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"Success and failure are both difficult to endure. Along with success come drugs, divorce, fornication, bullying, travel, meditation, medication, depression, neurosis and suicide. With failure comes failure."

Joseph Heller



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3 Dangerous FDCPA (Fair Debt Collection Practices Act) Myths
 
Think you've got the FDCPA (Fair Debt Collection Practices Act) figured out? Don't be so sure. While nothing can take the place of a lawyer's advice, if you've at least overcome these three dangerous myths about the law, you may save yourself a lot of money and heartache.

FDCPA Myth 3: the Fair Debt Collection Practices Act is the only law governing collections

Fact: The FDCPA is a US federal law. Each state has additional laws that govern fair debt collection practices. Some portions of those laws may have been invalidated by the federal law. But, as a general rule, state laws are valid if they provide greater protections (or restrictions, depending on your point of view), and invalid if they allow debt collectors too much leeway. Meanwhile, other countries have their own laws, which may or may not apply if the collector or debtor is currently located outside the US.

Reality: it is important to keep in mind all the relevant state laws. Those state laws may include the laws of up to three or even more states: the debtor's current state of residence, business, and/or work; the debt collector's state; and the state of any outside collection agency. The multiplicity of laws is just one reason why lawyers are so often brought into the collections process, especially when the amounts are large.

Debt collections that cross national borders are notoriously complicated, whether it's a US collector seeking payment from a foreign national or vice versa. That's just one reason that businesses that have a large customer base in another country will often open a branch office there.

FDCPA Myth 2: if a collector violates fair debt collection practices, the debt is thrown out.

Fact: it's true that unfair debt collection practices will likely cost the collector the judge's sympathy if the collections go to court. But the Act does not say that the debt itself will necessarily be invalidated.

That may be why some unscrupulous collectors still violate the law. Of course, as already noted, breaking the law is not a good idea, since the collectors will lose much if not all of whatever moral standing they might have had. Besides, who wants to be sued for damages–especially by the person who still owes you money?

Reality: it's in the best interest of anyone who owes money to document any FDCPA violations, and in the best interest of debt collectors to follow fair debt collection practices scrupulously.

The Number-One FDCPA Myth: the Fair Debt Collection Practices Act is hard to follow

Fact: the Act's requirements are nothing more than common sense and basic courtesy. The days of debtors' prison or publishing debtors' names in the newspaper are over, and threats are strictly for the mafia. Any attempt to collect a debt through humiliation or intimidation, or anything hinting at intimidation or humiliation, should be avoided.

Reality: The vast majority of violations could have been avoided if the debt collectors had simply put themselves in the other person's shoes and thought about how they would feel if they were treated in the same way. This also means that it is not in fact easy for debtors to get out of their obligations by turning the tables on the organizations to which they owe money.

In short, we've come a long way since the days when debtors might have ended up in the stocks, and the FDCPA is largely to thank. But if you take fair debt collection practices lightly, you may find your troubles make a day in the stocks look pleasant.

About the Author
Joel Walsh is a regular contributor to Collection Agency Information (http://www.collection-agency-information.com). Find out the inside story on debt and collections with secrets gathered from real collection agencies: http://www.collection-agency-information.com/collection-agency-articles/collection-agency-articles.html



Debt News


AFP

Greek leaders in emergency meeting for debt deal
AFP
Pressure was also mounting for an agreement with private lenders to wipe out part of the 350-billion-euro Greek debt, as Athens faces loan repayments of 14.4 billion euros ($19 billion) on March 20. French Economy Minister Francois Baroin on Sunday ...
Euro zone insists no Greek rescue without reformsReuters
Greek debt talks slowed on labor dealBoston.com
Debt talks stand 'at the razor's edge,' Greek minister saysDeseret News
BusinessWeek -Middle East North Africa Financial Network
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Atlanta Journal Constitution

Greek crisis talks for debt deal pushed to Monday
Atlanta Journal Constitution
AP ATHENS, Greece — Leaders of parties supporting Greece's coalition government say crisis talks for huge new debt deals will continue Monday. IMF chief debt inspector Poul Thomsen member of the so-called troika of Greece's creditors _ the European ...

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Greek Crisis Talks For Debt Deal Pushed To Monday
NPR
by AP ATHENS, Greece (AP) — Leaders of parties supporting Greece's coalition government say crisis talks for huge new debt deals will continue Monday. Coalition backers held a five-hour meeting late Sunday with Prime Minister Lucas Papademos to hammer ...


Neon Tommy

Gingrich campaign paid off some debts, still owes $600000
Washington Post
Newt Gingrich's campaign remains roughly $600000 in debt, two months after it reported deep debts and a long list of creditors, newly released campaign spending records show. Fundraising by the former House speaker's campaign has stepped up markedly ...
Gingrich Campaign $600000 In DebtNeon Tommy

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EBRD Mirow: Greek Growth Needed Or Debt Cuts Won't Suffice-Report
Wall Street Journal
ROME (Dow Jones)--Greece urgently needs to kickstart economic growth or debt reduction alone won't be enough to put the euro-zone member on a sustainable footing, the head of the European Bank for Reconstruction and Development told Italian daily La ...

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