not have to be perfectly written. They just need to exist and be credible.
Have a good week… Paul
Virginia & Maryland Injury Claims 703-761-4343 or 301-949-1515
Paul is absolutely on target. I remember representing a client a few years ago whose bank account had been drained by a “friend” to whom he had given signature authority to pay his bills while he was out of the country. She helped herself to all his money. When he sued her to get his money back, about $30,000, she filed bankruptcy as soon as he got a judgment against her claiming he had made a loan to her.
Fortunately, when they went to the bank to give her signature authority, he had had her sign a simple three line agreement stating that she would be “on” the account, but that the money “belonged” to him.
They did not use legal terminology, but it was clear that they had intended a “trust” in which he as the “beneficiary” for whose benefit the money was to be spent, and she was a “trustee” with power only to use it on his behalf — not spend it on herself.
The writing was sufficient to convince the judge what she did was an illegal “breach of fiduciary duty” and stopped the discharge of her debt to him.
“Put it in writing,” as they say. Even it’s merely a note or a letter to the other side to acknowledge your understanding of the deal. (Of course it’s better to have documentation drafted by a lawyer, but something is better than nothing.)
This is good advice. All of us lawyers endorse it. Keep it in mind.
Probably one of the most frequent problems I encounter with new cases clients bring to my office is the lack of documentary evidence.
No one bothers to put down in writing that agreement with the brother-in-law or “friend” about the business they were starting together, the house one was going to buy (by signing on the mortgage) and which the other was going to “own” (by going on the title) and paying the mortgage, the investment they were going to make together, or any other manner of legal arrangements.
Then, when things “go south” and the “owner” does not pay the mortgage or the business fails (or even prospers, in which case you will see fights over profits), the differences in each person’s understanding of what was agreed becomes painfully obvious.
But what’s worse is that the prospective client has nothing in writing to back up his side of the story. It becomes a “he said / she said” dispute hard to win in court. Convincing a judge or jury of the rightness of your position is now just a coin flip.
Personal injury attorney Paul Samakow discusses this problem well in a recent article. I commend it to you:
Good day my friends.
Hope you will read my latest article. Last week I advised that I was running for President. So far, no contributions. No problem, I still love you.
This week’s article is a compilation of really interesting “family law” matters across the country, including Sophia Vergara, shooting your mother-in-law, Burger King paying for a wedding and more.
Leading Edge Legal Advice For Everyday Matters
My advice for this week is seemingly common sense, but very important. If ever, whenever, you find yourself embroiled in any controversy that could elevate to hiring an attorney and having a lawsuit filed, the single most important thing you can do to prepare is simply that: Prepare. Be aware of potential problems.
A neighborhood disagreement that doesn’t resolve.
A vehicle repair that is taking too long and isn’t being resolved or a consumer product a retailer isn’t fixing or replacing.
Any time you borrow or loan money.
Anything involving a landlord.
ANYTHING involving the police.
Anything involving a credit card.
Preparing means keeping notes. Document everything. Document conversations. Communicate via email and save the emails, and print them out and put them in a file.
Get witnesses to write statements that are signed and dated.
There is nothing worse than being right and not being able to prove it. The requirement to “win” in a court of law is that the party seeking relief must have at least “a preponderance” of the evidence; that means at least 51%.
If a case boils down to my word vs. yours, I lose, not because I “lose” but because I didn’t have the evidence, or the proof, to “win.” A judge cannot arbitrarily pick one side or the other in a dispute.
Written documentation will carry the day. The documents do not have to be notarized. They do not have to be perfectly written. They just need to exist and be credible.
Have a good week… Paul
Virginia & Maryland Injury Claims 703-761-4343 or 301-949-1515
Paul is absolutely on target. I remember representing a client a few years ago whose bank account had been drained by a “friend” to whom he had given signature authority to pay his bills while he was out of the country. She helped herself to all his money. When he sued her to get his money back, about $30,000, she filed bankruptcy as soon as he got a judgment against her claiming he had made a loan to her.
Fortunately, when they went to the bank to give her signature authority, he had had her sign a simple three line agreement stating that she would be “on” the account, but that the money “belonged” to him.
