Tuesday, December 08, 2009

Phone Numbers Used By Phony Debt Collectors


In recent weeks, I have written about phony debt collectors using illegal and abusive threats to collect on payday loans.  Click here to read my first article and here to read my second article.  My friend Steve Rhode also dug a little deeper and and wrote this article that reveals some very interesting information about how these places operate.

The phony debt collectors often claim to be attorneys and begin by threatening debtors with jail time for nonpayment of payday loans.  The scam artists presumably have some level of success with their scare tactics based on the number of calls that I receive about this scam.  Below is a list of phone numbers known to be used by the scam artists:

  • 201-221-3060
  • 213-221-1002
  • 213-286-0210
  • 213-286-2016
  • 213-550-4189
  • 213-995-3046
  • 310-362-4305
  • 310-362-4319
  • 310-362-9386
  • 313-332-1091
  • 343-729-0397
  • 407-506-0424
  • 408-317-0831
  • 408-355-9951
  • 415-223-4108
  • 415-880-5599
  • 496-900-0000
  • 619-342-0094
  • 714-333-2945
  • 714-333-2951
  • 714-400-0563
  • 714-409-0208
  • 714-409-0250
  • 714-845-0766 (FAX)
  • 760-300-4000
  • 718-831-7157
  • 818-936-4699
  • 904-425-9141
  • 941-961-8518
  • 949-743-1049
  • 951-707-4047
  • 973-200-6686
If you are contacted by one of these scam artists, please leave comment below with the phone number they used so I can keep this list up to date. 

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

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Will Congress Resurrect Judicial Loan Modification?


In January 2009, I was in the unusual position of asking my fellow Republicans to support legislation sponsored by the Democrats that would have given bankruptcy judges the capability of modifying mortgages in a Chapter 13 bankruptcy.  Click here to read my original article.  Unfortunately, this legislation failed to pass in the Senate.  I have now received word that the concept of judicial loan modification in Bankruptcy Court could be resurrected.

Congress will soon be considering amendments to H.R. 4173, the Wall Street Reform and Consumer Protection Act, that would give consumers a powerful negotiating tool to use when trying to negotiate loan modifications with intransigent lenders.  I am once again urging my fellow Republicans to set aside outdated perceptions of irresponsible borrowers and support this legislation.
 

President Obama's loan modification program, commonly known as Home Affordable Modification Program or HAMP, has been a dismal failure.  As of September 2009, only about 1700 homeowners had received "permanent" loan modifications under the HAMP program.  As any bankruptcy attorney can tell you, experience has shown that lenders have very little motivation to modify loans.  Consumers have seen their 90-day "trial payment periods"  under HAMP drag on for months with no sign of a permanent loan modification offer in sight.
 

The threat of an involuntary loan modification in bankruptcy court may be the only way to force lenders and loan servicers to take loan modifications seriously and to stop dragging their collective heals in offering reasonable solutions.
 

I am urging all of my readers, colleagues and clients to contact their representatives in Congress by going to http://clerk.house.gov/member_info/mcapdir.html and urging them to support amendments to this bill that would give bankruptcy judges the power to modify residential  mortgage loans.
 

With 3 million new foreclosures expected in 2010, the ongoing foreclosure crisis will continue to cause a rise in bankruptcy filings and undermine any hope of an economic recovery.

Unlike the expensive bailouts provided to the big lenders, this change to the Bankruptcy Code will not cost taxpayers one penny and will help stabilize the economy.  The voluntary loan modification programs simply are not working.


So if the Republican Party wants to stop looking like it is out of touch with reality, supporting this legislation might be a good first step in fixing the public's perception of the party.


About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

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Friday, December 04, 2009

No, CashNet Cannot Throw You In Jail for Defaulting on a Loan


After I wrote a recent article about phony debt collectors pretending to be attorneys, I started receiving phone calls from people around the country that a collection agency for CashNetUSA was impersonating me and trying to collect debts.  I am receiving disturbing reports that this collection agency is illegally threatening borrowers with jail time for not repaying loans.

I filed a complaint with the Better Business Bureau and CashNetUSA has not responded to my request for assistance.  I also contacted the El Cajon Police and the San Diego officer of the F.B.I., but they do not feel that any crimes have been committed.

The Federal Fair Debt Collection Practices Act specifically prohibits debt collectors of consumer debts from threatening a debtor with jail time for failing to repay debts.  Debt collectors also may not falsely claim that they are attorneys or government representatives.
If any collection agency for CashNetUSA contacts you and pretends to be an attorney collecting a debt, I recommend taking the following steps:
  • Go to www.annualcreditreport.com and get a copy of your credit report.  Dispute any inaccurate information.
  • Put a preliminary fraud alert on your credit report.  The collection agency for CashNetUSA seems to have loads of personal information about people and you could be at risk for identity theft.
  • Contact your local police.  A debt collector impersonating and attorney might be committing a crime.
  • Consult an attorney.  You may have a claim for damages against the collection agency under the Fair Debt Collection Practices Act and you may also have a claim for damages against CashNetUSA under the laws of your state.
If you live in Southern California and a collection agency for CashNetUSA or any other collection agency has been has been harassing you, please call us today for assistance at (619) 448-2129.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar, the San Diego County Bar Association and the National Association of Consumer Bankruptcy Attorneys. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

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