Boyland's employees allegedly posed as law enforcement officials and threatened consumers with jail time, even though many of the debt claims were either nonexistent or already resolved. Yet consumers nationwide still paid thousands of un-owed dollars to Boyland's companies.

I can't wait to hear the TF debt collectors show up and defend this one. Collecting debts that don't exist or were already paid? And they somehow thought this wasn't a criminal act?

I went through the mud with a debt collector whose name shall not be mentioned. They "corrected" a "typo" in their records, accusing me of owning $7k on some credit card I never had. Turns out they "matched" me based on address; the previous occupant of my address was who they were looking for. I represented myself, learned a crapload about the legal system, and eight months later was able to get it cleared off my reports. Had I known then what I know now, I would've at least been a few thousand richer myself.

Debt collectors suck. They don't care about the law, they don't care if you don't owe the money, they don't care if the debt doesn't even exist; they'll make illegal threats and file barred lawsuits to steal money. When you catch them on it, they scream "bona fide error!" Looks like the NY AG is finally putting his foot down.

Between this and the complete collapse of the credit card arbitration industry, 2009 has been a very, very bad year for debt collectors.

The 12 individuals have been charged with multiple counts of grand larceny in Town of Cheektowaga Court

That put a big smile on my face.

SurfaceTension: I had a debt collector try to collect a debt I'd already paid. Had the letter from the credit card company and everything saying it was paid in full. Got a lawyer and sued their butts. In the process now of settling somewhere in the mid-4 figures.

Accord & satisfaction comes to mind. The nice thing about the FDCPA is that if you know how to use it, you can claim not only your $1000 liquidated damages, but also recover your legal and court costs. A debt collector making a bogus claim for, say, $500 may find themselves owing $4500 to the victim.

More consumers need to learn about the FDCPA and how to handle themselves in small claims court. That would put an end to a lot of debt collector abuse.

styckx: A. Ask for proof of debt

Yes, a great idea. Unfortunately such a request is only binding within the 30-day period following initial contact between the debt collector and the alleged debtor. If they receive your letter within that window, they are required under federal law to halt collection efforts until they can validate your debt with the original creditor. The requirements for proper validation are pretty weak; pretty much anything with your name on it constitutes validation. But if they receive your request on day 31, it's bunk.

Now, if you know your way around the legal system, you could become proactive and file suit for all the jacked-up interest rates you've been forced to pay thanks to the improper reporting on your credit report. But even then, all the debt collector has to do is say they made a mistake. Bona fide error. Game over, no damages.

B. When it's paid off request proof debt has been settled

Critical. Absolutely critical. Always communicate in writing.

C. Lawsuit and win your money back from them and then some.

A lot of consumers need to learn how their local small-claims court works. Filing or representing yourself in a lawsuit in small claims isn't really a big deal. You bring the facts, the judge brings the law. Be respectful and dress nice, and if you're in the right, you've got a good chance of winning.

And of course, I'm going to come out and say it: If you owe the money, pay it. Stop ruining things for the rest of us. But after seeing first-hand how ineffective and anti-consumer the credit system is, I have no sympathy for debt collectors at all.

I really, REALLY can't wait for one of the resident Fark debt collectors to show up and blame this on the victims.

Pocket Ninja: You understand that most of them aren't really debt collectors, right? That their main goal is to provoke responses like this one?

Doesn't matter. If they really want to serve as my punching bag for how corrupt the debt collection industry is, they can be my guest.

When buying my house I had to get a lawyer to clear my name of a 140K debt from a guy in California who happen to have the same name. Apparently the debt collection agency went through the Credit Bureaus and tagged everyone with the same name the same debt.

How is that remotely legal

OldScotch: The 12 individuals have been charged with multiple counts of grand larceny in Town of Cheektowaga Court

That put a big smile on my face.

What happens in Cheektovegas, stays in Cheektovegas.

*grabs popcorn*

I'm staying out of this one.