They did not use legal terminology, but it was clear that they had intended a “trust” in which he as the “beneficiary” for whose benefit the money was to be spent, and she was a “trustee” with power only to use it on his behalf — not spend it on herself.
The writing was sufficient to convince the judge what she did was an illegal “breach of fiduciary duty” and stopped the discharge of her debt to him.
“Put it in writing,” as they say. Even it’s merely a note or a letter to the other side to acknowledge your understanding of the deal. (Of course it’s better to have documentation drafted by a lawyer, but something is better than nothing.)
This is good advice. All of us lawyers endorse it. Keep it in mind.
Probably one of the most frequent problems I encounter with new cases clients bring to my office is the lack of documentary evidence.
No one bothers to put down in writing that agreement with the brother-in-law or “friend” about the business they were starting together, the house one was going to buy (by signing on the mortgage) and which the other was going to “own” (by going on the title) and paying the mortgage, the investment they were going to make together, or any other manner of legal arrangements.
Then, when things “go south” and the “owner” does not pay the mortgage or the business fails (or even prospers, in which case you will see fights over profits), the differences in each person’s understanding of what was agreed becomes painfully obvious.
But what’s worse is that the prospective client has nothing in writing to back up his side of the story. It becomes a “he said / she said” dispute hard to win in court. Convincing a judge or jury of the rightness of your position is now just a coin flip.
Personal injury attorney Paul Samakow discusses this problem well in a recent article. I commend it to you:
Good day my friends.
Hope you will read my latest article. Last week I advised that I was running for President. So far, no contributions. No problem, I still love you.
This week’s article is a compilation of really interesting “family law” matters across the country, including Sophia Vergara, shooting your mother-in-law, Burger King paying for a wedding and more.
Leading Edge Legal Advice For Everyday Matters
My advice for this week is seemingly common sense, but very important. If ever, whenever, you find yourself embroiled in any controversy that could elevate to hiring an attorney and having a lawsuit filed, the single most important thing you can do to prepare is simply that: Prepare. Be aware of potential problems.
A neighborhood disagreement that doesn’t resolve.
A vehicle repair that is taking too long and isn’t being resolved or a consumer product a retailer isn’t fixing or replacing.
Any time you borrow or loan money.
Anything involving a landlord.
ANYTHING involving the police.
Anything involving a credit card.
Preparing means keeping notes. Document everything. Document conversations. Communicate via email and save the emails, and print them out and put them in a file.
Get witnesses to write statements that are signed and dated.
There is nothing worse than being right and not being able to prove it. The requirement to “win” in a court of law is that the party seeking relief must have at least “a preponderance” of the evidence; that means at least 51%.
If a case boils down to my word vs. yours, I lose, not because I “lose” but because I didn’t have the evidence, or the proof, to “win.” A judge cannot arbitrarily pick one side or the other in a dispute.
Written documentation will carry the day. The documents do not have to be notarized. They do not have to be perfectly written. They just need to exist and be credible.
Have a good week… Paul
Virginia & Maryland Injury Claims 703-761-4343 or 301-949-1515
Paul is absolutely on target. I remember representing a client a few years ago whose bank account had been drained by a “friend” to whom he had given signature authority to pay his bills while he was out of the country. She helped herself to all his money. When he sued her to get his money back, about $30,000, she filed bankruptcy as soon as he got a judgment against her claiming he had made a loan to her.
Fortunately, when they went to the bank to give her signature authority, he had had her sign a simple three line agreement stating that she would be “on” the account, but that the money “belonged” to him.
They did not use legal terminology, but it was clear that they had intended a “trust” in which he as the “beneficiary” for whose benefit the money was to be spent, and she was a “trustee” with power only to use it on his behalf — not spend it on herself.
The writing was sufficient to convince the judge what she did was an illegal “breach of fiduciary duty” and stopped the discharge of her debt to him.
“Put it in writing,” as they say. Even it’s merely a note or a letter to the other side to acknowledge your understanding of the deal. (Of course it’s better to have documentation drafted by a lawyer, but something is better than nothing.)
This is good advice. All of us lawyers endorse it. Keep it in mind.
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