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BRIAN LINNEKENS PROTECTS CLIENTS FROM UNFAIR DEBT
COLLECTION PRACTICES
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
•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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website is not intended in any way to create or even to convey the impression that
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kind constitutes any attorney-client relationship whatsoever. The Law Offices of
Brian R. Linnekens does not make any guarantee as to the accuracy or currency of
any information contained in or created through use of any link to another website
contained in this website. You should consult a lawyer for individual advice
regarding your own situation.
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