How to Stop Wage Garnishments: A Guide to Protecting Your Income 5 May 2023, 8:53 am

Wage garnishment is a legal process that allows creditors to take a portion of your wages to repay a debt. It is a stressful and frustrating experience, especially if you are already struggling to make ends meet. However, there are steps you can take to stop wage garnishments and protect your income. In this guide, we’ll explore some of the ways you can prevent or stop wage garnishments and regain control of your finances.

Understanding Wage Garnishment

The first step to stop wage garnishments is understanding how they work. Wage garnishment is a legal process where a creditor collects a debt from a portion of an individual’s wages by taking those amounts directly from the employer. When a wage garnishment is in effect, a certain amount of money is deducted from the individual’s paycheck and sent to the creditor to repay the debt.

Wage garnishment is initiated through a legal process that starts with a court order or judgment. When a creditor obtains a judgment against a debtor, they can then seek to collect the debt through a wage garnishment. The creditor will first need to file a legal action against the debtor. In Utah lawsuits of this type occur either in small claims court or the Utah District Court. If the court finds in favor of the creditor and issues a judgment, the creditor can then request a wage garnishment order from the court.

The creditor then serves the wage garnishment order on the debtor’s employer. It is then required by law to withhold a certain percentage of the debtor’s wages and send it directly to the creditor. The exact amount that can be garnished from the debtor’s wages is determined by state and federal law and can vary depending on factors such as the type of debt, the debtor’s income, and the number of dependents the debtor has.

How much can be garnished from your paycheck?

The amount that can be garnished from an individual’s wages depends on several factors, including the type of debt, the state where the individual lives and works, and the individual’s income and expenses. Generally, federal law sets a maximum amount that can be garnished from an individual’s wages, which is the lesser of:

• 25% of the debtor’s disposable earnings, or
• the amount by which the debtor’s disposable earnings exceed 30 times the federal minimum wage.

For example, if the federal minimum wage is $7.25 per hour, and an individual’s disposable earnings are $500 per week, the maximum amount that could be garnished would be $125 per week (25% of $500). However, if the individual’s disposable earnings were only $200 per week, the maximum amount that could be garnished would be $10 per week (the amount by which $200 exceeds 30 times the federal minimum wage).

Generally, if you only make $942.50 a month or less the creditor is not allowed to garnish your wages as you simply do not have enough disposable income.

It’s important to note that some types of debt, such as child support, student loans, or tax debts, may have different rules regarding wage garnishment. Additionally, some states have their own laws regarding wage garnishment that may allow for a lower maximum amount to be garnished. It’s important for individuals to understand the specific rules and regulations that apply in their situation in order to determine how much can be garnished from their wages.

Utah allows wage garnishment of the 25% maximum allowed under federal law.

How to stop a wage garnishment

File an Exemption

Certain types of income are generally exempt from wage garnishment. That means that income cannot be taken to satisfy a debt through wage garnishment. The specific rules regarding exemptions can vary depending on your state as well as the type of debt being garnished.

Some common types of income that may be exempt from wage garnishment include:

1. Social Security and disability benefits: Social Security retirement, disability, and survivor benefits are generally exempt from wage garnishment.
2. Veterans’ benefits: Veterans’ benefits, including disability compensation and pension payments, are typically exempt from wage garnishment.
3. Public assistance: Public assistance benefits, such as Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and Supplemental Security Income (SSI), are usually exempt from wage garnishment.
4. Retirement benefits: Many types of retirement benefits, such as 401(k) plans, IRAs, and pensions, may be exempt from wage garnishment.
5. Child support payments: If the wage garnishment is for unpaid child support, some states may exempt a certain amount of the debtor’s income from garnishment.

The process for filing for an exemption from wage garnishments varies by court. In Utah you file a Reply and Request for hearing within 20 days of receiving notice of the wage garnishment. In the Reply and Request for Hearing you explain to the court exactly why the income is exempt. The court will then make a determination that is binding on the parties so be thorough. Don’t leave out any critical information or you could lose your exemption.   

Pay off the debt

Most websites will tell you to negotiate the debt to stop a wage garnishment. That is a possibility but not reality for most people. Once a debt reaches the point of having your wages garnished there is little possibility of negating with the creditor. The only way a creditor will negotiate to stop a wage garnishment is to pay the debt in full. In most cases that is not really an option.

File Bankruptcy to stop wage garnishments

If all else fails, filing for bankruptcy is an option to stop wage garnishment. Once you file for bankruptcy, an automatic stay goes into effect, which puts a stop to wage garnishment and other collection actions. All collection garnishments, phone calls, and letters from creditors and debt collectors must stop once the automatic bankruptcy stay goes into effect.

Bankruptcy is a last resort as it has long-term impacts on your credit score and financial future. Before making the decision to file for bankruptcy, it’s a good idea to explore other options for managing your debt. Try negotiating a payment plan with your creditors or working with an attorney to explore other options.

Find debt collection abuses

If any debt collection abuse occurred in the collection process those abuses might help stop or offset the wage garnishments. For example, if the debt collector attempted to garnish any wages that are exempt you may have a way to fight back and stop the wage garnishment. The same is true if the collection agency garnishes your wages while you are currently paying the debt under an agreed upon payment plan.

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Do you have a creditor suing you or garnishing your wages?

We can stop unjust or illegal wage garnishments. Don’t lose precious income for no reason. Let our attorneys review your situation to see if we can stop the garnishment.

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How to prevent a wage garnishment

The best way to stop a wage garnishment is to prevent it before it occurs. That requires asserting proper affirmative defenses when the case begins. Here are some common affirmative defenses to raise in a typical debt collection lawsuit:

1. Statute of limitations: Debt collectors may sue for a certain period of time after the debt becomes delinquent. When the statute of limitations expires the debt is no longer legally enforceable.
2. Lack of standing: The plaintiff in a debt collection lawsuit must be the legal owner of the debt in question. If they cannot prove ownership, they may lack standing to sue.
3. Failure to state a claim: The plaintiff must state a legally viable claim in their complaint. If they fail to do so, the case may be dismissed.
4. Improper service of process: Debt collectors must serve the defendant with proper notice of the lawsuit. If they fail to do so, the case may be dismissed.
5. Lack of consideration: If the plaintiff did not give the defendant anything of value in exchange for the alleged debt the case could be dismissed.
6. Payment or settlement: If the defendant already paid the debt or reached a settlement with the plaintiff, the debt may no longer be legally enforceable. This is also sometimes referred to as accord and satisfaction.
7. Breach of contract: If the plaintiff breached the terms of the original contract, they may be prohibited from collecting the debt.
8. Unclean hands: If the plaintiff engaged in wrongful conduct such as engaging in deceptive or unfair practices, the case may be dismissed.
9. Fraud: If the plaintiff obtained the debt through fraudulent means, the case may be dismissed.

Read our previous article for a more comprehensive discussion on these and other affirmative defenses.

Should I consider debt consolidation to stop wage garnishments?

In most cases debt consolidation is a mistake. Even when used to stop wage garnishments there are better options. In some cases debt consolidation is an outright scam. Here are several reasons why you should avoid debt relief companies:

1. High-interest rates: Debt consolidation loans may come with high-interest rates. That increases the amount of money you owe over time.
2. Fees: Debt consolidation companies may charge fees, such as origination fees or closing costs. Those fees add to the total amount you owe.
3. Long-term debt: Consolidating your debts into one loan may extend the repayment period, leading to a longer-term debt. That can be more difficult to pay off.
4. Risk of losing collateral: Some consolidation loans may require collateral, such as your home, car, or other assets. That puts you at risk of losing them if you are unable to make your payments.
5. Risk of falling back into debt: Consolidating your debts does not address the underlying spending habits that led to the debt in the first place. Without changing your spending habits, you may fall back into debt again.

Instead of consolidating your debt to stop wage garnishments, consider other options such as creating a budget, negotiating with creditors, or seeking the assistance of an attorney. These options can help you pay off your debts without taking on additional debt or putting your assets at risk.

Also, remember that most debt consolidation companies are scams. They take your money and combine it into one amount. They then selectively pay certain debts while letting others fall delinquent. Of course, they also take a hefty fee in the meantime. The damage to your credit and your overall financial health cannot be overstated. Avoid debt relief services at all costs.

Should I use a debt relief company?

No, you should not use debt relief companies. Debt relief companies are mostly scams. Even those that are more legitimate than others still take your money for themselves rather than using it to pay down your debt.

Debt relief companies typically work by negotiating with your creditors to reduce the amount you owe, or to set up a payment plan that is more manageable for you. They may also offer credit counseling services or other forms of financial advice to help you get back on track.

One common form of debt relief is debt settlement. This is where the debt relief company negotiates with your creditors to settle your debts for a lower amount than you owe. Debt settlements by others have a substantial negative impact on your credit score and may result in tax consequences. These companies may or may not stop wage garnishments depending on who you hire.

There are also numerous scams and unscrupulous companies in this industry. Some debt relief companies charge high fees and make false promises about their ability to help you resolve your debts. Even those that most would not consider scams, we do. These companies are simply redirecting your hard-earned money into their pockets instead of using that money to pay your debts.

Should I use a credit repair company?

No, you should never use a credit repair company to defend yourself from debt or to stop wage garnishments. Credit repair is not a legal service and does nothing to defend you against the underlying debt. Credit repair only deals with the credit reporting aspect of the issue. If any credit repair company tells you its services somehow stop or clear up a wage garnishment, they are scamming you. Even the most popular credit repair companies do nothing to stop the underlying problem.  

Rebuilding your income and credit after a wage garnishment

Experiencing a wage garnishment can be a challenging financial setback, but it is possible to rebuild your income after you stop the garnishment. Indeed, the end of a wage garnishment presents a tremendous opportunity to savvy consumers. Here are some steps you can take to get back on track:

1. Budgeting: Create a budget and stick to it. Start by listing your monthly income and expenses, including any outstanding debts. Evaluate where you can cut back on spending and prioritize your bills.   
2. Increase your income: Consider taking on a part-time job or freelance work to increase your income. Look for opportunities in your field or consider developing a new skill that can lead to higher paying jobs.
3. Pay off debts: Focus on paying off any remaining debts to improve your credit score and financial stability. Start by paying off debts with the highest interest rates first. You can then snowball your payments as each debt is repaid.
4. Rebuild credit: Once you have paid off your debts, begin to rebuild your credit by applying for a secured credit card or a credit builder loan. Make sure to make your payments on time and keep your credit utilization low.
5. Seek financial advice: Consider speaking with a financial advisor or credit counselor who can help you create a personalized plan to rebuild your income and finances.
6. Stop using credit: It may sound obvious but it also helps rebuild your financial future to stop using credit. Avoiding poor financial choices is hard but living by one simple rule can make you wealthy if applied judiciously.   

