Posts Tagged ‘Law’

George Washington Racks Up Late Fees at NY Library

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If George Washington were alive today, he might face a hefty overdue library fine. New York City’s oldest library says one of its ledgers shows that the president has racked up 220 years’ worth of late fees on two books he borrowed, but never returned. One of the books was the “Law of Nations,” which deals with international relations. The other was a volume of debates from Britain’s House of Commons. Both books were due on Nov. 2, 1789. New York Society Library head librarian Mark Bartlett says the institution isn’t seeking payment of the fines, but would love to get the books back. The ledger also lists books being taken out by other founding fathers, including Alexander Hamilton, Aaron Burr and John Jay. The entry on Washington simply lists the borrower as “president.”

Information from: Daily News, http://www.nydailynews.com

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6 Ways To Fend Off Debt Collectors

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Even if you owe the money in question, you do not have to put up with harassment. Here’s how to make the calls stop — and fight a claim if it’s a mistake. You owe money, and a debt collector is calling you night and day. Or maybe you don’t owe money, and a debt collector is calling you night and day. Collectors are applying the thumbscrews — often illegally — as recent complaints to the Federal Trade Commission bear out.

1. Get the facts. In its first letter, the collection agency must provide you with the name of the creditor, the amount of the initial debt, a breakdown of penalties and interest, and an explanation of your rights. If the collection agency calls rather than writes, get the details on the phone and remind the caller that you are entitled to the written information within five days. Ask for an address and a phone number so you can follow up if necessary, and start a file that includes a record of every call and a copy of every document involved in the claim.

2. Set the record straight. If you don’t recognize the debt, or know you’re being dunned in error, write a letter disputing the claim to both the collection agency and the creditor. Include details, dates and copies of any supporting paperwork, and send the letters by certified mail, with a request for a receipt, within 30 days of the first written notice. The burden is on the agency to make its case — say, by providing a copy of the creditor’s judgment. If it doesn’t, you’re in the clear, for now. However, agencies sometimes sell their accounts to other collectors. Be prepared to fight the claim all over again.

3. Hang up on harassment. Collection agencies are prohibited from calling you between 9:00 p.m. and 8:00 a.m. and from using abusive or threatening language. If you don’t want to be called or contacted at all, write to the agency and say so. It must abide by your terms, although it may send one more notice telling you how it will proceed. If your lawyer writes the letter, the agency must communicate only with him or her.

4. Agree on a plan. If the debt is yours, work with the agency to come up with a realistic plan for paying it back. “Don’t promise something you cannot do,” says Robert Markoff, the president of the National Association of Retail Collection Attorneys. Debt collectors would rather adjust the terms of repayment than face future defaults, he says. “They want payments that come in like clockwork, so they can move on to the next case.” Fail to come to terms and you could end up in court; lose there, and the agency wins the right to put a lien on your property (certain property is exempt) or have your wages garnisheed.

5. Tell the authorities. Still have a problem? Complain to the Federal Trade Commission, which enforces the Fair Debt Collection Practices Act. Your complaint, added to others, can help it identify and pursue the most egregious bad guys. Also contact your state attorney general’s office. Depending on state law, that office may be willing and able to pursue your case.

6. Sue the bums. You can sue a collection agency that flouts the federal law and collect statutory damages of up to $1,000, plus real damages and attorney’s fees. Many lawyers will take your case on a contingency basis or charge a fee of, say, $25 to $100, says Robert Hobbs, the deputy director of the National Consumer Law Center. Some will also represent you in serious cases involving collectors who are not covered by the federal law.

This article was reported by Jane Bennett Clark for Kiplinger’s Personal Finance magazine. Published August 27, 2009

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