The so called Mini-Miranda is a warning mandated by 15 USC 1600 which demands that all debt collection letters must carry an advisement that the letter is from a debt collector and is for the purpose of collecting a debt and that any information obtained from the debtor will be used for that purpose.

There is much more to be learned about the mini-miranda and we will try to cover all of that in our next lesson. One of the things covered in Miranda is what is commonly called the "Mini-Miranda" in which 3rd party debt collectors must send you a letter outlining your rights under the Fair Debt Collection Practices Act which is titled 15 U.S.C. 1600. This too is a very large law and has been greatly amplified from it's somewhat simpler beginnings. It's various subsections cover many topics, each of which carry their own titles
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A federal law called the Fair Debt Collection Practices Act ("FDCPA") gives you specific legal rights to sue debt collectors who threaten or harass you, call you at off-hours, or make false representations to you. False statements may have included a threat to attach your wages (illegal in Pennsylvania) or sue or bring any kind of legal action when they do not follow through and actually do it.

We have seen may instances of this type of conduct. There are literally dozens of ways in which a debt collector and often a creditor can break the law. Each time a creditor breaks the law, you may be entitled to damages in an amount commensurate with the gravity of the violation. Some creditors have gone so far as to threaten arrest, jail, or harm to loved ones, including informing friends and work associates of the debtor's financial embarrassment. They often threaten wage attachment which is generally not permitted in the State of Pennsylvania (your state is most likely different, e.g. NJ & NY both allow wage attachments, as do most states.).

Any threat to do something that is not allowed by law is grievous and actionable (you can bring suit). Did you know that each time a debt collector contacts you he must give you what is known in the business as a "Mini-Miranda Warning?" This warning received that name because it is reminiscent of the warnings that police should give you if you are arrested, however, "Mini-Miranda Warnings" have nothing to do with criminal law.

A "Mini-Miranda Warnings must contain words to the effect that:
"Hello, I am _________(name of collector). I am a debt collector representing____________(creditor). Information obtained during the course of this call will be used for the purpose of collecting the debt." If the creditor has not been advising you as above, you may have a right to sue.

Letters you receive in the mail from collectors also must contain similar warnings such as: "This is an attempt to collect a debt.
Any information obtained will be used for that purpose. Unless within 30 days of your receipt of this notice, you notify us that you dispute the validity of this debt, it will be assumed to be correct. If you notify this office within thirty days that you dispute the validity of the debt, we will obtain verification of the debt or a copy of the judgment. If you request it within 30 days, we will provide you with the name and address of the original creditor (if different from the current creditor)." If the letter does not state the above, or words similar or close to the above, you may also have a right of action.

Furthermore, did you know that no bill collector or creditor has the right to contact any third person about your debt, except to get information solely to locate you? This means that if a bill collector or a creditor tells any person except you that you owe them money, they can be sued. They can not even identify themselves as debt collectors when attempting to gain information about you or how they can reach you. ask questions Are creditors threatening your employment by calling you on the job? The FDCPA states:

Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent
jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. Simply put, anyone can stop creditors from harassing them at work by putting the creditor on notice that the empoyer of the consumer does not permit him or her to receive the calls. Do you think your employer allows you to be harassed at work?

Is this why you are paid? Probably not! Tell the debt collector this and confirm it in a letter! Then make notes as to each time the collector violates this warning. Bring your notes to your attorney and have him use it against the collector in court. Your Right to Stop Communication from the Debt Collectors Insofar as creditors are concerned, there is no reason why::
1.you have to answer a phone for a creditor (this works with called ID).
2.you have to speak with the creditor on the line.
3.you have to say "good-bye" before you hang up.
4.you have to be truthful about your personal and financial affairs (you do not have to disclose private information about
assets or income). In fact, you do not even need a lawyer to stop creditors from calling you (although one is very helpful)!

All you need to do is to mail the creditor a "cease communication" letter. This request can be made any time, but it must be made in writing. It is always preferable to send the request by certified mail and keep a copy. This copy will be proof of your request should you need to sue the creditor. Once the collector receives your letter, it can only contact you to inform you of any action it intends to take or to tell you that it is terminating its efforts to collect the debt.

This letter is enough you legal stop further contact or dunning letters. Your letter should state that you are refusing to pay the debt because...(any reason will do--you can even say you lack the funds to do it) and all communication to you should cease immediately.

Writing this letter will not protect you from a lawsuit though. Something else to watch out for. Most of us have received those notices in the mail saying that you have won some prize or other and all you have to do to collect your prize is to call this toll free phone number.

Don't do that! Don't go there! Those supposed prizes will almost always end up costing you money and sometimes lots of it.
And those prize winner notices can also be a scam run by a collection agency trying to skip trace you or get other valuable
information about you that they can't get any other way. So the best advice about those letters telling you that you just won the grand prize in the Slobovian National Lottery or whatever is just ignore them. If it's too good to be true, you can bet that it is just that.

This is the third in a series of lessons that you have signed up for and will receive in a series of lessons over a period of 50 days.

They will come to you automatically and of course, these lessons are also provided to those who sign up for our full course which you may do at any time by going to our website at <a href="http://www.creditwrench.com"> and clicking on any of the three order links provided on the website.</a> The first step in the process will be to send us your request for our terms of service and federally demanded disclosure statement that tells you all about your rights when dealing with us. You must supply all information requested in the form and your failure to provide all required information can only work to delay your order. Once you have received our terms of service and federally required disclosure statement you will also receive a link to our actual order page by email. You can then proceed to our secure pay site and send us your setup fee of $50.00 which covers the cost of setting up your account and an expert analysis of the 3 credit bureau reports which we must have on file in order to properly help you work with your problems in an effective number.

We guarantee that your information will be kept private and will never be revealed to any third person. We will never communicate with any other person or company about you under any circumstances. Only you will do that. This is so that you are always in full control of what happens and can be certain that you truly want to do what we suggest that you do. Remember that getting your own personal copy of Creditwrench will give you the power to become your bill collector's worst nightmare. Creditwrench™ is a series of hard hitting right on point letters each of which delivers a telling blow to the receipient. We put them on a tight time schedule and never give them a crying chance. That's why Creditwrench™ is far and away the best method there is. It's a system that works and works well.

You should also feel free to visit our message board and join in the lively discussions there so you learn more and learn it more quickly. You should always address any questions you may have to bbauer1@netzero.net or you may call us at 405-616-7901



Creditwrench™ has lots and lots of resources available for you to learn how to deal with your debt problems and re-establish your credit. Our website is at http://www.creditwrench.com and we have a message board at http://pub50.ezboard.com/bcreditwrench as well.






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