Remember that rebuilding your income after a wage garnishment will take time and effort. Stay focused, and keep working towards your financial goals.

Bonus tip on rebuilding your income and credit after a wage garnishment

Grow Your Savings and Investments

If 25% of your wages was being garnished for a while and you have grown accustomed to life without that income, consider redirecting the same amount to savings or investments when the garnishment ends. Don’t fall into the trap of spending everything you earn. It takes discipline but putting 25% of your income into the proper investments will result in a far better retirement than spending that income instead.

Conclusion

Wage garnishment can be a difficult and stressful experience, but there are steps you can take to stop wage garnishments and protect your income. By understanding how wage garnishment works, negotiating a repayment plan, challenging the garnishment, or filing for bankruptcy, you can regain control of your finances and move toward a brighter financial future. Remember, the key to stopping wage garnishment is to take action early and seek help if you need it.

The post How to Stop Wage Garnishments: A Guide to Protecting Your Income appeared first on STEPHENSON LAW FIRM.

How to Build an Identity Theft Recovery Plan 2 May 2023, 10:17 am

Identity theft is a growing problem that affects millions of people every year. It can cause significant financial and emotional damage. Recovering from an identity theft event can also be a long and difficult process. That’s why it’s essential to have an identity theft recovery plan in place to protect yourself from identity theft.

The Importance of Having an Identity Theft Recovery Plan

Identity theft can happen to anyone, and it can be incredibly damaging. It can result in fraudulent credit card charges, unauthorized withdrawals from your bank account, and even damage to your credit score. Recovering from identity theft can be a time-consuming and stressful process, and it can take months or even years to fully recover.

Having an identity theft recovery plan in place can make all the difference in how quickly and efficiently you can recover from an identity theft event. It can help you take immediate action to mitigate the damage, and it can give you peace of mind knowing that you have a plan in place.

Benefits of Having an Identity Theft Recovery Plan

Here are some of the benefits of having an identity theft recovery plan:

1. Peace of mind: Knowing that you have a plan in place can help reduce anxiety and stress.
2. Faster recovery time: A recovery plan can help you act quickly to minimize the damage caused by identity theft.
3. Reduced financial damage: With a recovery plan in place, you can take immediate action to stop unauthorized charges and withdrawals, which can help reduce financial damage.
4. Identity theft insurance: Some recovery plans offer identity theft insurance, which can help cover the cost of recovering from an identity theft event.
5. Fraud alerts: A recovery plan can include fraud alerts, which can notify you of suspicious activity on your accounts.

Sample Identity Theft Recovery Plan

Taking a few simple steps is all that is needed to protect your credit. If you are a victim of credit fraud here are the steps involved in our recovery plan:

1. Contact the companies where fraud occurred: The first step in the recovery plan is to contact the companies where the fraud occurred. This includes banks, credit card companies, and other financial institutions. Report the fraud and dispute any unauthorized charges.
2. Place fraud alerts and freeze your credit: The next step is to place fraud alerts on your credit report and consider freezing your credit. Contact one of the three major credit bureaus (Experian, TransUnion, Equifax) to place these alerts.
3. Report the theft to the appropriate authorities: Report the identity theft to the appropriate authorities such as the FTC and local law enforcement agencies. Most police departments are now setup to take complaints of identity theft or credit fraud.
4. Dispute fraudulent charges: Dispute any fraudulent charges with the affected creditors and debt collectors.
5. Dispute fraudulent credit reporting: Contact the three major credit bureaus as needed to dispute credit reporting of fraud accounts.
6. Protect your identity in the future: Monitor your credit reports, create stronger passwords, and never visit dangerous websites or click on emailed links.

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Don’t wait to build an effective identity theft recovery plan! We can help.

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How to Avoid Identity Theft

Using an identity theft recovery plan to avoid identity theft is also recommended. And it doesn’t have to be complicated. Here are some steps you can take to create a personalized plan:

1. Monitor your credit: Regularly check your credit report for any unusual activity. You can get a free credit report from each of the three major credit bureaus every year.
2. Set up fraud alerts: Consider setting up fraud alerts on your accounts. This can help you get notified of any suspicious activity.
3. Use strong passwords: Use strong, unique passwords for all of your online accounts. Avoid using the same password for multiple accounts.
4. Act quickly: If you suspect that you’ve been a victim of identity theft, act quickly to minimize the damage. Contact your bank and credit card companies to report the fraud, and consider freezing your credit.

Is Identity Theft Insurance Worthwhile?

The short answer is probably not. Taking a few simple steps to protect your identity and lock down your credit is all you need to be safe from identity theft in most cases. Lock down your credit reports. Use credit wisely and sparingly. Keep your personal information private. Use diligence and you should be fine. Overall, most people will have little to no issues with identity theft if they follow our identity theft recovery plan.

Conclusion

Identity theft can be a devastating experience, but having an identity theft recovery plan in place minimizes the damage and makes the recovery process smoother, faster, and less expensive. Use our steps outlined above to create a personalized plan that’s tailored to your specific needs and circumstances. Don’t wait until it’s too late to protect your identity – start building your recovery plan today.

If you need additional help or legal advice regarding identity theft, don’t hesitate to contact our law firm. Our team of experienced attorneys can provide you with the guidance and support you need to recover from identity theft and protect your personal information in the future. Contact us today to schedule a consultation and take the first step towards reclaiming your stolen identity.

The post How to Build an Identity Theft Recovery Plan appeared first on STEPHENSON LAW FIRM.

Understanding Credit Reporting and Credit Repair 28 Apr 2023, 8:12 am

Maintaining accurate credit reports and understanding credit reporting are crucial for financial success. Credit reports provide a snapshot of an individual’s credit history and financial behavior, which can impact a wide range of financial opportunities, such as obtaining loans, securing employment, and renting housing. Credit reporting agencies, also known as credit bureaus, collect and report information from various sources, including creditors, lenders, and public records. The information they collect, maintain, and distribute is known as a credit report.

Understanding credit reporting and its process can be complex and confusing, and errors on credit reports are not uncommon. Inaccurate information on a credit report can negatively impact credit scores, which can in turn affect financial opportunities and creditworthiness. Therefore, it’s important to understand the credit reporting process, common errors that may appear on credit reports, and how to correct those errors.

In the following sections, we’ll explore the basics of credit reports, common errors that can appear on credit reports, and strategies for correcting and improving credit reports. By understanding how credit reports work and taking steps to ensure their accuracy, individuals can protect their credit and financial future.

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Overview of the Credit Reporting Process

Credit reporting is the process of collecting, maintaining, and distributing information about an individual’s credit history and financial behavior. Lenders, employers, and other entities use this information to make decisions about financial opportunities, such as loans, credit cards, and employment.

The credit reporting process begins when a lender or creditor reports information about an individual’s credit history and financial behavior to a credit reporting agency. This information includes the individual’s name, address, social security number, and account information, such as credit card balances, loan payments, and collections activity.

The credit reporting agencies then compile this information into a credit report, they then sell to lenders, employers, and other entities. Consumer credit reports typically include information about an individual’s credit accounts, such as credit cards, loans, and mortgages, as well as public records, such as bankruptcies and tax liens.

Credit reporting agencies use this information to calculate credit scores, which are numerical representations of an individual’s creditworthiness. Credit scores are based on factors such as payment history, amount of debt, length of credit history, and types of credit used.

Consumers have the right to access their credit reports from each of the three major credit reporting agencies (Equifax, Experian, and TransUnion) for free once per year. It’s important for individuals in understanding credit reporting to regularly review their credit reports to ensure their accuracy and to identify and dispute any errors. Understanding credit reporting requires at least a basic knowledge of the credit reporting process.

Inaccurate information on a credit report can negatively impact credit scores and financial opportunities, so it’s important for consumers to take steps to correct any errors and maintain accurate credit reports. This includes regularly reviewing credit reports, disputing errors with credit reporting agencies, and communicating with creditors and lenders to ensure accurate reporting of credit information.

What is a Credit Report?

Understanding credit reporting starts with the basics. A credit report is a document that contains information about an individual’s credit history and financial behavior. Credit reports are maintained by credit reporting agencies, also known as credit bureaus, which collect and report information from various sources, such as creditors, lenders, and public records.

Credit reports typically include personal identifying information, such as the individual’s name, address, and social security number, as well as information about credit accounts, such as credit cards, loans, and mortgages. This information may include the account balance, payment history, credit limit, and any collections activity.

Credit reports also include public records, such as bankruptcies, tax liens, and civil judgments, which can impact credit scores and financial opportunities. In addition, credit reports include inquiries, which are requests for credit information from lenders, employers, or other entities.

Lenders, employers, and other entities use credit reports use to make decisions about financial opportunities, such as loans, credit cards, and employment. They calculate credit scores, which are numerical representations of an individual’s creditworthiness, based on the information in credit reports.

Consumers have the right to access their credit reports from each of the three major credit reporting agencies (Equifax, Experian, and TransUnion) for free once per year. It’s important for individuals to regularly review their credit reports to ensure their accuracy and to identify and dispute any errors that may negatively impact their credit scores and financial opportunities.

Common Credit Reporting Errors in Understanding Credit Reporting

Credit reporting errors can have a significant impact on an individual’s credit scores and financial opportunities. One common error is incorrect personal information, such as name, address, or social security number. This can lead to confusion and inaccurate reporting, as well as potentially exposing the individual to identity theft.

Duplicate accounts are another common credit reporting error. Credit reports may list multiple accounts for the same credit card or loan, which can inflate the amount of debt owed and negatively impact credit scores. Inaccurate account information, such as incorrect balance or payment history, can also be a common error on credit reports. This can have a significant impact on credit scores and financial opportunities. Lenders and creditors have a clear understanding of credit reporting and they rely heavily on credit reports to make decisions about lending and creditworthiness.

Another common credit report error is listing closed accounts as open. This can make it appear as though an individual has more debt than they actually do. That throws off your credit to debt ratio which negatively impacts credit scores and financial opportunities.

Fraudulent accounts can also appear on credit reports. Identity thieves may open accounts in an individual’s name or take over existing accounts. That can negatively impact credit scores and lead to financial loss. It’s important for individuals to regularly review their credit reports to identify and dispute any fraudulent accounts. Use fraud alerts and credit freezes as needed to protect yourself from identity theft and credit fraud.

