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What Collection Agencies Must Do

2009-11-16T11:00:00.000-08:00

The FDCPA force collection agencies and their employees to follow specific rules when attempting to collect a debt. In particular, the law requires that collection agencies do the following:

Stop contacting you if you give them a written request to do so. Likewise, they are supposed to stop contacting you if you dispute the debt in writing.

Within five days of initially contacting you, the collection agency should send you a written notice that identifies the debt and the creditor. This notice must also notify you of you right to dispute the debt or to request the name and address of the original creditor if it is different than the name of the current creditor (if, for example, your account had been sold to another bank).

If you dispute part or all of the debt, the collection agency must stop attempting to collect on the disputed part of the debt until the creditor responds to your dispute.

If the collection agency wants to sue you (on behalf of the creditor) it must, in most cases, dos so in the same county or judicial district in which you now live or in which you originally signed the contract.

All of these rules are very helpful in reducing the abuse debtors sometimes get. In particular, the rule requiring collectors to leave you alone if you tell them to do so in writing can be helpful, if they obey the law. You can attempt to use this rule to buy yourself some peace while you try to get your financial life back in order. The hyenas might have you marked out as their pray, but the law allows you to keep them at bay with a simple letter stating that you dispute the debt or asking them to stop contacting you. Trouble, is the actual collectors often deny that they received such a letter, especially when you are dealing with a large company where the right hand often doesn’t know what the left hand is doing. They get away with breaking this law most of the time, since forcing compliance can be difficult.

If you are having financial hardship and are considering filling for bankruptcy, contact a Sacramento bankruptcy attorney by calling (916) 971-8880 for a FREE confidential Sacramento bankruptcy consultation.

Or you may click here to fill out our FREE Confidential Bankruptcy Case Consultation form and a Sacramento bankruptcy lawyer will contact you shortly.

"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."

Conlon & Fong
Sacramento Bankruptcy Office
6825 Fair Oaks, Blvd., Suite 101
Carmichael, CA 95608
TEL: (916) 971-8880
FAX: (916) 481-3975

Conlon & Fong
Stockton Bankruptcy Office
1151 West Robinhood, Suite C8
Stockton, CA 95207
TEL: (209) 475-0499

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Stockton Bankruptcy Office -- Now Open!!!

2009-10-08T10:55:00.000-07:00

Conlon & Fong a Bankruptcy Law Firm is pleased to announce opening of our new office in Stockton CA located at:

1151 West Robinhood, Suite C8
Stockton, CA 95207
(209) 475-0499

This bankruptcy office will be responsible for serving the entire Stockton area including
Lodi, Manteca, Modesto and Tracy, CA.

For more information reagerding your possible bankruptcy case call (209) 475-0499 or visit our website: http://www.bankruptcy-stockton.com/

Bankruptcy Fraud Warning Signs

2009-09-14T14:57:00.000-07:00

Bankruptcy Fraud Warning Signs
1. Concealment of assets
2. Serial bankruptcy cases
3. Failure to keep usual business records
4. Incomplete or missing books and records
5. Conduct well outside ordinary business or industry standards and practice
6. Unusual depletion of assets shortly before the bankruptcy filing
7. Recent departure of debtor's officers, directors or general partners
8. Unanswered questions or incomplete information on debtor’s schedules and statement of financial affairs
9. Frequent amendments to schedules, statements of financial affairs and monthly operating reports
10. Inconsistencies among recent financial statements, tax returns and debtor's schedules and statements of financial affairs
11. Absence of knowledgeable officers to testify at the Section 345 meeting
12. Inability to contact principals of debtor at debtor’s stated location
13. Frequent dealings in cash rather than recorded transactions
14. Sudden depletion of inventory post-petition without plausible explanation
15. Inflated salaries, payments of bonuses or cash withdrawals by officers, directors, shareholders or other insiders
16. Transfer of property to insiders, shareholders and relatives shortly before bankruptcy
17. Payoff of loans to directors, officers, shareholders, relatives or other insiders shortly before filing.
18. Transactions with non-debtor subsidiaries, parent companies or affiliated corporations owned by the same or related persons or entity
19. A history of prior litigation or post-petition litigation involving breech of contracts, fraud misrepresentations, etc
20. Complicated corporate structures and relationships.
21. Creditor confusion concerning corporate structure.
22. Fire, theft or loss prior to or after filing.
23. Failure to pay withholding and sales tax.
24. Startup of a similar business near the time of bankruptcy filing.

Sacramento Bankruptcy Lawyers

2009-09-01T08:31:00.000-07:00

Conlon & Fong, Attorneys at Law, is a Bankruptcy Law Practice. We are committed to helping people protect their assets while discharging their debts in Bankruptcy. We will determine if Bankruptcy is a viable option for you, and if so, provide proficient, accurate, and protective representation. Sacramento Bankruptcy Attorney Mr. Conlon and Sacramento bankruptcy Lawyer Mr. Fong have represented thousands of people in Bankruptcy cases, and have a combined 26 years of legal experience. We have the experience that is necessary to properly evaluate, prepare, and file your case.

We are members of the California State Bar, the Sacramento Valley Bankruptcy Forum, and the American Bankruptcy Institute.

If you are having financial hardship and are considering filling for bankruptcy, contact us by calling (916) 971-8880 for a FREE confidential bankruptcy consultation.

Or you may click here to fill out our FREE Confidential Bankruptcy Case Consultation form.

"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."

UP TO YOUR EYES IN DEBT?
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IMMEDIATE APPOINTMENTS
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Conlon & Fong
6825 Fair Oaks, Blvd., Suite 101
Carmichael, CA 95608
TEL: (916) 971-8880
FAX: (916) 481-3975
http://www.bankruptcyattorneysacramento.com/