by Paul MankinHas a debt collector threatened to take money out of your bank account?
Has a debt collector threatened to take money out of your bank account?
The FDCPA and RFDCPA prohibits debt collectors from threatening to take money out of your bank account unless they actually intend to do so and are lawfully allowed. Despite the law, debt collectors will often threat to take money out of your bank account in order to intimidate you into paying a debt. This is considered a false and misleading representation and the debt collector should be held accountable for such reprehensible practices.
Of course, there are some limited circumstances where debt collectors could remove money from your bank account. Generally, the debt collector must have filed a lawsuit and obtained a judgment against you in order to garnish funds from your bank account. With the proper help and guidance from an experienced attorney, a judgment can be avoided.
If a debt collector is threatening to take money out of your bank account, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinWhy is a hospital slip and fall case considered a “Never Event”?
When at a hospital, you assume that you will be well taken care of, and in good hands. Otherwise, why would you be at a hospital in the first place? Of all the places to visit or to be sent to, you would hope that a hospital is the safest of them all.
As such, it is almost unheard of to have accidents occur inside of a hospital or medical facility. Yet, they can occur, and sometimes result in disastrous injuries and complications for patients and visitors alike, such as a slip and fall. These incidents, known as “Never Events”, should statistically never happen, and yet they do. So why do they occur, and how do they impact you?
What exactly is a hospital slip and fall?
Even though a slip and fall incident anywhere can be a dangerous mishap to have occur, a slip and fall within a hospital or medical facility can be extremely dangerous. This is due to the fact that patients and visitors alike to hospitals are already in a vulnerable state to begin with. The most prominent type of person that would be prone to a slip and fall would be an in-patient resident who needs constant care due to long-term problems that are being treated. This may make them especially susceptible to spills and other hazards that may not be easily identified.
There is also a specific type of slip and fall case that is not seen in most regular workplaces. These are the slips and falls caused by a hospital’s, or doctor’s, error when either diagnosing the patient, or giving care to a patient. This can be especially dangerous, as the diagnosis was made already, but the treatment may not be fit. Things such as prescribed medications and absence of proper medical equipment present can lead to an increase in slip and fall possibilities.
Hospital Vs. Common Workplace Cases
There are some major differences when it comes to talking about slip and fall cases between workplaces and hospitals. These differences do play a role when going into the courts and making a case. As such, it is important to discuss them, and their distinctions.
With common workplace slip and fall cases, it is seen as a hazard that comes with the workplace. Depending on what is deemed as the cause of the slip and fall, it can be easy to determine the amount of repayment and aftercare payments that should be made to the employee or person in question for damages and injuries sustained.
This can vary drastically when it comes to medical facilities. This is due to the amount of safety and precautions that are generally taken to prevent such a simple accident from occurring.
Why is it known as a Never Event?
Slip and fall cases are known as “Never Events” by most medical facilities and hospitals due to the fact that they should almost never occur. With most events, it is seen as somewhat acceptable if they do occur. However, with slip and fall cases, they are seen as simple, and easy to prevent. Some signs up over spills, and some positive lighting, and it should be okay. Along with that prevention, most patients are taken care of by staff, and should be attended to regularly.
With how much safeguarding is given to the patients, it is almost inconceivable that an accident could occur. As such, it is known as a “Never Event”, or an event that should never happen due to the safety precautions laid out.
However, with a lapse in judgment for the patient’s diagnosis, they can be left with improper care, resulting in the increased possibility of an accident occurring.
How does this Impact patients?
The impact of a slip and fall accident being labeled a “Never Event” does leave an impact when dealing with claims and possible lawsuits. This falls under technical legal jargon that can either make or break your case.
In most instances of a slip and fall, the hospital that the incident occurred in will attempt to state that they had given proper warning and adequate equipment to ensure the safety of the patient in question. In turn, the patient may state that the cause of the incident was due to the negligence of the doctor or staff on site at that time, or if it were due to a fault in the medical facility.
In all slip and fall cases, the claim and lawsuit bottom line is who is at fault, and who was the cause of the incident. If probable cause is stated that implicates and confirms that the error was on the side of the hospital, or its staff, then the event would not be labeled as a “Never Event”.
If you still have questions about a slip and fall incident, or if you feel like you have been wrongfully turned away with your claim, then it will help to contact an experienced and knowledgeable attorney to help with your case. With an experienced attorney, they will be able to walk you through the definitions and functionalities of the “Never Events”, and how to set up your case to ensure you get the proper treatment necessary.
by Paul MankinHas a Debt Collector or Creditor Disclosed or Revealed Personal Information about You or Your Debts to Other People?
IN GENERAL, A DEBT COLLECTOR OR CREDITOR MAY NOT DISCLOSE PERSONAL INFORMATION ABOUT YOU OR YOUR DEBTS TO OTHERS.
Has a debt collector or creditor disclosed or revealed personal information about you or your debts to other people?