Finally, credit reports may contain inaccurate public records, such as bankruptcies or tax liens. These inaccuracies can negatively impact credit scores and financial opportunities.

There are other less common credit reporting errors to watch for as well. When reviewing your credit reports for mistakes, details matter.

Calculating Your Credit Score

Calculating credit scores uses complex algorithms that take into account various factors related to an individual’s credit history. The most commonly used credit score model is the FICO score, which ranges from 300 to 850.

The FICO score is calculated based on the following five factors:

Payment History

This factor represents 35% of the FICO score and considers whether an individual has made on-time payments, missed payments, or has any delinquencies or collections.

Credit Utilization

This factor represents 30% of the FICO score and considers the amount of credit an individual is using compared to their total available credit.

Length of Credit History

This factor represents 15% of the FICO score and considers how long an individual has had credit accounts open and the length of time since the most recent account activity.

Credit Mix

This factor represents 10% of the FICO score and considers the types of credit accounts an individual has, such as credit cards, auto loans, and mortgages.

New Credit

This factor represents 10% of the FICO score and considers the number of new credit accounts an individual has opened recently and the number of recent credit inquiries.

Other Scoring Models

Other credit scoring models may use different factors or weight the factors differently, but the general idea is the same. Credit scores are formulated based on an individual’s credit history and ability to manage credit responsibly.

It’s important to note that credit scores are not the only factor that lenders and creditors consider when making decisions about lending and creditworthiness. They also consider an individual’s income, employment history, and other factors that may impact their ability to repay debts. However, credit scores play a significant role in the lending and credit process and can impact an individual’s access to financial opportunities such as loans, credit cards, and mortgages.

Accessing Your Free Credit Report

Under the Fair Credit Reporting Act (FCRA), you are entitled to a free credit report every 12 months from each of the three major credit bureaus: Equifax, Experian, and TransUnion. To obtain your free credit report, you can visit AnnualCreditReport.com. This is the only official website authorized by the three credit bureaus to provide free credit reports to consumers.

Here are the steps to get your free credit report in more detail:

1. Visit AnnualCreditReport.com: This is the only website authorized by the credit bureaus to provide truly free credit reports. Don’t use any other website. Others claim to offer free credit reports but charge hidden fees or require you to sign up for credit monitoring services.
2. Enter your information: You’ll need to provide some personal information, including your name, address, date of birth, and Social Security number.
3. Choose which credit bureau report you want to view: You can choose to view reports from Equifax, Experian, or TransUnion, or you can choose to view all three reports.
4. Verify your identity: Verify your identity by answering questions about your credit accounts or previous addresses.
5. View your report: Once your identity is verified, you’ll be able to view your credit report online. Be sure to print or download a copy of your report for future reference.

Review Your Credit Report for Inaccurate Information

When reviewing your credit report, you should look for any errors or inaccuracies in the following areas:

1. Personal Information: Check your name, address, Social Security number, and date of birth to ensure they are accurate. Errors in this information can result in a mixed credit file or identity theft.
2. Accounts: Review all of the accounts listed on your credit report to ensure that they belong to you and that the balances, payment histories, and other information is accurate.
3. Inquiries: Look for any unauthorized inquiries on your credit report, which may indicate identity theft or fraud.
4. Public Records: Check for any bankruptcies, tax liens, or judgments that are listed on your credit report. Ensure that they are accurate and that they are resolved.
5. Credit Utilization: Review your credit card balances and credit limits to ensure that your credit utilization is reflecting accurately. High credit utilization can negatively impact your credit score.

How to Dispute Inaccurate Credit Report Information

The dispute process is a way for consumers to challenge any errors or inaccuracies on their credit reports. The Fair Credit Reporting Act (FCRA) governs the process for consumers to dispute any information they believe is incorrect, incomplete, or outdated.

Here are the steps to dispute an error on your credit report:

• Identify each error: Review your credit report and identify any errors or inaccuracies. Make a list of the items you wish to dispute.
• Include documentation: Collect any documentation that supports your dispute. This may include credit card statements, payment records, and other financial documents.
• Submit a dispute: Only submit your dispute by mail. Other websites will tell you to submit online or by phone but that is 100% wrong. Never dispute credit reports online or by phone. Only dispute credit reports by mail.
• Credit bureau investigation: Once the credit bureau receives your dispute, they are required to investigate the information within 30 days. They will contact the creditor that reported the information and ask them to verify the accuracy of the information.
• Resolution: If the information is found to be inaccurate or incomplete, the credit bureau will correct or remove the information from your credit report. They will also provide you with a free copy of your updated credit report.
• Notify creditors: If the dispute is resolved in your favor, the credit bureau will notify any creditors that may have received the inaccurate information.

It’s important to note that the dispute process can take time, and there is no guarantee that the credit bureau will find in your favor. However, it’s still worth disputing any errors you find on your credit report, as correcting inaccuracies can have a positive impact on your credit score.

Sample Credit Report Dispute Letter

Here is a sample credit report dispute letter you can use to challenge credit report errors:

Fair Debt Collection Practices Act Debt Validation Letter

A validation letter is a written request to a creditor or collection agency to validate a debt that they claim you owe. This letter can be used as part of the credit repair process, as it allows you to verify the accuracy of the debt and ensure that you are not being charged for something that is not your responsibility.

To write an FDCPA validation letter, follow these steps:

1. Address the letter to the collection agency or creditor that is reporting the debt.
2. Identify yourself by providing your name, address, and account number, if applicable.
3. Request validation of the debt, stating that you dispute its accuracy and want to ensure that you are being charged for a debt that you actually owe.
4. Specify the information you are requesting, such as the original creditor’s name, the amount owed, and the date of the last payment.
5. Include a statement that you are aware of your rights under the Fair Debt Collection Practices Act (FDCPA) and that you expect the collection agency or creditor to comply with its requirements.
6. Request that the collection agency or creditor cease collection activities until the debt is validated.
7. Close the letter with your signature and date.

Sample Debt Validation Letter

Here is an example of a validation letter:

Creditor Dispute Letters

A credit repair creditor dispute is a process of challenging negative information on your credit report directly with the creditor who provided the information. This can be an effective way to remove negative items from your credit report but is generally inferior to disputing with the credit bureaus.

The reason credit repair creditor dispute letters are inferior is because the creditor has no duty to investigate your dispute. They also have no liability under the Fair Credit Reporting Act unless and until you dispute with the credit reporting agencies, such as TransUnion, Experian, and Equifax. Only when you dispute with the credit reporting agencies can you then sue the creditor for failing to investigate.

Sample Creditor Dispute Letter

To start a creditor dispute, follow these steps:

1. Review your credit report to identify the negative items you wish to dispute.
2. Write a letter to the creditor, outlining the information that you wish to dispute and the reasons why you believe it is inaccurate. Include any supporting documentation that you have, such as receipts, canceled checks, or other evidence.
3. Send the letter to the creditor via certified mail. This will provide you with proof that the creditor received the letter. Keep a PDF copy of the letter as well. It is not sufficient evidence in court to simply have the original draft on file.
4. Wait for the creditor to respond. They are will typically investigate the dispute and provide a response within 30 days.
5. If the creditor agrees that the information is inaccurate, they must contact the credit bureaus and request that the information be removed from your credit report.
6. If the creditor does not agree with your dispute, they should provide evidence to support their position. If they cannot provide evidence, or if you can prove that the information is inaccurate, you can escalate the dispute to the credit bureaus.
7. If the creditor fails to respond within the 30-day period, or if they fail to provide evidence to support their position, you can request that the negative item be removed from your credit report.

It is important to note that a creditor dispute is not a guaranteed way to remove negative items from your credit report, but it can be an effective tool for challenging inaccurate information. Be persistent and keep records of all correspondence, as this can be helpful if you need to escalate the dispute to the credit bureaus.

Identity Theft Credit Repair

If you are a victim of identity theft, it can be particularly challenging to repair your credit. Here are some steps you can take to repair your credit after identity theft:

1. Place a fraud alert or credit freeze: Contact one of the three major credit bureaus (Equifax, Experian, or TransUnion) to place a fraud alert or credit freeze on your credit report. This will prevent anyone from opening new credit accounts in your name without your permission.
2. File a report with the Federal Trade Commission (FTC): Visit the FTC’s website to file an identity theft report. This report will be important to dispute fraudulent accounts with creditors or if you need to work with law enforcement to investigate the crime.
3. Dispute fraudulent accounts with creditors: Contact the creditors of any fraudulent accounts that appear on your credit report and let them know that the accounts are not yours. Provide them a copy of your identity theft report and ask them to close the accounts and remove them from your credit report.
4. Monitor your credit report: Keep an eye on your credit report for other fraudulent activity. You can obtain a free credit report from each of the three major credit bureaus once per year at AnnualCreditReport.com. Consider signing up for a credit monitoring service to receive alerts if there is any unusual activity on your credit report.
5. Work with a credit repair attorney: A true credit attorney can help you navigate the dispute process and work with creditors on your behalf to remove fraudulent accounts from your credit report.

Remember, repairing your credit after identity theft takes time and patience. Be diligent in monitoring your credit report and understanding credit reporting. Also, take immediate action if you notice any fraudulent activity.

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11 Word Phrase to Stop Debt Collections

Many online sources make the claim that there exists a miraculous 11-word phrase that can halt debt collection efforts. However, this assertion is inaccurate. There is no magic phrase to stop debt collectors. Various individuals and marketing entities propagate this 11 word phrase myth to sell books and advertisements.

In reality, there is no secret phrase that can stop debt collectors from pursuing unpaid debts. The 11 word phrase only stops them from communicating to collect the debt. It does not stop any credit reporting or collection of the debt.

Pay for Delete Letter

A pay for delete letter is a letter sent to a creditor or collection agency offering to pay a debt in full in exchange for removing the negative item from the credit report. Paying off the debt and having the negative item removed from the credit report, usually improves the consumer’s credit score.

However, it is important to note that pay for delete agreements are not always honored by creditors or collection agencies. Additionally, some creditors or collection agencies may refuse to enter into such agreements due to ethical or legal concerns. It is important to carefully review and negotiate any pay for delete agreement and to ensure that all agreements are in writing and properly documented.

It is also important to note that some credit reporting agencies have rules against the practice of pay for delete, and may penalize credit reporting agencies and creditors who engage in it. Therefore, it is important to thoroughly research and understand the potential risks and benefits of pay for delete agreements before attempting to negotiate one.