These people were on either 60 minutes or Dateline not too long ago......Real sleeze bags. Unreal that the majority are crooks and they have access to all your personal information because there is no law regarding who can buy these loans. They were telling people that the police were on the way to their house to arrest them and everything else. Has a clip of some of the employees on break talking about the crap they had done to people so far that day.

The show also pointed out the fun fact that Buffalo apparently is the debt collection capital of the US. Something I was unaware of.

floor9: More consumers need to learn about the FDCPA and how to handle themselves in small claims court. That would put an end to a lot of debt collector abuse.

I love the ones that get belligerent on the phone when you call their ass out on the law

An-Unnecessarily-Long-Name: How is that remotely legal

It isn't. Very similar to what happened to me. If it was within the past year, you may still be able to recover damages under the FCRA and possible FDCPA. Talk to a lawyer.

HotWingConspiracy: It got to the point where I enjoyed taking the call just to shiat all over him as he made vague threats about these "measures".

Debt collectors thrive on getting their victims riled up. It's the only way they can get most people to "slip up" and admit to "owing" something they don't. The best way to annoy a debt collector is to keep them on the phone for as long as possible, so I'd say shiatting all over them is a-ok in my book.

floor9

I can't wait to hear the TF debt collectors show up and defend this one. Collecting debts that don't exist or were already paid? And they somehow thought this wasn't a criminal act?

Dude, a real debt collector does NOT defend going after fake debts, or going after real debts in an illegal or immoral way. They DO defend the legal attempts to reclaim real debts.

I love debt collectors...run onto a spit and slow cooked over a hardwood fire for two days.

/Bone Suckin' Sauce FTW

IdBeCrazyIf: I love the ones that get belligerent on the phone when you call their ass out on the law

Ain't they great? Once they get upset, just keep them talking. Give them more rope to hang themselves with. And since you can record interstate commerce calls without two-party consent, it's quite easy to trip them up AND obtain sufficient proof of a violation.

An-drew Cuomo va mi ritmo.

/what?

No more holding ships in port or farkin up people's whole days for these scammers. Right MooseBayou?

HotWingConspiracy: I used to have a debt collector call me once a day about some "items I failed to pay for". He couldn't tell the company I bought them from, what they were or when they were delivered. But dammit, I had better send him money or he'll have to "take measures".

It got to the point where I enjoyed taking the call just to shiat all over him as he made vague threats about these "measures".

I was going to tell this exact same story, except with "take action".

I saw the news story of this on 60 minutes (I think). The debt collection practices were disgusting. I am pretty sure the Boyland guy was arrested for a weapons charge at the end of the interview.

One of the couples that the company was calling lived in Texas and they told them that the police were on their way over to arrest them for failing to pay their debt. The couple ran away from their house and hid. Not the brightest people in the world!

Hope the collectors get the maximum penalty.

I just recently got an email from a fake debt collector. Gave no info on teh debt (I have none) and a paypal account in a VERY threatening letter.

I reported them to Consumer Affairs.

I wonder if these "debt collectors" will impersonate police officers when they get sent to PMIA prison? We all know just how popular police officers are when they go to prison.

Koalaesq: Dude, a real debt collector does NOT defend going after fake debts, or going after real debts in an illegal or immoral way. They DO defend the legal attempts to reclaim real debts.

I completely agree -- legitimate debtors need to pay up. Period. End of story. But the debt collection industry is being overrun by illegal operations and unethical practices. It pats itself on the back for self-regulation, but that self-regulation hasn't done much good. If they can't take care of themselves, the Attorneys General will do it.

Frosty_Icehole: No more holding ships in port or farkin up people's whole days for these scammers. Right MooseBayou?

Right.

So they're hiring now?

I did debt collections for a while. It sucks your soul out. I had to get out. I was medical deliquencies over the phone, painful stuff.

I dont know what was worse, the lies people would tell me, or the fact that after a while I just stopped caring if they were telling the truth.

I had a few dealings with debt collectors over wreckage my ex-wife had racked up after our divorce. They tried the same threatening tactics on me too. I told them 1 thing, my ex's cel phone number.

