Brian Linnekens Protects Clients from Unfair Debt Collection Practices

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Brian Linnekens Protects Clients from Unfair Debt
Collection Practices
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• 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.
• Unfair 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

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• 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.

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