Pay for delete letters are also very bad if you are anywhere near the statute of limitations or don’t actually owe the debt. The reason is because by acknowledging the debt in writing or promising to pay resets the statute of limitations and proves you owe the debt. You are still accountable even if you didn’t actually owe the debt if you acknowledge the debt in writing.

Pay for delete letters are very risky. We highly recommend consulting with a true credit repair litigation attorney before sending a pay for delete letter. Even on smaller debts pay for delete letters can create serious problems that should be avoided without legal counsel to guide you.   

The 609 Credit Repair Method

The “609 Credit Repair” method is an unethical credit repair strategy promoted by some credit repair companies and individuals. This method is based on the notion that credit reporting agencies are required by law to remove negative items from a credit report if the consumer disputes them and the creditor or credit bureau cannot verify them within 30 days.

However, this claim is false, as there is no provision in the Fair Credit Reporting Act (FCRA) or any other law that requires credit reporting agencies to remove negative items from a credit report if they are accurate. The FCRA only requires that credit reporting agencies investigate disputes within 30 days and remove items that are inaccurate, incomplete, or unverifiable.

Therefore, the 609 Credit Repair method is not a legitimate or effective strategy for repairing your credit. Instead, focus on improving your credit score by using legitimate methods, such as paying your bills on time, reducing your credit utilization, and disputing errors on your credit report.

Strategies to Improve Credit Scores

There are several strategies imperative to understanding credit reporting that you can use to improve your credit score:

Pay your bills on time

Payment history is one of the most important factors in determining your credit score, so make sure to pay all of your bills on time. Late payments can stay on your credit report for up to seven years and can have a significant negative impact on your credit score.

Reduce your credit utilization

Your credit utilization ratio is the amount of credit you’re using compared to your credit limit. A high credit utilization ratio can negatively impact your credit score. To improve your credit score, try to keep your credit utilization ratio below 30% and pay down your balances as much as possible.

Check your credit report for errors

Review your credit report for errors, such as incorrect account information, incorrect balances, or fraudulent accounts. Dispute any errors you find and have them removed from your credit report.

Avoid opening too many new accounts

When you open new credit accounts, it can lower the average age of your credit history and negatively impact your credit score. Avoid opening too many new accounts in a short period of time.

Keep old accounts open

Closing old credit accounts can also lower the average age of your credit history and negatively impact your credit score. Keep old accounts open, even if you’re not using them, to maintain a longer credit history.

Consider a secured credit card

If you’re trying to build or rebuild your credit, consider getting a secured credit card. These cards require a security deposit, but they can help you establish a positive payment history and improve your credit score over time.

Monitor your credit regularly

Keep an eye on your credit score and credit report regularly to ensure that everything is accurate and up-to-date. This will help you in understanding credit reporting and catching any errors or fraudulent activity early and take action to correct it.

Negotiate with creditors to remove negative information from credit reports

Negotiating with creditors to remove negative information from your credit report can be a bit more challenging than simply disputing errors. It is often worth the effort however if you’re able to successfully convince your creditors to remove negative items from your credit report.

To negotiate with a creditor, start by contacting them and explaining your situation. If you’re struggling to make payments or have had a financial hardship, be sure to mention this and explain how it has affected your ability to pay.

Next, ask the creditor if they would be willing to remove the negative information from your credit report in exchange for payment or other concessions. Actively negotiate and offer a compromise that works for both you and the creditor.

Once the creditor agrees to remove the negative information, get their agreement in writing and follow up to make sure the information is actually removed from your credit report. This is important. If they won’t give you a written promise to delete the credit report information assume they won’t delete it.

Not all creditors will be willing to negotiate. Even if they do there is no guarantee that they’ll agree to remove the negative information from your credit report. However, if you’re persistent and able to present a compelling case, you may be able to successfully negotiate with your creditors and improve your credit score. This is an important part of understanding credit reporting.

Final tips for improving and maintaining good credit and understanding credit reporting

Maintaining a good credit score is an ongoing process that requires diligence and attention to detail. Here are some final tips for keeping your credit score in good standing:

1. Pay your bills on time: Late payments can have a significant impact on your credit score, so make sure to pay all bills on time.
2. Keep your credit utilization low: High credit utilization, or the amount of credit you’re using compared to your available credit, can lower your credit score. Aim to keep your credit utilization below 30%. Keeping below 10% is even better.
3. Monitor your credit report regularly: Check your credit report regularly for errors or fraudulent activity, and dispute any inaccuracies promptly.
4. Keep old accounts open: Closing old credit accounts can lower your credit score, so keep them open if possible.
5. Limit new credit applications: Applying for new credit can lower your credit score, so only apply for credit when necessary.
6. Use credit wisely: Avoid overspending on credit cards or taking on too much debt, as this can negatively impact your credit score.

By following these tips and maintaining responsible credit habits, you can keep your credit score in good standing and improve your financial well-being over time.

Final thoughts about understanding credit reporting

Understanding credit reporting is easier than most think. Stick with the basics. Dispute credit report errors with the credit bureaus by mail for your best results. Avoid credit repair companies and marketing scams. Hire only true credit repair litigation attorneys when you need extra help.

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How to Answer a Credit Card Lawsuit: A Step-by-Step Guide 26 Apr 2023, 9:29 am

Credit card lawsuits are a common occurrence in the world of consumer finance. If you’ve been served with a lawsuit by your credit card company, it’s important to respond promptly and appropriately. If the credit card company hired a debt collection agency the same is still true. Failure to respond can result in a default judgment. That leads to wage garnishment, bank account levies, and other legal collection methods. In this article, we’ll explain what credit card lawsuits are, why they’re filed, and how to respond to them effectively.

Understanding Credit Card Lawsuits

Credit card lawsuits are civil lawsuits filed by credit card companies against consumers who owe money on their credit card accounts. The credit card company is the plaintiff in the lawsuit, and the consumer is the defendant. Credit card companies file lawsuits for a variety of reasons, including non-payment, exceeding credit limits, and other violations of the credit card agreement.

When a credit card lawsuit is filed, the defendant is served with a summons and complaint. The summons is a legal document that informs the defendant that they are being sued and provides instructions for responding to the lawsuit. The complaint is a legal document that outlines the credit card company’s allegations against the defendant.

Consequences of Ignoring a Credit Card Lawsuit

Ignoring a credit card lawsuit is a terrible idea in most cases. If you fail to respond to the lawsuit, the credit card company can obtain a default judgment against you. A default judgment means that the court has ruled in favor of the plaintiff because you did not respond to the lawsuit. Once a default judgment has been obtained, the credit card company can take additional legal action to collect the debt, including wage garnishment, bank account levies, and property liens.

In Utah, most default judgments are collected by using wage garnishments. Some collection agencies and credit card companies also seize bank accounts and have the constables take your personal assets to sell at auction. These are serious enough consequences to answer the credit card lawsuit with care.  

Reviewing the Lawsuit

If you’ve been served with a credit card lawsuit, the first step is to review the lawsuit carefully. It’s important to understand the allegations against you and the deadline for responding to the lawsuit. You may want to seek legal advice to help you understand the legal process and your options.

The summons and complaint are the two most important documents in the lawsuit. The summons will include important information such as the deadline for responding to the lawsuit, the court in which the lawsuit was filed, and the name and address of the plaintiff’s attorney. The complaint will include information about the credit card account, the amount owed, and the reasons why the credit card company is suing you.

Preparing Your Response

Once you’ve reviewed the lawsuit and understand the allegations against you, it’s time to prepare your response. There are several options for responding to a credit card lawsuit, including:

• Filing a motion to dismiss
• Filing an answer
• Filing a motion for summary judgment
• Negotiating a settlement
• Do nothing and let the court enter a default judgment

Filing a Motion to Dismiss

A motion to dismiss asks the court to dismiss the lawsuit without adjudicating it. You can file a motion to dismiss for various reasons. For example, if the credit card company has filed the lawsuit after the statute of limitations has expired, you may be able to file a motion to dismiss.

In addition to the statute of limitations, there are several other reasons why dismissal of a credit card lawsuit might be appropriate. Some common reasons include:

1. Lack of standing: The plaintiff may not have standing to sue you for the debt if they cannot prove that they are the rightful owner of the debt.
2. Improper service: The plaintiff must follow specific rules for serving you with a copy of the lawsuit. If the plaintiff did not follow these rules, you may be able to request a dismissal.
3. Lack of jurisdiction: The court must have jurisdiction over the parties and the subject matter of the lawsuit. If the court does not have jurisdiction, you may be able to request a dismissal.
4. Failure to state a claim: The plaintiff must allege sufficient facts in the lawsuit to support a legal claim against you. If the plaintiff fails to state a claim, you may be able to request a dismissal.
5. Statute of Limitations: If the statute of limitations has expired your case should be dismissed.

The specific rules for requesting a dismissal may vary depending on your state and the court where the lawsuit is filed. Therefore, it’s important to consult with a lawyer or seek legal advice to determine the best strategy for responding to the lawsuit.

Filing an Answer

Filing an answer is the most common way to answer a credit card lawsuit. It is not always the best but is most common. An answer is a legal document that responds to the allegations in the complaint. The answer should include a denial or admission of each allegation in the complaint, along with any affirmative defenses you may have. Affirmative defenses are legal arguments that may excuse or mitigate your liability for the debt.

When preparing your answer, it’s important to follow the court rules and procedures. You may want to seek legal advice to help you prepare your answer and ensure that it complies with the court’s requirements.

Negotiating a Settlement

Negotiating a settlement is another option for responding to a credit card lawsuit. If you are unable to pay the full amount owed, you may be able to negotiate a settlement or payment plan with the credit card company. A settlement is an agreement between you and the credit card company in which you agree to pay a reduced amount to satisfy the debt. Some credit card companies will take monthly payments while others will want a lump sum.

Doing Nothing

In some very rare cases doing nothing and letting the court enter a default judgment is an appropriate plan. I cannot stress enough that this is not appropriate for most cases. In most case you should answer a credit card lawsuit. This is because a default judgment means that you did not respond to the lawsuit, and as a result, the plaintiff automatically wins the case. This can lead to serious consequences, such as wage garnishment, property liens, and damage to your credit score. Allowing a default judgment can have long-term consequences, such as making it more difficult to obtain credit or secure employment. Therefore, it’s important to carefully consider all of your options and seek legal advice if you’re unsure about how to proceed.

Filing for Bankruptcy

Filing for bankruptcy can be a good option for answering a credit card lawsuit in certain situations. For example, if you are facing overwhelming debt and cannot afford to pay the debt owed to the creditor who filed the lawsuit, bankruptcy may be a good option. Filing for bankruptcy can discharge certain debts and provide relief from creditor harassment and legal action.

