Showing posts with label Credit card. Show all posts
Showing posts with label Credit card. Show all posts

Sunday, October 12, 2014

LOUISIANA DEBT COLLECTION LAWS

Facts About Debt Collection

Authored By: Acadiana Legal Service Corporation LSC Funded

FAQ

I have so many debts.  Which ones should I pay first?
When you do not have the money to pay all of your debts, you must make hard choices about which debts to pay off first. Use your money to pay for what is most necessary for your family---food, clothing, shelter and utilities. Only you know which debts are most important to you and your family. But generally you should pay debts in this order:
  • Mortgage or rent payments, along with whatever is needed to keep your gas, electricity and water on.
  • A car loan if you need it for transportation.
  • Loans for furniture or other household goods.
  • Credit card debts, general unsecured accounts and medical bills can be paid with whatever money is left.
But should I first pay the people threatening me?
Not always. Don't let harassment or threats from creditors make you pay low-priority debts before more important debts. Unless a lawsuit has actually been filed, threats to sue you, seize household goods, or garnish wages are not always serious. You may want to talk with creditors to explain why you cannot pay debts now and when you will be able to pay them. But if they are rude, you do not have to talk with them. You can't be put in jail just because you can't pay your debts.
What can the creditor do if I cannot pay?
If you have used some of your property as collateral (a secured debt), the creditor can try to take possession of it. If the collateral is a house, the creditor can start the foreclosure process. If the collateral is a car, the creditor can ask the court for a writ of seizure and sale of your car. If the collateral is furniture or household goods, the creditor cannot come into your house without your permission. Talk with a lawyer to find out your legal rights if the creditor tries to come into your house.
A creditor can take you to court (sue you) to try to get you to pay the debt. Taking you to court just means asking a judge to say that you owe the debt. You will get court papers and have a chance to answer. If you answer in the time period allowed, the judge will set a trial so both sides can have their say. The court process is often not simple, so it is very important that you contact a lawyer right away if you get court papers.
Generally, a creditor can file papers with the court to try to seize (take) your wages or property only after:
1. The creditor has filed a lawsuit against you;
2. You have had a chance to answer;
3. A trial is held if you answered and there is a dispute;
4. A judgment is entered; and
5. The creditor has waited at least another 30 days.
Even after this, you may be able to protect your wages and property if you do not have very much. Again, it is important to speak with a lawyer to find out your rights.
What if my bill is turned over to a debt collector?
You have more legal rights if your bill is turned over to a third-party debt collector. Unlike creditors themselves, collection agencies and lawyer debt collectors are subject to a federal law called the Fair Debt Collection Practices Act (FDCPA). The IRS is not covered by this law. Harassment or deception by collection agencies or lawyers is illegal under this law. These are some things that would be illegal under this law:
  • Calling you at unreasonable hours,
  • Using obscene language,
  • Calling over and over to annoy you,
  • Lying to you about what they plan to do to you. For example, they cannot threaten to sue you unless they plan on doing it. They can't threaten to garnish your wages unless they have sued you and have a judgment to do it.
How can I make debt collectors stop harassing me?
Write a letter and ask the debt collectors to stop communicating with you about the debt. (You may find a sample letter on this website in the "Self-Help" channel). Keep a copy of the letter you send. Debt collectors can still sue you, but they can't keep calling you after they get the letter.
If the debt collector violates your rights, you have the right to sue them for any actual damages, as well as additional damages up to $1,000, plus attorneys fees and court costs. You should contact a lawyer if you think you may have the right to sue a debt collector.
What else can I do?
You may not need to do anything. If you don't have much property and little or no wages, you may be judgment-proof. Social Security, SSI, welfare, and food stamps cannot be taken, except under very limited circumstances.
Louisiana law (Revised Statutes 13:3881) protects your property which has not been used as collateral, by making it illegal to seize:
1. Property needed for a trade, calling, or profession by wich you earn your livelihood;
2. Clothing; bedding; linen; chinaware; non-sterling silverware; glassware; living room, bedroom and dining room furniture; cooking stove; heating and cooling equipment; one non-commercial sewing machine; equipment for required therapy; kitchen utensils; pressing irons; washers; dryers; refrigerators; deep freezers, electric or otherwise; used by you or a member of your family;
3. Family portraits;
4. Arms and military items;
5. Musical instruments played by you or by a member of your family;
6. Any wedding or engagement rings worn by either spouse, provided the value of the ring is not over $5,000; and
7. A $25,000 homestead exemption.
Contact a lawyer to find out if your possessions can be protected. You can also call your creditors to see if they will agree to a reasonable repayment plan. Be realistic; it will not help you to agree to pay amounts you can't afford.
You may want to call a non-profit consumer credit counseling service to see if they can help you work out a repayment plan. In making any plan, keep in mind your priorities and pay off your most important debts first.
As a last resort, you may want to consider filing in bankruptcy. Filing in bankruptcy will instantly stop all debt collection efforts of any kind, at least temporarily. If you are thinking about bankruptcy, talk with a lawyer to find out what your rights and responsibilities are.


