Author Topic: A friend in need of help  (Read 1456 times)

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Help-a-Friend

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A friend in need of help
« on: May 28, 2010 06:51:53 AM »
I have a friend that is letting debt collectors walk on him and scare him into wanting to file bankruptcy. So I made a little booklet to help him out from things that I learned some the hard way some the easy way. And I would like input on it to fine tune it. I do apolize for the way it looks here i made it in publisher so i can give him a small booklet. And I just did a copy and paste. Thank You for your time.

HOW TO FIGHT DEBT COLLECTORS
Or how to hunt the hunter

Web Site

Of people that have won court cases against debt collectors and other advises to stop the harassment:  DEBTORBOARDS.COM
Note: itís not mine nor do I have any affiliation with the site.

NEVADA LAW
If you do not live in Nevada you will have to find the ones for your state as far as I know all 50 states have such laws

NRS 649.171 requires them to have a CERTIFICAT OF REGISTRATION from the state of Nevada no mater what state they are in.
Note: this is for debt collectors only and not the original note, credit card holder or real property.
 
NRS 649.105 requires them to have PROOF OF BOND in the state of Nevada no mater what state they are in.
Note: this is for debt collectors only and not the original note, credit card holder or real property.

NRS 649.332 requires they show VERIFICATION OF DEBT upon your request.
Note: this is for debt collectors only and not the original note, credit card holder or real property.

NRS 649.375 talks about interest, charges, and fees. When and how they can be applied.
Note: this is for debt collectors only and not the original note, credit card holder or real property.

NRS 11.190 talks about limitation on
collecting debt.
Note: this is for debt collectors only and not the original note, credit card holder or real property.

Promissory note          3 years
Open / Credit Cards    4 years
Oral                             4 years
Written / Contracts      6 years
Note: you will need to get your Credit Report to see when the last active date was and by all means DO NOT again
DO NOT call, write or contact the creditor in any way shape or form doing so will update the date.
What you DO need to do is write each Credit Reporting agency separately and by each own rules that you are
DISPUTING the report under Nevada law NRS 11.190 and make sure you give them the item you are disputing and the NRS number.   

NEVER let the debt collector control the situation. If they control it they win.

HELPFUL HITS
I HOPE

You are authorized to record the phone conversation also. DO IT!
Most of the time they will tell you NO. Donít give in if they donít let you record it donít talk to them. But keep the
recording of them saying no.
Note: I have had them say they will call me back on a non-recorded line my answer to that is - that is there choice but I will still record any conversations.

You will get bogus letters in the mail form what appears to be a law firm or attorney. You will have to investigate with the state that the letter came from to find out for sure.

If they tell you they are sending the police to arrest you donít believe them. In Nevada police do not arrest on civil matters.
Note: it will take a court to send the police and then it will be the Marshals. And most likely all they will do is issue a
subpoena.
Note: Be aware that the debt collectors might lie in court and say that they subpoenaed you to get the courts to find in there favor. When this happens see web site above.
Note: I said civil matter DO NOT make it criminal on your side.


NEVER let the debt collector control the situation. If they control it they win.

NEVER NEVER NEVER admit to owing the debt over the phone or in person make them prove it. Did I say NEVER. Ok just checking.
Note: see NRS 649.332 on page 2.

If you are not paying on your credit card quit using it or even try to use it. Every time you do it extends the statue of limitation on collecting of debt in there favor.
Note: see NRS 11.190 on page 3.

NEVER let the debt collector control the situation. If they control it they win.

SO NOW YOU ARE RECORDING YOUR FIRST CALL
WHAT TO SAY TO THE HUNTER TO TRY AND MAKE THEM THE HUNTED

YOU CAN USE THE ONE HERE OR MAKE YOUR OWN

I do not recall this debt so by Nevadaís  NRS 649.332 you will need to mail me verification of the debt and at the same time under Nevada NRS 649.171 mail me a copy of your certificate of registration in the state of Nevada as well as under NRS 649.105 a copy of your proof of bond in the state of Nevada. And you will have to use the US Post Office if it is sent by any other means it will be rejected and returned to sender.

Note: make them use the US Post Office, FedEx, UPS or other mail services. DO NOT let them E-mail it to you.
Note: my choice would be the US Post Office for the simple reason if they lie to you in the mail there might be a mail fraud case in there somewhere.
Note: control the call, if they control it they win. Short sweet and to the point, the longer you are on the phone the better chance they take control. Be nice donít yell! The call IS being recorded!
Note: the less information you give them the better off you are they will demand your name its ok but donít give it to them until they let you record the call. They will need a address to mail to you at, I said A ADDRESS its up to you on if its your residents or a PO BOX, its just easer to close a PO BOX than move. NEVER give them your SSN if they donít have it its better for you and they donít need it to verify who you are the courts have said they only need you to verify yourself by your name no matter what they say. Did I say NEVER give them your SSN.
Note: they have your name on recording make sure you get thereís on recording as well first and last name and who they work for.
Note: write your spiel down itís a lot easer to say when you are looking at it. And you wonít deviate off it as much. 

If the phone call is under NRS 11.190
inform them of it. Recorded on your end of course. And then check your credit report to make sure they did not put anything on it.
Note: credit reports are updated every 30 days so donít hang up with them and then ask for the report wait 30 Ė 60 days.

NEVER let the debt collector control the situation. If they control it they win.

ONE LAST ITEM TO KNOW
Ok maybe more than just one

I AM NOT A LAWER OR LEGAL COUNSIL SO YOU WILL NEED TO INVESTIGATE AND / OR ASK A PROPER LEGAL PROFESSIONAL.
Note: They may charge you for there advice or even try to get you to hire them to take your case but if you are like me and had the money to pay them then you most likely could pay your debt and would not need them.
   
Donít keep this a secret pass it on and on and on and on and on.

Let me know if this was helpful or any changes that needs to be made to it.
Note: I know you might not know who I am so you might have to go back to the person that you got it from and we both will hope it makes it all the way back to me.

GOOD HUNTING!

NEVER let the debt collector control the situation. If they control it they win.

itsmeagain

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Re: A friend in need of help
« Reply #1 on: May 28, 2010 10:59:21 AM »
I have a friend that is letting debt collectors walk on him and scare him into wanting to file bankruptcy. So I made a little booklet to help him out from things that I learned some the hard way some the easy way. And I would like input on it to fine tune it. I do apolize for the way it looks here i made it in publisher so i can give him a small booklet. And I just did a copy and paste. Thank You for your time.

HOW TO FIGHT DEBT COLLECTORS
Or how to hunt the hunter

Web Site

Of people that have won court cases against debt collectors and other advises to stop the harassment:  DEBTORBOARDS.COM
Note: itís not mine nor do I have any affiliation with the site.

I think you could have stopped here.