Filing for bankruptcy also provides you protection from wage garnishment and other collection actions. Bankruptcy law provides an automatic stay that temporarily stops these actions.

Bankruptcy can provide an opportunity for a fresh start financially. It can help you eliminate or restructure certain debts, allowing you to start over and rebuild your credit.

Despite the benefits, filing for bankruptcy is a serious decision that should not be taken lightly. Bankruptcy can have long-lasting consequences on your credit and financial future, and it may not be the best option for everyone. It’s important to consult with an attorney or financial advisor to understand your options and the potential consequences of filing for bankruptcy.

Responding to the Lawsuit

Once you’ve decided how to answer a credit card lawsuit, it’s time to take action. If you choose to file a motion to dismiss you must do so before the deadline stated in the summons and follow the court’s procedures for filing the motion. This must also be done before you file any answer. Some websites incorrectly advise you that you file your answer before the motion to dismiss but that is categorically wrong. You must file a motion to dismiss before you file any answer.

If you choose to file an answer, you must do so before the deadline stated in the summons. You must also serve a copy of your answer on the plaintiff’s attorney. This is important. Your answer is not properly filed until filed with the court and serve it on the plaintiff’s attorney.  

Possible Outcomes

After you answer a credit card lawsuit, there are several possible outcomes:

• The case may be dismissed if the credit card company does not have a valid legal claim against you.
• The case may go to trial if the credit card company disputes your response.
• You may be able to negotiate a settlement with the credit card company.
• The court may grant a default judgment if you fail to respond to the lawsuit.

It’s important to understand that every case is different. The outcome will depend on the specific facts and circumstances of your case.

Conclusion

If you’ve been served with a credit card lawsuit, it’s important to respond promptly and appropriately. Ignoring the lawsuit can result in serious legal consequences, including wage garnishment and property liens. By reviewing the lawsuit carefully, seeking legal advice if necessary, and responding to the lawsuit in the appropriate manner, you can protect your legal rights and potentially resolve the debt on favorable terms. Remember to always follow court rules and procedures and seek legal advice if you’re unsure about how to proceed.

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Debt Collection Calls to Third Parties and Employers 22 Apr 2023, 10:16 am

Debt collection can be a stressful experience. It is less stressful when you know your rights as a consumer when dealing with debt collectors. In particular, debt collectors are not allowed to call third parties, family members, neighbors, co-workers, or your employer to collect a debt. They can call these third parties for other reasons but those reasons are strictly limited by law. Here is what you need to know about debt collection calls to third parties, family, co-worker’s neighbors, and employers.

Debt collection agencies can contact your family, friends, employer, and other third parties one time to obtain your contact information. They cannot disclose the existence of the debt or discuss the debt.  

Debt Collection Calls to Third Parties

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are not allowed to disclose details about a debt to anyone other than the consumer who owes the debt, their spouse, or their attorney. This means that debt collectors cannot call your friends, family members, neighbors, co-workers, employer, or anyone else to discuss your debt.

However, debt collectors are allowed to contact third parties for the purpose of obtaining your contact information, such as your phone number or address. They are also allowed to contact your employer to verify your employment. They may also contact you at work.

These calls are strictly limited however. If a debt collector contacts a third party, they must identify themselves and state that they are only seeking to obtain your contact information. They are not allowed to disclose that they are attempting to collect on a debt. They also have to stop calling at work once they know your employer doesn’t allow personal calls.

If you are wondering how many times can a debt collector contact a third party, the answer is once. This is worth repeating. Debt collectors may only contact third parties one time. Additional calls to the same family member, friend, co-worker, employer, or other third party are strictly prohibited.

Debt Collection Calls to Employers

Collection agencies may call your employer for very limited purposes. They are allowed to contact your employer to verify your employment or to contact you at work if they do not have your personal contact information. Even so, debt collectors are not allowed to disclose details about a debt to your employer.

If a debt collector contacts your employer, they must identify themselves and state that they are only seeking to verify your employment or obtain your contact information. They are not allowed to disclose that they are attempting to collect on a debt. Again, this is a one-time call. More than one call to verify your employment violates the FDCPA.

What to Do If a Debt Collector Contacts Third Parties or Your Employer

If you face any debt collection calls to third parties or your employer in an attempt to collect on a debt, contact us immediately. They have likely violated your privacy and other legal rights. We can stop the debt collection calls to third parties. We can also make the debt collector pay you.  

To stop the calls you can also send a written letter to the debt collector requesting that they stop contacting others about the debt. Collection agencies are required to comply with your request to cease and desist calling. You also have the right to dispute the debt and request that the debt collector stop contacting you about the debt. Debt collectors simply have no choice but to comply with your request to stop debt collection calls to third parties.

If you are represented by an attorney, provide the collection agency with his name and contact information to stop the calls. If you don’t have an attorney, contact us. We will stop the collection calls on day one.

If a debt collector continues to contact third parties or your employer after you have requested that they stop, they may be in violation of the FDCPA. If that occurs in your case call us immediately.

Can I Send a Cease and Desist Letter?

If you want to send a cease and desist letter to a debt collector, there are several things to keep in mind:

1. Be clear and concise: The letter should clearly state you are requesting the debt collector to cease all communication with you, your employer, and your family members.
2. Keep a copy of the letter: Make sure to keep a copy of the letter and any other correspondence you send or receive from the debt collector.
3. Send the letter via certified mail: This will provide proof that the debt collector received the letter.
4. Don’t agree to pay the debt: Do not acknowledge the debt or agree to pay it. Doing so can restart the statute of limitations and will be used against you later.
5. Know your rights: Be aware of your rights under the Fair Debt Collection Practices Act (FDCPA) and other consumer protection laws. Debt collectors are required to follow certain rules when attempting to collect a debt, and it’s important to know what they can and cannot do.
6. Consider consulting with an attorney: If you are unsure about how to proceed or if you have concerns about your rights, consider consulting with an attorney who specializes in debt collection law.

Remember that sending a cease and desist letter does not make the debt go away. If you owe the debt, you may still be responsible for paying it. You may need to work out a payment plan or negotiate a settlement with the creditor to resolve the debt. This is another reason to engage competent legal counsel before making any decisions. Sending a cease and desist letter to stop debt collection calls to third parties or your employer can be tricky. Legal options may be a better way to go.

Conclusion

Debt collectors are not allowed to place debt collection calls to third parties or your employer to collect on a debt. They can call to obtain your contact information or verify your employment. If a debt collector contacts a third party, family member, or your employer, they must identify themselves and state that they are only seeking to obtain your contact information or verify your employment. They cannot disclose the existence of the debt.  

If you believe that a debt collector is violating your rights you have options. You can dispute the debt or request they stop contacting you or anyone else about the debt. You also have the right to monetary damages against the offending collection agency. Contact us today if you have any questions about stopping debt collection calls to third parties or your employer.

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11 Word Phrase to Stop Debt Collectors 18 Apr 2023, 8:00 pm

Numerous websites claim there is a magic 11 word phrase to stop debt collectors from collecting debts. That is false. The notion of an 11 word phrase to stop debt collectors is pretty much an Internet myth. It was created and perpetuated by individuals and marketing companies to sell advertisements and books. The truth is that there are no magic words to stop a debt collector from collecting the debt.  

In case you are wondering what the 11 word phrase to stop debt collectors is supposed to be its “Please cease and desist all calls and contact with me immediately.”

Why doesn’t the 11 word phrase actually stop debt collectors?

The answer to why the 11 word phrase doesn’t stop collection actions should be obvious. Debt collectors are entitled by law to collect the debt. If you could simply utter some magic words to stop them they would never be able to collect. The law simply does not work that way. If all you want to do is stop collection calls, emails, texts, or letters the 11 word magic phrase should actually work. It just won’t stop the actual collection process.

Keep reading for examples of how to use true magic words to completely stop debt collection contacts. Just keep in mind that even those magic words will only stop communications. Lawsuits are another matter altogether.

Remember, verbally telling the collection agency to stop calling does nothing. Using the 11 word magic phrase should stop all collection calls but only when communicated to the collector in writing.

Why is the 11 word phrase to stop debt collectors myth still alive?

This one is easy. As long as people keep searching for the phrase it will keep coming up on pages trying to sell you services and show you advertisements. in other words, instead of helping you stop debt collectors those websites are using you and actually hurting your true chance of stopping the debt collection.

Where the 11 word phrase to stop debt collectors came from?

The start of the 11 word phrase to stop debt collectors came from John Ulzheimer who was promoting the book “Credit Secrets” on the Larry King Show. Ulzheimer actually lied and said the 11 word phrase to stop debt collectors was found in the book when it wasn’t. it was just a marketing ploy to sell more books. See the pattern yet?

Once the 11 word phrase to stop debt collectors was mentioned on television the blog writers took it from there. No one seemed to care that it was not just fake news but harmful to consumers.

You have rights under the Fair Debt Collection Practices Act

Under the Fair Debt Collection Practices Act (FDCPA), consumers have several rights when dealing with debt collectors. Some of these rights include:

1. The right to be treated with respect and fairness: Debt collectors are prohibited from using abusive language or harassment, making false statements, or engaging in other unfair or deceptive practices.
2. The right to accurate information: Debt collectors must provide accurate information about the debt being collected, including the amount owed and the name of the original creditor.
3. The right to dispute the debt: If you dispute a debt, the debt collector must cease collection activities until they have verified the debt and provided you with written proof of the debt.
4. The right to control how and when debt collectors contact you: Debt collectors must respect your preferred methods of communication and cannot contact you at inconvenient times or places.
5. The right to request that the debt collector stop contacting you: If you request that the debt collector stop contacting you, they must comply with your request (with a few exceptions, such as to notify you of a lawsuit).
6. The right to sue a debt collector: If a debt collector violates the FDCPA, you have the right to sue them in state or federal court for damages and attorney’s fees.

It is important to note that these rights apply only to third-party debt collectors (i.e., companies that collect debts on behalf of others), not to original creditors who are collecting their own debts.

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How to actually stop debt collection communications

Under the FDCPA, you have the right to request that a debt collector stop contacting you. This is sort of where the 11 word phrase to stop debt collectors came from. To exercise this right, you must send a written request to the debt collector stating that you wish to cease all communications. After receiving this request, the debt collector must stop contacting you. It may only contact you once after that letter to confirm receipt of the request or to inform you of any further action they plan to take.

