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Zombie Debt Collectors Use Indimidation
http://www.nbc10.com/consumeralert/4601897/detail.html ^

Posted on 02/17/2006 10:29:57 AM PST by TXBSAFH

Last year, zombie debt collectors bought $75 billion in old debt. Now, they are trying to get people to pay up. But the truth is, it may be a debt you never owed or no longer need to pay.

The zombie nightmare began for Pamela Stokely with this phone call from a debt collector saying she owed money:

"We've been trying to get in contact with you. You haven't been responding to any of our phone calls. It is imperative that you return our phone call as soon as possible. I believe it is in your best interest to return this call as soon as possible."

"These people were telling me if I don't pay like $4,000 to $5,000, they were going to put this debt back on my credit report showing that it was never paid. And it's like, OK, how can they do this?" Stokely wondered.

They do this because they're zombie debt collectors, companies that specialize in going after old or bad debt, usually by intimidating consumers. They were after Stokely for a delinquent car loan that she ultimately had paid in full.

"There was a judgment and it was paid off back in -- I think the final payment was in 1999," Stokely said.

Often the phone calls are so harassing that the consumer feels threatened.

Consumer attorney Sonya Smith-Valentine said that zombie debt collectors might not check the validity of the debt. They just start making phone calls.

"They're the debt collectors that go out and buy debt that is 10-year old, or debt that has been discharged in bankruptcy, or debt that might not even belong to the person who they think they're trying to collect from," Smith-Valentine said.

"I've been authorized to process file #784," one phone call said.

Consumer advocates say the zombie's goal is often to get people to pay just to stop their harassment, and it can be a very lucrative goal.

"Let's say somebody has a $100 debt. Well, they start harassing that person, and if that person pays that $100, they've made a profit of $98.98," Smith-Valentine said.

To get you to pay up, zombie debt collectors do things like threaten to sue, threaten to have you arrested, try to get you to accept a bait-and-switch credit card which has the old debt secretly tacked on or promise to clear an old debt from your credit report for a token payment, which, in fact, can reactivate that debt.

They often threaten these things because most consumers don't know that they can't do it.

Consumer advocates say if a zombie debt collector stalks you, you should learn about your rights and know the statute of limitations, which is usually seven years. Write the collection agency and demand that it stop contacting you. Also, you should keep an eye on your credit report.

The Consumer Alert bottom line is that you should know your rights:

Debt collectors may not call you before 8 a.m. or after 9 p.m.

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

They may not harass or abuse you and they cannot lie.

They must stop contacting you if you ask them to do so in writing.

If you think a debt collector has violated your rights, complain to your state's attorney general's office.

The consumer attorney also said that if a zombie debt collector violates your rights, you can sue them, and if you win, the judge may order the debt collector to pay your attorney's fees.


TOPICS: Business/Economy; Miscellaneous
KEYWORDS: zombiedebt
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To: dighton

Have you ever used Formula 410?

Of course not. No one who has tried to use Formula 410 has ever survived. Formula 409 is as far as we can safely go.


21 posted on 02/17/2006 10:52:25 AM PST by Petronski (I love Cyborg!)
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To: dighton
OMG, not file #784!

What's in file #784?
The answer is too terrifying to contemplate.

22 posted on 02/17/2006 10:57:52 AM PST by Constitution Day (Anger is an energy)
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To: DogBarkTree

Agreed.


23 posted on 02/17/2006 11:09:45 AM PST by TXBSAFH (Proud Dad of Twins, What Does Not Kill You Makes You Stronger!!!!!!)
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To: Constitution Day
If Rob Zombie showed up at my door, he'd only have to ask once for that debt.

Nah, just flash this picture in his face...


24 posted on 02/17/2006 11:13:48 AM PST by facedown (Armed in the Heartland)
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To: TXBSAFH

This should be illegal. Once a debt is charged off, for better or worse, it's gone forever. I used to work for a credit card company that bought charged-off debt. What a despicable practice.


25 posted on 02/17/2006 11:13:57 AM PST by Doohickey (If you choose not to decide, you still have made a choice...I will choose freewill.)
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To: Constitution Day; dighton; aculeus; Petronski; hellinahandcart
What's in file #784?

Plan 9, obviously.