Sunday, August 14, 2011

THE FEDERAL BUDGET IN LAYMAN'S TERMS

U.S. Federal Spending FY 2008Image via Wikipedia
Subject: The Federal Budget
in Layman's terms

Federal Budget 101
The U.S. Congress sets a federal budget every year in the trillions 
of dollars. Few people know how much money that is so we created a 
breakdown of federal spending in simple terms. Let's put the 2011 
federal budget into perspective:

* U.S. income: $2,170,000,000,000
* Federal budget: $3,820,000,000,000
* New debt: $ 1,650,000,000,000
* National debt: $14,271,000,000,000
* Recent budget cut: $ 38,500,000,000 (about 1 percent of the
budget)

It helps to think about these numbers in terms that we can relate to.
Let's remove eight zeros from these numbers and pretend this is the
household budget for the fictitious Jones family.

* Total annual income for the Jones family: $21,700
* Amount of money the Jones family spent: $38,200
* Amount of new debt added to the credit card: $16,500
* Outstanding balance on the credit card: $142,710
* Amount cut from the budget: $385

So in effect last month Congress, or in this example the Jones
family, sat down at the kitchen table and agreed to cut $385 from its
annual budget.

It is a start, although hardly a solution.

Now after years of this, the Jones family has $142,710 of debt on its
credit card (which is the equivalent of the national debt).

You would think the Jones family would recognize and address this
situation, but it does not. Neither does Congress.

The root of the debt problem is that the voters typically do not send
people to Congress to save money. They are sent there to bring home the
bacon to their own home state.

To effect budget change, we need to change the job description and
give Congress new marching orders.

It is awfully hard (but not impossible) to reverse course and tell
the government to stop borrowing money from our children and spending
it now.

In effect, what we have is a reverse mortgage on the country. The
problem is that the voters have become addicted to the money.
Moreover, the American voters are still in the denial stage, and do
not want to face the possibility of going into rehab.

By: DAVID THOMAS
Chief Executive Officer
Equitas Capital Advisors LLC


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Wednesday, July 27, 2011

WELLS FARGO CREDIT CARD SCAM

Sioux Falls Police investigating Wells Fargo credit card scam

Posted: Jul 27, 2011 3:47 PM CDTUpdated: Jul 27, 2011 3:47 PM CDT
The Sioux Falls Police Department has received over 25 phone calls from concerned citizens about a phone scam.  People have received a phone call that states a person's Wells Fargo credit or debit card needs to be reinstated. 
The person is asked to enter their credit card number and PIN to reactivate the card.  The reasons for the card being inactivated vary from the card being declined, or compromised.  These phone calls are a scam.  Do not provide the caller with any information. 
Wells Fargo does not make phone calls asking for credit card or account information.  If you received one of these calls, simply hang up without providing any personal information.
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Sioux Falls Police investigating Wells Fargo credit card scam:
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Tuesday, April 12, 2011

YOU HAVE GOT TO LOVE THIS WOMAN! WELLS FARGO, WATCH YOUR BACK.

I Say “No” to Corporate Fraud at Any Price
Posted on February 11, 2011 by admin

Going on 11 months now of fighting with Wells Fargo for a mortgage modification and I have sure learned a whole lot. And most of it does not reflect well on the Obama administration,  Congress, the justice system or corporate America.

I realize quite a few people who know me wonder why in the world I’m still beating my head against this wall of greed and lies. At first it was because I was afraid about losing my home. Not so much anymore. I have accepted the fact that the bank execs and their cronies have so thoroughly stacked the decks against the average homeowner that I will probably become one of the estimated 13 million Americans who will lose our houses in this debacle.

