Page 197 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

Again, the FDCPA is for consumer judgments and debt only. I NEVER take those.

Remember, think “credit card” type of debt mostly, or anything involving credit. Those are
not the types of judgments we typically take. I won’t go more into it again here. You’ve
already done your homework by checking out the Forum lesson on “consumer judgments.”

But if you take consumer judgments, then you must follow the laws in the FDCPA.
You should read it from beginning to end as part of your self-study

Some of the FDCPA is just common sense: Don’t be deceptive. Always be truthful
when speaking with the debtor. (I rarely have to speak to the debtor, but sometimes he’ll
call me.) Don’t call and bother him. Never get angry or sarcastic. You know, the same
things mom said.

I could repeat all the information in the FDCPA, but I’ll leave that up to your self-study.
Just Google it, and you’ll have it. Look especially at the sections:

§ 804 Acquisition of location information
§ 805 Communication in connection with debt collection
§ 806 Harassment or abuse
§ 807 False or misleading representations
§ 808 Unfair practices
§ 809 Validation of debts
§ 810 Multiple debts
§ 811 Legal actions by debt collectors
§ 812 Furnishing certain deceptive

There is also the Gramm-Leach-Bliley (GLB) Act which concerns disclosure of
nonpublic information, and what methods are not legal in obtaining information. Just
Google “GLB.” You should become familiar with it.

Again, I rarely contact the JD. In 18 years, I can’t remember a time when I called a
JD. I see my job as locating assets, and having the sheriff take them. But if you absolutely

must contact a JD, there are certain factors to keep in mind.
Mom would agree.

1) Obviously you should never threaten the debtor.

2) Don’t say that you’re an attorney (unless you are).

3) If the JD says not to call him, don’t call him.

4) Don’t threaten to publish the JD’s name or tell others he’s a deadbeat.

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