Caution: Even when you send the cease communication letter or a letter containing the 11 word phrase to stop debt collectors the debt collection agency can still sue you for the debt. And many will sue. The cease communication letter or 11 word phrase to stop debt collectors do not under any circumstances erase the debt or prevent credit reporting of the debt.

Top 6 ways to stop debt collectors from contacting you

There are ways to stop collection agencies from contacting you. Control over the matter is yours and only yours. You can stop all communications or pick and choose if you want to stop collection phone calls but not letters. Or you can stop text messages but allow phone calls. It really is up to you.

True magic words to stop all debt collection communications

The 11 word phrase to stop debt collectors does not stop collection calls, letters, text messages, or other communications. However, here are a few examples of actual magic words that will stop all collection communications in their tracks.

“I hired a lawyer. His name is _____ and his phone number is ______.”

“I filed bankruptcy. My lawyer’s name is _____ and his phone number is ______.”

Those two examples of magic words to stop debt collection communications work over the phone, by text, or in written correspondence. The debt collectors must never contact you again to collect the debt when you say these magic words.  

If you are making your cease and desist request in writing as we recommend, you can also add these additional magic words:

“I refuse to pay the debt.”

“Stop contacting me.”

“All telephone calls and other communications are inconvenient and unwelcome. Do not contact me ever again for any reason.”

Just keep in mind that merely stopping the collection communications does not stop debt collectors from suing you to collect the debt. Additional tools are needed to properly defend against debt collection lawsuits. Also, when you tell a collector it can no longer communicate with you, its last resort is to sue you. By cutting off communications you may actually trigger a lawsuit.

Conclusion

Dealing with debt collectors can be stressful, but it’s important to remember that you have rights. By following these tips and staying informed about your rights, you can protect yourself from harassment and abuse.

Although there is no magic 11 word phrase, there are things you can do to stop collection communications. The best way is to hire an attorney. Whether to simply stop the collection, sue the debt collector, or file bankruptcy, hiring an attorney is the best way to stop collection calls and letters.

You can also send a cease and desist letter but that is more likely to get you sued that hiring a lawyer to help.

Stopping collection letters and calls is more complicated than simply uttering 11 magic words. You can stop debt collectors from calling you or communicating with you but stopping communications can get you sued so proceed carefully. The last thing you want to do is follow advice from the Internet that gets you sued when there were better ways to stop the collection.

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Utah Writ of Execution: What You Need to Know 10 Apr 2023, 9:21 am

One of the most powerful tools used by debt collectors is a writ of execution. A writ of execution is a court order that allows creditors to seize property or money from the judgment debtor. In this article, we’ll explain what writs of execution are, how they work, and what you need to know to effectively stop them from taking everything you own.

What is a Writ of Execution?

A writ of execution is a court order that directs a sheriff, constable, or other law enforcement officer to seize property or money from the judgment debtor. The purpose of the writ is to satisfy a judgment that has been entered against the debtor. Once the property or money has been seized, it is typically sold at auction and the proceeds are used to pay off the judgment.

How Do Writs of Execution Work in Utah?

In Utah, a writ of execution is typically issued by the court clerk after a judgment has been entered against the debtor. The writ is then delivered to the sheriff, constable, or other law enforcement officer, who is responsible for enforcing it. The officer will typically visit the debtor’s property and seize any non-exempt assets that can be sold to satisfy the judgment. The proceeds of the sale will pay the costs of the sale first and then to pay the creditor. Any remaining money will be paid to the debtor. 

What Types of Property Can Be Seized in Utah?

Under Utah law, certain types of property are exempt from seizure under a writ of execution. These include:

• The debtor’s primary residence, up to a certain value
• One vehicle, up to a certain value
• Some household appliances such as clothes washer and dryer, refrigerator, freezer, stove, microwave oven, and a sewing machine
• Certain types of personal property, such as clothing, household furnishings, some firearms, bedding, and tools of the trade
• Certain types of income, such as social security benefits, disability benefits, and child support payments

It’s important to note that exemptions can vary depending on the circumstances of the case, so it’s always best to consult with an attorney if you’re unsure about what property can be seized.

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Specificity is Required

A writ of execution needs to be specific enough to identify the property that is to be seized by the sheriff or constable. The writ must identify the debtor, the amount of the judgment, and the property to be seized with sufficient specificity so that the sheriff or constable can locate and seize the property without confusion or mistake.

The description of the property to be seized must be accurate and complete, so that there is no ambiguity as to which property is to be taken. In cases where the description of the property is vague or unclear, the sheriff or constable may be required to obtain a new writ or seek clarification from the court before proceeding with the seizure.

Claiming an Exemption

If you believe that the property being seized is exempt from execution under Utah law, you must claim the exemption in writing and file it with the court and the sheriff within 10 days after service of the Writ of Execution. This request is called a Reply and Request for Hearing. A blank Reply and Request for hearing should have been served to you with the writ of execution.

The claim of exemption must specify the basis for the exemption and provide evidence to support the claim. Utah law provides for various exemptions, such as exemptions for certain types of personal property, retirement accounts, and homesteads.

If the claim of exemption is filed timely, the sheriff or constable must release the property unless the creditor files a motion to challenge the exemption. In that case, the court will hold a hearing to determine whether the property is exempt from execution.

It’s important to note that failure to claim an exemption within the time period specified by law may result in a waiver of the exemption. If you have any questions about claiming an exemption, you should consult with an attorney.

Ownership Interests

The creditor may only seize property that the judgment debtor owns. If the creditor suspects that someone other than the debtor has an interest in the property, the creditor should identify that person and serve him or her with a copy of the Writ of Execution and other relevant papers.

If you are in possession of someone else’s property that might get mixed up with your property during the execution be sure to inform the constable or sheriff what property is not yours. The constable cannot take someone else’s property if you have no ownership interest in that property.

The other person may need to file notice with the court to stop the writ of execution as it pertains to their property held in your possession. Do not delay if this happens in your case. You only have 14 days to file the Reply and Request for Hearing to claim exemptions or assert third party ownership interests.

Debtor’s Preference

In Utah, debtors have the right to specify a preference about which property is taken first to satisfy a judgment if there is more property than necessary to satisfy the amount due. Do not simply let the constable take whatever he wants. If you have any preferences on what is taken first assert your right to choose.

Seized Items must be Inventoried

Within 14 days after service of the writ of execution, the officer is required to return the writ of execution to the court with proof of service. If property has been seized, the officer must include a detailed inventory of the property and whether the property is held by the officer or the officer’s designee.

Is There a Homestead Exemption in Utah?

In Utah, real property is partially protected by the homestead exemption. The amount of the homestead exemption in Utah is $42,000.00 per person if the property is your primary personal residence. If the property is not your primary personal residence the homestead exemption is only $5,000.00 per person.

The Utah homestead exemption also protects the proceeds from the sale of your primary personal residence for up to one year after the sale. This protects the proceeds of the sale of your home so you can use those proceeds to purchase a new place to live.

How Do I Claim the Protections of the Utah Homestead Exemptions Act

To preserve your rights under the Utah Homestead Exemptions Act you must file a declaration of homestead with the court and serve a copy on the Plaintiff’s attorney.

Does the Utah Homestead Exemption Apply to Mobile Homes?

A mobile home that is your primary personal residence is absolutely protected by the Utah homestead exemption to the same degree as any fixed real estate. That means your mobile home qualifies for a $42,000.00 per person exemption as long as it is your primary personal residence. Again, the proceeds from the sale of your mobile home also continue to be protected under the homestead exemption for one year after the sale.

Conclusion

If a debtor fails to pay a valid judgment a writ of execution may be an effective tool for collecting on that judgment. However, it’s important to understand how the process works and what types of property can be seized. Consulting with an attorney can help ensure that any writs that affect your rights fall within the bounds of the law.

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Workers Compensation Medical Debt Collection 3 Apr 2023, 9:50 am

Injured workers are generally protected from debt collections of medical debts that occur at work. This is true under Utah law and the federal Fair Debt Collection Practices Act. In many cases you do not have to be victim to workers compensation medical debt collection practices.

What is the Utah Workers Compensation Act?

The Utah Workers Compensation Act is a state law that provides benefits to employees who are injured or become ill as a result of their employment. The law requires most Utah employers to carry workers’ compensation insurance, which covers medical expenses, lost wages, and other related costs for injured workers.

Under the Act, employees who are injured on the job or develop an occupational disease are generally entitled to benefits without having to prove fault or negligence on the part of the employer. This means that even if an employee’s own negligence contributed to the injury, the employee may still be entitled to benefits.

The Act also provides benefits for dependents of employees who are killed on the job. These benefits may include compensation for funeral expenses, lost income, and other related costs.

To be eligible for workers’ compensation benefits under the Act, the injured employee must notify their employer of the injury within 180 days of the date of the injury, and file a claim with the Utah Labor Commission within one year of the date of the injury.

While the Act generally provides benefits for injured workers, there are certain exceptions and limitations that may apply. For example, benefits may be reduced or denied if the employee was under the influence of drugs or alcohol at the time of the injury, or if the injury was caused by the employee’s intentional misconduct.

Overall, the Utah Workers Compensation Act provides an important safety net for workers who are injured or become ill on the job, and helps to ensure that they receive the medical care and financial support they need to recover and return to work.

Can debt collectors attempt to collect work-related medical bills?

Under Utah law, medical bills related to a workers’ compensation injury or illness are generally the responsibility of the employer or its insurance carrier, and not the injured employee. As a result, third-party debt collectors are typically prohibited from collecting medical debts related to workers’ compensation injuries or illnesses from injured employees.

If a debt collector attempts to collect medical bills for work-related injuries, the injured employee may be able to dispute the debt and provide evidence that the medical bills were related to a work-related injury or illness. The injured employee may also have a claim under state or federal law.

Does the Fair Debt Collection Practices Act protect workers compensation medical debt?

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in certain abusive, deceptive, or unfair practices when attempting to collect debts from consumers. If a debt collector attempts to collect a workers’ compensation medical debt in violation of the FDCPA, the injured employee may have legal recourse and may be able to take legal action against the debt collector.

What FDCPA violations occur when a debt collector collects workers compensation medical debt ?