Under the FCPA, debt collectors not allowed to contact others in reference to your debt or a debt they believe you owe, except for:
- Your spouse
- Your attorney
- A consumer reporting agency (if permitted by local law)
- The creditor
- The creditor’s attorney
- Their own attorney
However, if a creditor or debt collector believes that another person may have your current telephone number or address, they may contact that person to ask for or verify that information. What they cannot do is contact the other person more than one time, unless given permission to do so, or disclose information about the amount of the debt or to whom it is owed, unless specifically asked by the third party. The creditor or debt collector may contact the third party again, without permission, only if they believe that the third party has updated information about how to contact you.
Debt collectors are also prohibited from publishing information about debtors where it is accessible to the general public. Unfortunately they may report personal information about you and the debt you allegedly owe to credit reporting agencies who may then furnish the information to a limited number of people including persons it has reason to believe intend to use the information for the purposes of:
- Employment
- Insurance underwriting
- Eligibility for a license issued by a governmental
- In connection with a credit transaction
If a debt collector or creditor has disclosed or revealed personal information about you or your debts to others, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinWhat should I do when there Is Inaccurate Information On Your Credit Report
Inaccurate information is the easiest type of error to correct on a consumer credit report because credit reporting agencies—e.g., TransUnion, Equifax, and Experian—are required by law to ensure that only accurate information is made available through one’s credit report.
It is common for a consumer to monitor their credit report in an effort to resolve issues resulting in a less-than-desirable credit score. It is, however, in every consumer’s interest to monitor their credit report at least annually to ensure all reported information is accurate. Inaccuracies are relatively easy to correct and are more likely to be resolved in the consumer’s favor the sooner they are identified and addressed.
Some of the most common types of inaccuracies include: marking a timely made payment as ‘missed’ or ‘late’; reporting a credit account on the report of anyone other than the debtor; failing to change the status of a charge-off account once it has been paid or settled; stating an inaccurate account balance; and reporting ‘mixed’ information from two or more individuals in a single report.
If the inaccuracy at issue is most likely due to a reporting error by a creditor, the consumer can ask the creditor to correct the error or update the account information with the reporting agency. If the consumer is unable to have the inaccuracy corrected through the creditor, they can file a dispute directly with the credit reporting agency, as described below.
In some cases, an inaccuracy will result from an error in information available through public records. In this type of instance, it is critical to resolve the inaccuracy in the public record before attempting to correct the inaccuracy on a credit report because the reporting bureaus will refer to the public record for evidence of the consumer’s claim in dispute. For example, a court judgment that has been paid in full will continue being reported on a consumer’s credit report unless and until the court records the judgment as being fully satisfied.
After an error in the public record is corrected, the consumer should file a dispute directly with the applicable reporting agency(ies) and include copies documents showing the old (or erroneous) information, as well as documentation of the corrected information. Likewise, a consumer should file a dispute directly with the appropriate reporting agency when the inaccuracy appears to be an agency error or where the consumer is unable to have the inaccuracy corrected by the creditor or other responsible party.
To request correction of inaccurate information on a credit report, a consumer may file a dispute directly with the agency reporting the inaccuracy—typically, TransUnion, Equifax, or Experian. The big three reporting bureaus each provide a portal for online filing, as well as a mailing address for filing a dispute by post:
TransUnion
Consumer Dispute Center
P.O. Box 2000
Chester, PA 19022
Equifax
Consumer Dispute Center
P.O. Box 740256
Atlanta, GA 30374
Experian
Consumer Dispute Center
P.O. Box 4500
Allen, TX 75013
Whether a dispute is filed online or by mail, the consumer should be prepared to provide the following information: full name, date of birth, tax ID (SSN or ITIN), phone number, current address, and a letter detailing the nature of the dispute. The consumer may also need to include documentation, such as copies of old/erroneous public record information and documentation of new/corrected information.
Once a dispute is opened, the reporting agency has 30 days to investigate the consumer’s claims and report back to the consumer whether the claimed inaccuracy was verified and corrected or successfully refuted by the creditor or, as applicable, by information available in the public record.
by Paul MankinHas a Debt Collector or Creditor ever Insulted You while Attempting to Collect Money from You?
DEBT COLLECTORS AND CREDITORS MAY NOT INSULT YOU WHILE ATTEMPTING TO COLLECT MONEY FROM YOU.
Has a debt collector or creditor ever insulted you while attempting to collect money from you?
The federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit debt collectors and creditors from abusing any person while attempting to collect a debt. Insulting someone is abusing them!
Some examples of insulting things debt collectors have been reported to say to consumers include:
- You are not a real man
- You don’t get to sit around not paying your bills while the rest of us work
- What kind of loser are you?
- Get off your butt and get a job
- You should be ashamed of yourself
- Is this how your mother raised you?
Anything that a debt collector or creditor says to you that is meant to belittle or humiliate you is abusive and is in violation of the law.
If a debt collector or creditor has insulted you while attempting to collect a debt, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinDo I have Rights to Stop Harassing Phone Calls?