They would still try to claim that since she did things with her married name and our last address where we were living while we were married instead of her maiden name, that I was liable. This was when I said "FDCPA". That usually stops the calls. I still get them and letters from time to time.

I did pay off 5 credit cards she ran up without my knowledge before the divorce however as she told me to fark off when negotiations came up over splitting assets/debts. I took on all of the debt to save my FICO. Stayed above 700............

Also, for others who get stuck with debt like I did by drug addled, cheating, about to be divorced spouses, get Lifelock FTW. They called me numerous times after the divorce asking me if I had signed up for "said credit card", etc.

/not an employee

karatekitten13: *grabs popcorn*

I'm staying out of this one.

heh

Right after grad school I worked for American General Finance, not exactly the scum sucking debt collectors these guys were, but probably just a step above. Those arseholes would have me call the same people multiple times a day, every farking day to collect. If that didn't work, they made me call them at work and "chase" them at their house. I once had a guy run out the door at me screaming that "guido and the goon squad were here to collect!" (I'm 5'11, 180...not the most intimidating squad around). My last straw was when I had to "chase" a guy on his mortgage; as I went to the door the entire family, including young kids, made a run for a back room and refused to answer the door.

/Only lasted four months
//Fark that place

I kept the house, car, and the kid too :o)

I can't say it enough times. Get Lifelock and monitor your credit history/activity.

Lollipop165: I reported them to Consumer Affairs.

Consider filing a complaint in small claims. You'll need to review your local laws and RCP, of course, to make sure you're not going to piss off the judge with what he sees as a frivolous complaint. But at least here in PA, small claims (actually our MDJ) must be dealt with in-person. No motions, no requests-by-mail ... you MUST appear and make your claim or raise your defense.

In other words, that debt collector will have to fly in from California (or New York, or wherever) and state their case. If you have a legitimate complaint (they continued calling after receiving your cease & desist letter by certified mail, they're attempting to collect on a debt that's been settled, etc), the debt collector will likely either lose by default or offer to settle.

I just refuse to deal with debt collectors.

After I got out of the Army I was unemployed for 8 months, long enough for damn near everything to be sent to collections. Once I had money to begin repaying, I called all my credit card companies and worked through them.

Even when they said it had been sent to collections, I asked if I could still pay them and the answer was yes. While my credit is completely screwed, I will pay the money I owe, just not in the most timely fashion, and NOT to a debt collector.

Some guy screaming at me on the phone is not going to make me make money faster. Hell... if it did I would post my phone number on an anger management website.

floor9: Consider filing a complaint in small claims. You'll need to review your local laws and RCP, of course, to make sure you're not going to piss off the judge with what he sees as a frivolous complaint. But at least here in PA, small claims (actually our MDJ) must be dealt with in-person. No motions, no requests-by-mail ... you MUST appear and make your claim or raise your defense.

I know someone who filed against a debt collector while they were in chapter 13.

Granted the 2k they got in small claims went straight to the trustee, but the revenge was sweet since the trustee yanked their remaining claim of 8k

An-Unnecessarily-Long-Name: How is that remotely legal

It's not. More people need to sue for damages when this shiat occurs.

Andrew Cuomo is just shouting "look at me! look at me!" in prep for the upcoming governor's race. Please, God, not another Cuomo...

dittybopper: "You can't record us, we didn't consent! It's illegal, it won't hold up in court!"

"Federal law, and the law in my state*, says that only one side of a conversation needs to know the conversation is being taped for it to be legal. Now, about this debt you say I owe..."

This is also usually the point where I mention that THEIR greeting told me the call was being recorded. Notification -- bam.

floor9 I completely agree -- legitimate debtors need to pay up. Period. End of story. But the debt collection industry is being overrun by illegal operations and unethical practices. It pats itself on the back for self-regulation, but that self-regulation hasn't done much good. If they can't take care of themselves, the Attorneys General will do it.

I did collections law for a firm that was as straight and narrow as they came. They did everything by the book, and went out of their way to be legit. They were SO careful about it, and I really respected that.

That's why it pisses me off that morans like the douche in the story give other firms a bad name.