Specific sections of the FDCPA that may be violated by a debt collector attempting to collect a workers’ compensation medical debt include:

1. Collecting an amount that is not authorized by an agreement or permitted by law is strictly prohibited by the FDCPA. Since medical debts that should be paid by the workers compensation fund or the employer are not the employees responsibility, it may violate the FDCPA to collect these amounts from the employee.
2. The FDCPA prohibits debt collectors from falsely representing the character, amount, or legal status of a debt. If a debt collector falsely represents that an injured employee is responsible for a medical debt related to a work-related injury, this may be a violation of this section of the FDCPA.
3. The FDCPA also prohibits debt collectors from falsely representing that a debt is subject to legal action, such as a lawsuit, when legal action is not actually planned or allowed by law. If a debt collector falsely represents that an injured employee’s workers’ compensation medical debt is subject to legal action, this may be a violation of this section of the FDCPA. Actually suing for a workers compensation medical debt is also strictly prohibited.
4. Threatening to take action that is not legally allowed or not intended is also prohibited by the FDCPA. If a debt collector threatens to take legal action or seize assets related to a workers’ compensation medical debt, this may be a violation of this section of the FDCPA.

It’s important to note that this is not an exhaustive list of potential FDCPA violations related to workers’ compensation medical debts. If you believe that a debt collector is violating your rights under the FDCPA, you may wish to speak with an experienced attorney who can help you understand your legal rights and options.

Conclusion

If you are facing debt collection efforts related to workers compensation medical debt it’s important to understand your rights and options under the law. You may wish to consult with an experienced attorney who can help you understand your legal rights and represent you in negotiations with debt collectors.

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Are Utah County Constables Collecting Debts Illegally? 30 Mar 2023, 11:03 pm

If Utah County constable Michael Erickson, Utah County constable Rob Kolkman, or any other Utah County constable threatens to sell your personal property at a public auction to force you into a payment plan they might be violating your rights.

These are valuable cases so don’t let them threaten, harass, or abuse you. Fight back!

What is a Utah County constable?

A constable is a law enforcement officer who is primarily responsible for serving legal papers. In Utah, they also handle evictions, garnishment paperwork, and public asset sales.

What is service of process?

Service of process means giving legal notice to others. This usually occurs by serving legal papers on someone in accordance with the Utah Rules of Civil Procedure. There are various types of legal process a constable can serve.

Eviction Notices

An eviction notice is a legal document a landlord sends to a tenant to inform them to vacate rented property. Eviction notices are typically sent when the tenant breaches the terms of their lease agreement by failing to pay rent or violating a lease provision. If the tenant does not comply with the eviction notice, the landlord may take legal action to remove the tenant from the property.

Summons

A summons is a legal document issued by a court or attorney that requires the recipient to appear in court or respond to a legal action. Receiving a summons is an important legal matter and requires prompt attention. Ignoring a summons can result in a default judgment being entered against the recipient, which can have serious legal and financial consequences.

Subpoenas

A subpoena is a legal document that orders a person to provide testimony or documents in a legal proceeding. Failing to comply with a subpoena can result in legal consequences such as being held in contempt of court. However, if the person receiving the subpoena has a valid legal objection, they may be able to challenge or quash the subpoena in court.

Supplemental Orders

A supplemental order is an order from the court requiring a debtor to appear and answer questions about their assets and income. Failing to comply can result in an order of contempt or even a warrant for arrest in some cases.

Garnishments

A garnishment is a legal process by which a creditor can collect a debt owed by an individual by obtaining a court order to seize the debtor’s assets, such as wages, bank accounts, or other property.

Writs of Execution

A writ of execution is a legal order issued by a court that authorizes the enforcement of a judgment or court order against a debtor or other party. Writs of execution are often used in debt collection cases. But they can also be used in other legal contexts, such as enforcing a court order for an eviction or the seizure of property in a civil lawsuit.

Orders of Restitution

An order of restitution is used in eviction cases to allow the constable to remove people from the rented property. These are grossly misused in mobile home cases so contact us immediately if you own a mobile home but have been served with an order of restitution.

Bench Warrants

A bench warrant is issued by the court to have someone arrested. In civil cases they are issued to remedy a failure to appear at a supplemental proceeding.

Why is a constable looking for me?

Constables are process servers. In most cases they are serving legal process for lawsuits, evictions, or other legal matters such as those described above. If a constable is looking for you he is probably trying to serve you with legal papers.

Constables might step outside their normal role as a process server and take on the role of a debt collector. That happens when they solicit, negotiate, or engage in a payment plan for you to repay your debt. At that point they are no longer serving legal process. They are collecting debt.

When a constable is trying to serve you with a civil summons you should normally cooperate and then oppose the lawsuit as appropriate in court. If, a constable is looking for you to set up a payment plan then be more cautious. Contact an attorney to enforce your rights and stop the collection and threats of assert seizures and auctions.

If you have received any collection letters or letters threatening to sell your property at auction you are in an ever better position to enforce your rights as those letters might violate federal and state law. Call an attorney to find out how you can fight back effectively.  

Who is Utah County Constable Michael Erickson?

Utah County Constable Michael Erickson is a constable located in Utah County, Utah. Utah County has appointed Erickson to serve legal process, serve and handle eviction, and execute on your personal assets.

We have also found several cases where Utah County Constable Michael Erickson uses his constable position to coerce consumers into setting up payment plans under the threat of selling their personal property under a writ of execution. It is our contention that when he, or any other constable, solicits, negotiates, and engages in payment plans with debtors he loses the protections normally afforded to constables under federal law and subjects himself and his agents to liability.  

Who is Utah County Constable Rob Kolkman

Utah County Constable Rob Kolkman is another constable located in Utah County, Utah. Like Erickson, Utah County has appointed Kolkman to serve legal process, serve and handle eviction, and execute on your personal assets.

Utah County Constable Rob Kolkman is another Utah County constable we have reason to believe is also engaging in illegal and abusive debt collection practices. Our research has shown that he also uses the threat of asset seizures and public auctions to coerce debtors into setting up payment plans.

Can a constable sell my property?

Constables may only seize and sell your property at auction if they follow all of the required legal procedures. Even then, you have the right to oppose the sale and keep your exempt property. Whether a constable can sell your property at auction depends on several factors.

First, the constable must have a writ of execution authorized by the court.

Second, the constable must properly serve you with that writ of execution and give you the opportunity to object. If you have property that is exempt from seizure you should object to the writ of execution. If there are any irregularities in the writ of execution you should also object.

Third, the constable needs to advertise the sale of your property publicly. Some of the Utah County constables, including Utah County Constable Michael Erickson, do not advertise these sales as required. This is because they are only threatening the sale to coerce people into setting up payment arrangements.

If a constable fails to take any of these steps he is violating your rights.

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Is it ethical or legal for a constable to collect monthly payments for a debt I owe to someone else?

In most cases it is not legal for a constable to collect monthly payments on behalf of someone else. This does depend on the methods they use to collect the debt however.

Constables are law enforcement officers with specific duties, powers, and limitations set forth by law. Their primary responsibility is to serve legal process, subpoenas, and court orders. They also enforce judgments and orders of the court. While they may be involved in enforcing a court judgment or order, they are not authorized by state law to solicit, negotiate, or accept payment arrangements for a debt owed to someone else. When they do so, they assume the role of a debt collection agency. That requires them to follow all the debt collection laws at play.

Threats, intimidation, harassment, or misrepresentations about the amount or nature of a debt, or making false statements about legal actions that may be taken against the debtor are all illegal. By invoking their position as law enforcement officers to force payment they risk running afoul of these prohibitions. They also violate consumers’ rights when they illegally threaten, intimidate, harass, or coerce payment from consumers.

In some cases, a constable may be authorized by a court to seize property to collect a judgment on behalf of a creditor or debt collector. However, this can only occur after the court issues an order allowing the constable to seize the property. Even then the constable must comply with all applicable laws and ethical standards. He has no special license to lie, cheat, or steal just because he is a law enforcement officer. On the contrary. As an officer, constables have a greater duty to uphold the law and conduct themselves ethically.

Are constables exempt from federal debt collection laws?

The short answer is sometimes, but it depends on several factors.

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the activities of debt collectors in the United States. The purpose of the FDCPA is to protect consumers from abusive, deceptive, and unfair practices by debt collectors.

Constables are normally exempt from the FDCPA but that exemption only extends to their activities as a constable. As long as they are merely serving legal papers they are exempt from the Fair Debt Collection Practices Act. Once they cross the line and engage in debt collection activity, however, constables lose their exemption and become subject to all of the requirements and prohibitions of the FDCPA.

For example, when a constable serves you with a duly-issued writ of execution they are serving legal papers. That is exempt from the Fair Debt Collection Practices Act. On the other hand, if the constable mails you a letter asking you to contact them to make payment arrangements to stop a public auction to sell your personal property, they become a debt collector under the law.

The difference seems obvious. When they are merely serving legal papers they are constables and exempt from the FDCPA. When a constable engages in collection activity to secure payment they become a debt collector under the law.     

Why is the use of a constable to collect a debt illegal?

While a constable may be involved in the enforcement or service of a court order related to the collection of a debt, the use of a constable to collect a debt outside of this context is illegal under the FDCPA.

The reason is because the FDCPA prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. It also prohibits abuse, harassment, and making threats that are illegal or not intended. Using a constable to intimidate and coerce consumers into setting up payment plans often violates these prohibitions.  

Consumers may be led to believe that they are required to pay the debt immediately or face consequences that have not been authorized by the court, even if they do not actually owe the debt. They may believe that they have lost legal rights they still possess or will lose legal rights if they don’t pay.

Consumers may also feel harassed, threatened, or intimidated by the involvement of law enforcement in the debt collection process. That can be seriously detrimental to their emotional and mental well-being.

What are the consequences for violating the FDCPA

Under the FDCPA, consumers have the right to sue debt collectors who violate their legal rights. The debt collector or constable may be ordered to pay you damages, court costs, and attorney’s fees. This is why you should fight back.

Damage awards and settlements under the Fair Debt Collection Practices Act can be substantial enough to put debt collectors out of business in some cases.

In addition to civil penalties, debt collectors violating the FDCPA also face enforcement action by federal or state regulatory agencies. The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are two examples. These agencies have the authority to enforce the FDCPA.

Conclusion

The use of a constable to collect a debt may be illegal under the FDCPA in certain circumstances. Using a constable or other law enforcement officer to collect debt illegally can create significant legal and financial consequences.

Consumers who believe that their rights have been violated by a constable should consult with an attorney. Find one who specializes in debt collection litigation. By taking action for abusive or deceptive practices, consumers protect their rights and hold debt collectors accountable for their actions.

Consult with an attorney who is knowledgeable about debt collection practices and your rights under the law if you are being contacted by a constable such as Utah County Constable Michael Erickson or Utah County Constable Rob Kolkman attempting to collect, solicit, or negotiate monthly payments. Whether you owe the debt or not we might be able to help.