In yoga class, the instructor has us draw a "self help card" as a focus for our practice some days. I recently drew a doozy, the "Courage" card. This is the image I'd like to project to Wells Fargo, especially those women in the president's office who keep lying to the Arizona attorney general's investigator saying I didn't send this and I didn't do that. Kathleen, Wanita and Angela, for you I am a fierce nordic warrior woman with a big knife. Now, bring it!

So, if I have no hope of keeping my home, why am I still blogging, updating my website and telling everyone who will listen the truth about what is happening in this country? Simple. Because what the banks are doing is wrong. And if everyone who is experiencing the the lies and ridiculous misdirection and outright fraud just rolls over and lets it happen, this government-sanctioned corporate assault on the citizens of this country will go on and on and it will get worse.

Also, because I’m just downright stubborn. One of my friends who is great for my morale on those days when I’m tired and sick of the hypocrisy and evil corporate policy disguised as fake ineptness keeps saying things like “that bank has no idea who they’re messing with.” Because she has seen my sheer bloody cussedness in action and she has listened to the story about my first experience tilting at corporate windmills.

I’m the crazy woman who fought with a now-defunct Denver department store, May D&F, for three years over $10.60. That was back in the mid-80s when I was a recent college grad doing what we were told to back then to establish credit – get a credit card, make one purchase and pay it off right away. That was the beginning of the era when banks were practically throwing themselves at the feet of college students trying to get them hooked on buying things they couldn’t afford on credit, so a student could sign up for and get as many cards as she wanted. I got one for this upscale department store, where I purchased a bottle of Lauren perfume for $10.60. I paid the bill as soon as I got it and filed away the credit card, which I never used again. Simple. Except, when I got a second bill for the same item.

Now, this was back in the days when banks mailed you your canceled checks along with your statement each month. So, I pulled out the check showing clearly that I had paid the credit card bill, made a photocopy, typed (yes, on an electric typewriter) a properly formatted and worded business letter to whom it may concern and sent in proof that I did not, indeed, owe May D&F $10.60. If it were just a billing mistake, this would surely have been enough to get it corrected. But, then, I got another bill for $10.60. I sent another copy of the check with another politely worded letter.

This went on for three years, with their letters eventually threatening to refer me to collections and my replies getting ever more business-communication-101 scathing. I even called the company several times. Still, several times a year with no rhyme or reason to the timing, I would get another bill from May D&F for $10.60. Finally I got an accounts receivable manager on the phone one day and she had me send a copy of my canceled check directly to her. I never heard from May D&F again. I never spent another dime there, either. And I have probably told my story a couple hundred times over the years. Including right here, to all of you. (The May Co., the store’s parent company, disappeared into a bunch of mergers that ended with the company being swallowed up by Macy’s sometime in 2005. I don’t shop there, either.)


In yoga class, the instructor has us draw a "self help card" as a focus for our practice some days. I recently drew a doozy, the "Courage" card. This is the image I'd like to project to Wells Fargo, especially those women in the president's office who keep lying to the Arizona attorney general's investigator saying I didn't send this and I didn't do that. Kathleen, Wanita and Angela, for you I am a fierce nordic warrior woman with a big knife. Now, bring it!

Over the three years I battled with May D&F, it became painfully clear this was no simple billing mistake. It was, I believe, an established-but-no-doubt-secret corporate policy to bill customers multiple times for small amounts in the hopes they wouldn’t notice they had already paid. It was a pretty common practice in the ’80s and I believe a few companies actually got hauled into court for it. They must have made billions bilking their customers like this.

Wouldn’t it have been easier to have just paid another $10.60 instead of banging out all those letters on my trusty typewriter? Sure. But what they were doing was not right. If everyone who got double billed like that had called the companies on it and refused to pay, they wouldn’t have kept doing it. I felt like if I let them do it to me, I was saying it was okay for them to do it to everyone else, too.

And it is not okay. Not any more okay than what Wells Fargo Home Mortgage is doing to me and thousands of other customers, jerking us around with “lost” paperwork, endless phone queues and made-up processing “rules”  instead of behaving like ethical, professional grown-ups and performing timely, honest and accurate reviews of our home loans and providing appropriate modifications to those who qualify.

That’s why I fight. Wells Fargo and Freddie Mac will probably take my home. But I will not go quietly. I fought for three years over a measly $10.60 and the principle involved. They had better know I’ll fight a whole lot longer and harder for a house and to say “NO WAY” to mortgage modification fraud and foreclosure fraud.

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