Many debt collectors will use any available tactic to collect debts from hardworking Americans. Although Brian Linnekens strongly believes that we should make every attempt to pay the debts that we owe, he also believes that all clients deserve to be treated with the common decency and respect. As a result, Brian Linnekens has developed a network of attorneys around the country who are trained to protect clients from unfair collection practices.
According to Brian Linnekens, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt. Specifically, a debt collector may not:
- Collect any interest, fee, charge, or expense incidental to the principal obligation unless it was authorized by the original debt agreement or is otherwise permitted by law
- Accept a check or other instrument postdated by more than five days, unless he or she notifies the consumer, in writing, of any intention to deposit the check or instrument; the notice must be made no more than ten nor less than three business days before the date of deposit
- Solicit a postdated check or other postdated payment instrument to use as a threat or to institute criminal prosecution
- Deposit or threaten to deposit a postdated check or other postdated payment instrument before the date on the check or instrument
- Cause communication charges, such as charges for collect telephone calls and telegrams, to be made to any person by concealing the true purpose of the communication
- Take or threaten to repossess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled
- Use a postcard to contact a consumer about a debt
Although many of these may seem obvious, Brian Linnekens and his attorney network have found that many debt collectors still use these tactics to try to harass clients. But with proper representation, most if not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors.
This website is designed to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Use of this website is not intended in any way to create or even to convey the impression that such use of this website by any person, organization or entity of any nature and/or kind constitutes any attorney-client relationship whatsoever. The Law Offices of Brian R. Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website. You should consult a lawyer for individual advice regarding your own situation.