An experienced litigation attorney can help you understand your options and take steps to protect your rights and interests. In many cases we can sue to stop the collection process and make unethical constables pay you for your damages. 

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Revenge Porn Laws 16 Jan 2023, 7:37 pm

What is Revenge Porn?

Revenge porn laws protect against the distribution of sexually explicit images or videos of an individual without their consent. Revenge porn, also known as non-consensual pornography, often happens when a person shares sexually explicit content, such as nude or sexually suggestive photographs or videos of their partner or ex-partner with the intent to harm or humiliate them. This content is often shared with friends, family, or on the Internet with the intent to cause emotional distress, damage the individual’s reputation, or even ruin their career and personal relationships.

Revenge porn is an illegal form of online harassment and can have serious consequences for the victim, including emotional distress, loss of income, and damage to their reputation. It can also lead to feelings of isolation and disconnection from family and friends, as well as problems with self-esteem and self-worth.

It’s worth mentioning that revenge porn and non-consensual pornography are not only limited to ex-partners, it can happen to anyone who has shared their sexually explicit material with someone else, for example, a person who has been scammed or tricked into sending explicit material to someone, or someone who’s explicit material has been leaked by a hacker.

Victims of revenge porn can pursue damages against the perpetrator of up to $150,000 or more and while remaining mostly anonymous.

Utah’s Revenge Porn Laws

Utah has criminal revenge porn laws that protect individuals from revenge porn, also known as non-consensual pornography.

In Utah, it is a criminal act to distribute sexually explicit images or videos of someone without their consent and with the intent to cause emotional distress or harm or with the knowledge that the disclosure will cause emotional distress or harm. Punishment can range from six months to a year in jail and fines range from $1,000 to $2,500. If the person charged is a repeat offender they could receive up to five years imprisonment and a $5,000 fine. These laws have been in effect for a while but in 2021 were updated to address various issues raised by the death of University of Utah student Lauren McCluskey.

A civil action for revenge porn is also available in Utah under federal revenge porn laws. In these cases you can file a civil action against the person who distributed the images or videos, as well as against the website or company that hosted the material if they have been notified and have not removed the material.

A civil lawsuit can seek substantial monetary damages for harm such as emotional distress, loss of income, and damage to reputation, and in some cases, a permanent injunction to prohibit the distribution of the images and videos. In some cases victims of revenge porn may be awarded as much as $150,000 or more.

Revenge Porn Sites

Revenge porn sites are websites that publish sexually explicit images or videos of individuals without their consent. These websites often rely on user-generated content, and they are typically created with the intent to harm or humiliate the individuals depicted in the images and videos.

Many of these websites are illegal and often operate in a gray area of the law. And they can frequently change their domain names making it difficult to track them down.

Some revenge porn sites are not at all meant to harm others. Facebook, Twitter, Instagram, Reddit, and other social media platforms are often misused for revenge porn purposes even though they are not actually intended to be used in that manner. Any site that contains user-generated content that is shared with others can be used in a revenge porn situation to distribute content without the consent of the person depicted.

CAUTION: We strongly advise against searching for or visiting revenge porn sites, as doing so can be emotionally distressing, and it can also expose you to computer viruses and potential legal liability. If you or someone you know is a victim of revenge porn, it is important to seek legal help instead.

What harm is Caused by Revenge Porn?

Revenge porn can cause a wide range of emotional distress for the victim, including feelings of embarrassment, shame, and guilt. It can also lead to anxiety, depression, and post-traumatic stress disorder (PTSD).

Victims may also experience feelings of isolation and disconnection from family and friends, as well as difficulty with trust and intimacy in relationships. They may also feel a sense of powerlessness and fear, as well as a loss of control over their own image and public persona.

The emotional distress caused by revenge porn can also have a significant impact on a person’s daily life. They may experience difficulty in their personal and professional relationships, as well as problems with self-esteem and self-worth. They may also have difficulty with sleeping, eating, and other basic daily functions.

The emotional distress caused by revenge porn can also be long-lasting, and can continue to affect a person’s mental health and well-being, even after the images or videos have been removed.

It is important for victims to seek legal assistance, counseling, and other forms of support to help them cope with the emotional fallout of revenge porn.

It’s worth mentioning that revenge porn can also have a significant impact on a person’s reputation and future opportunities, and it may have a negative effect on their career, education, and social relationships.

What can Victims do to Stop Revenge Porn?

Victims of revenge porn have several options to stop the distribution of sexually explicit images or videos. Here are some steps that can be taken:

1. Contact the website or platform where the images or videos are hosted: Many websites and platforms have procedures in place for removing revenge porn content. Contacting the website or platform and requesting that the content be removed is often the most effective way to have it taken down.
2. Contact the person responsible: In some cases, the person responsible for distributing the revenge porn may be willing to remove the content if contacted directly. However, it’s important to use caution when communicating with the person responsible, as they may be hostile or uncooperative.
3. Contact the authorities: Revenge porn is a criminal offense in Utah and in many other states as well. Contacting the police and reporting the crime can help to hold the person responsible accountable for their actions.
4. Seek legal help: A lawyer experienced in this area of law can help you understand your rights and options, and can help you to navigate the legal process. They can also help you to seek damages such as emotional distress, loss of income, and damage to reputation, and in some cases, a permanent injunction to prohibit the distribution of the images and videos.
5. Document the evidence: Keep track of all the evidence related to the distribution of the images or videos, including screenshots of the images or videos, messages or emails related to the distribution, and any other relevant information.
6. Take care of yourself: Dealing with revenge porn can be emotionally distressing, it’s important to take care of your mental and emotional well-being. Seek support from friends and family, and consider seeking counseling or therapy.

Can I File for a Permanent Injunction to Stop the Display of My Sexually Explicit Images and Videos

A permanent injunction is a court order that prohibits a person from engaging in certain activities. In the context of a revenge porn case, a permanent injunction would prohibit the person responsible for distributing the sexually explicit images or videos from doing so again.

A permanent injunction is available under Utah’s revenge porn laws. The injunction can stop the distribution and display of your sexually explicit images and videos. An injunction may also prohibit the person from contacting the victim or from posting any further information about the victim online. It can also require the person to take specific actions, such as removing the images or videos from the Internet, or to turn over any copies of the material to the victim or the court.

When seeking a permanent injunction, the victim must demonstrate that they have been harmed by the revenge porn and that the person responsible is likely to continue to engage in the harmful behavior. The victim must also show that the injunction is necessary to prevent further harm. These are fairly easy standards to meet if you have a good attorney helping you.

It’s important to note that a permanent injunction is a civil court order, not a criminal one, and it is enforced by the court. Still, if the person responsible for the revenge porn violates the terms of the injunction, they may be held in contempt of court, which can result in fines or even imprisonment.

A permanent injunction is a powerful tool for victims of revenge porn to gain control over their image and to prevent further distribution of their explicit material. It can also provide them with a sense of closure, and it can hold the perpetrator accountable for their actions.

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We can sue to get you up to $150,000 for damages and a permanent injunction to stop the display of your private intimate images or video. Contact us now to see how we can help.

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How Do I File a Revenge Porn Lawsuit

The first step in suing under the revenge porn laws is to gather evidence. This may include screenshots of the images or videos, as well as any messages or emails related to the distribution of the content. It is important to document any emotional or psychological harm that you have suffered as a result of the revenge porn. In many cases text messages between the victim and the perpetrator are available to prove the perpetrator intended to cause emotional distress and other harm by posting the sexually explicit images and video. Save everything for court.

Once you have the evidence, you can file a civil lawsuit. You may be able to sue for damages, including emotional distress, loss of income, and damage to your reputation. In most cases, you should also be able to seek an injunction, which would prohibit the person responsible for the revenge porn from distributing the images or videos further.

One important thing to consider when suing for revenge porn is the statute of limitations. In general, you will need to file your lawsuit within a certain amount of time after the revenge porn occurred. The statute of limitations varies by state and the type of claim being made. The best advice here is do not delay. Any delays can cause you to lose the right to sue for damages.

Another important thing to consider is that the person who posted the material might be anonymous, in this case you will have to rely on the website or company hosting the material to take it down, most companies have a procedure for that and you can contact them to remove the material. Hire an experienced attorney to help you obtain information from these sites about the perpetrator and their real identity.

Do Revenge Porn Laws Only Protect Women?

Revenge porn laws protect everyone regardless of gender. Both men and women can be victims of non-consensual pornography and can therefore sue for damages.

It’s worth to mention that men may face some additional challenges, as societal attitudes and stereotypes may lead some to believe that men would not be affected emotionally by revenge porn, or that they may have consented to the distribution of the images or videos. However, this is not the case and men can also suffer from the emotional distress caused by revenge porn.

Can Victims of Revenge Porn Sue but Still Remain Anonymous?

In many cases it is possible for a victim of revenge porn to remain anonymous when filing a lawsuit, but it depends on the laws of the state where the lawsuit is being filed and the specific circumstances of the case.

Contact a lawyer before you assume you have to reveal your identity publicly. Some states have laws that allow victims of revenge porn to file lawsuits anonymously by using a pseudonym instead of their real name. These laws vary from state to state and not all states have this provision. In most cases you can remain anonymous and still pursue damages but check with your lawyer before proceeding.

It’s critical to consult with an attorney experienced in revenge porn cases and who understands the laws and procedures of the state where the lawsuit is being filed to determine the best course of action. In any case, is important to always consider the possible consequences of revealing one’s identity and weigh them against the potential benefits of proceeding with the lawsuit.

Conclusion

According to the Center for Innovative Public Health Research one in 25 online Americans has been threatened with or had explicit images shared online without the subject’s consent. Some of the harassers are vindictive ex-lovers, who post images shared in confidence but others are hackers who invade a victim’s computer, cloud-storage account, or webcam. Some perpetrators even place hidden cameras in public bathrooms, gym locker rooms, and other places where they can obtain content to post.

Regardless of the source of the sexually explicit images or videos, suing under the revenge porn laws can be a difficult and emotionally draining process. It can also be an important step in holding the person responsible accountable for their actions and helping to restore your sense of dignity and control.

If you are a victim of revenge porn, it is important to speak with an attorney who is experienced in this area of law, and who can help guide you through the legal process. Overall, revenge porn laws help fight back against this serious issue and it is important for victims to know that they have legal options available to them, and pursuing legal action can help hold the perpetrator accountable and provide a sense of closure and empowerment for the victim.

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