"Ah yes, Plan 9 deals with the resurrection of the dead, in order to collect outstanding debts..."

26 posted on 02/17/2006 11:30:44 AM PST by Senator Bedfellow
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To: TXBSAFH
HEH! Timely, I'll say... THANK YOU!!!!!!! This just happened to me. I got a letter that was for 3x what I originally owed, and it was paid over 5 years ago. The debt was incurred over 9 years ago. LMAO. I've already had it taken OFF of my credit report.

But what are we really supposed to do? I don't even think I have PROOF that I paid off ANOTHER debt collector that had bought the loan - anymore, because I got it off of my credit report?!?!
27 posted on 02/17/2006 11:38:02 AM PST by Jhohanna (Born Free)
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To: dighton

"Brains ... brains ..."

28 posted on 02/17/2006 11:38:55 AM PST by MozarkDawg
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To: DogBarkTree

That was *really* messed up. Don't you realize that there are things going on out there that we cannot control - especially those of us hit by ID theft??!?! You should have some compassion for people that get screwed.


29 posted on 02/17/2006 11:39:56 AM PST by Jhohanna (Born Free)
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To: Kokojmudd
but they report it to the consumer credit bureaus and change the date of last activity. This happens all the time.

Which is of course, a violation of federal law...

30 posted on 02/17/2006 11:42:18 AM PST by Fury
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To: Constitution Day
If Rob Zombie showed up at my door, he'd only have to ask once for that debt.

I saw him on tour at a local club recently. He'd ditched all the theatrics and costuming and was wearing blue jeans and his old Astrocreep era hat. He bantered and joked with the audience and appeared to be having a lot of fun with the whole thing and didn't come across as having a 'tude at all. Seemed like a fun guy to have a beer with actually.

31 posted on 02/17/2006 11:43:03 AM PST by RogueIsland (.)
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To: Petronski; dighton

I wish I hadn't stopped inventing soft drinks at "6-Up."


32 posted on 02/17/2006 11:46:22 AM PST by Larry Lucido
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To: DogBarkTree

***Here's another idea, pay your bills & live within your means.***

Ever get in a major auto wreck? Even the ones that are not your fault can potentially wreck your credit.


33 posted on 02/17/2006 11:47:06 AM PST by texan75010
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To: Jhohanna

Send a letter return reciept requested. Saying you have no knowledge of the debt and that it is past the statute of limitation (check that, but after 9 years. Cite the Fair Debt Collection Practices Act and ask that they stop contacting you in anyway. Then check you credit report every month for the next 6 months to make sure they try nothing funny.


34 posted on 02/17/2006 11:51:20 AM PST by TXBSAFH (Proud Dad of Twins, What Does Not Kill You Makes You Stronger!!!!!!)
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To: Fury

That does not slow much less stop some of them.


35 posted on 02/17/2006 11:53:15 AM PST by TXBSAFH (Proud Dad of Twins, What Does Not Kill You Makes You Stronger!!!!!!)
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To: Jhohanna

Im talking about the people who screw themselves. They are on the recieving end of the vast majority of collection agent calls.


36 posted on 02/17/2006 12:01:44 PM PST by DogBarkTree
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To: TXBSAFH
Okay, this was not what I was expecting. Too bad, too. It would have been a lot cooler.
37 posted on 02/17/2006 12:02:59 PM PST by RichInOC ("Nnnnnnngh...money...arrrrrrrrrrghhh...MORE money...")
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To: joebuck
One thing to keep in mind is that the Fair Debt Collection Act does not apply to anyone collecting their own debt, or a debt that they purchased from another, provided that they use their name in the collection effort and do not represent themselves as a collection agency.

See Section 802(e)(6)(F) of the code section posted above.

38 posted on 02/17/2006 12:04:44 PM PST by PUGACHEV
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To: RogueIsland

I was just joking. I'd always assumed the Zombie persona was only for the stage.

Thanks for the inside info! I bet it was a great show.


39 posted on 02/17/2006 12:05:15 PM PST by Constitution Day (Anger is an energy)
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To: MineralMan

I have a collection agency myself and think this type of thing is disgusting and wrong.

Plus, there is the FDCPA to deal with.

Maybe I am too much of a nice guy, but this just sounds wrong.


40 posted on 02/17/2006 12:07:38 PM PST by chris1
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