Harassing Phone Calls
Harassing phone calls have become so commonplace that the federal government had to create a national do not call list which prohibits telemarketers and other companies from calling consumers who have placed their number on the list. Creditors and debt collectors, who are exempt from the list, appear to be the source of a large number of the harassing phone calls that consumers receive. But there is good news; while they are exempt from the do not call list requirements, they may be in violation other federal or state law, such as the Fair Debt Collection Practices Act (FDCPA) or the Rosenthal Fair Debt Collection Practices Act (RFDCPA) when placing their collection calls.
Harassing Phone Calls and the FDCPA
The FDCPA is a federal act created to help prevent debt collectors from using unfair, harassing, and abusive practices when attempting to collect on a debt. The Act considers harassing phone calls by debt collectors to be ones where the collector:
- Calls before 8:00 a.m. or after 9:00 p.m.
- Uses profane or obscene language
- Allows the telephone to ring continuously
- Threatens to use violence against the consumer
- Uses abusive language
Other collection tactics may also be considered harassing under the Act and this is not a complete list of the actions that are prohibited.
Harassing Phone Calls and the RFDCPA
The RFDCPA is a California law that mirrors the FDCPA, but unlike the FDCPA, it covers original creditors and not just debt collectors. For California residents this means that not only can you make debt collectors stop the harassing phone calls, but you can stop the original creditor from doing so as well.
How to Stop Harassing Phone Calls from Debt Collectors
Many consumers who are receiving harassing phone calls from a debt collector simply avoid answering the phone if they know it is the collector calling or if the call comes from a number they do not recognize. This may not be a very good tactic though when dealing with a debt collector, as they will just continue to call. The best way to stop harassing phone calls from a debt collector is to notify them in writing that you want them to stop attempting to collect the debt. You should keep a copy of the letter and also send a copy to the Federal Trade Commission at 6th and Pennsylvania Avenue, NW, Washington, D.C. 20850. Once the debt collector has received the letter they may only contact you once more in order to let you know that they received your letter, will stop contacting you, and what other action they intend to take. If the harassing phone calls continue after you have sent the collector a letter asking them to stop, you may want to contact a FDCPA attorney for advice on how to proceed.
If you are getting harassing phone calls from a creditor or debt collector, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinTop 5 Causes of Hospital Slip and Falls
A slip and fall can occur at any point, and for multiple reasons. Whether you are just a visitor to a facility, or have been admitted to the hospital for an extended problem, the possibility of an accident occurring will always be present.
This is even true within the facility grounds of hospitals, even when it is deemed as well-kept and secure. Although hospitals are generally well-maintained and kept in pristine conditions, they are still susceptible to basic issues that may occur without warning. These are the top five causes that you should be cautious of, as well as how to avoid these situations in the future.
Number 5 – Inadequate Lighting of Facility
Inadequate lighting of the facility can lead to a rise in cases of slips and falls by both patients and visitors. Inadequate lighting refers to poor and underlit situations, whether inside or outside the facility. Such situations can be seen in examples like:
- Poorly lit hallways
- Low lighting in patient rooms
- Few to no parking lot lights
In many of these situations, they can be fixed with a quick change of a lightbulb or upping the brightness on the lights. However, in situations such as an improper architectural setup, where there were not enough lights installed to begin with, the chances of an incident occurring will increase in direct proportions.
In these situations, it is advised to take adequate precautions in these areas. Walk slowly, and make sure to look for guidance assistance equipment when available. Things like hand-rails and signs will be able to allow you to navigate your way through the facility in a regular pattern. However, these are only safety measures that you are able to employ, and does not eliminate the danger factor of the facility being left unlit in some cases.
Number 4 – Weather Conditions (Ice/Snow)
Weather conditions refers to the dangerous situations that can occur with elemental variances. Just as the weather can be extremely unpredictable, the conditions that beset a hospital may not be able to be dealt with immediately.
Although situations such as a tornado or hurricane are a possibility for a hospital to deal with, the most common is ice and snow forming during the winter along the perimeters and grounds of a hospital. Ice and snow buildup can be detrimental when attempting to keep patients safe when leaving or entering the facility in question. Slips on ice can also cause much more fatal damage than at other points, as the surface may have unseen vulnerabilities.
In such situations, the blame would be on the hospital in general for not properly clearing out the buildup effectively and efficiently. Things such as not having staff or a company clear snow and ice properly in a parking lot can lead to parking lot slips and falls with massive vehicles, which can lead to excess claims.
Number 3 – Walking Surface Irregularities
Walking surface irregularities refers to a surface that was improperly placed or built on the facility grounds. This includes cement walkways, pavements, and floors inside and outside of the main building.
Walking surfaces can be broken into two different categories: Indoors and Outdoors. Indoors refers to items such as the floors of the hospital, bathroom pathways, and hallways that may connect the wings of a hospital as well. Instances of irregularities in indoor walking surfaces can be a tile being upended due to improper placement, or an unwanted slant in a surface due to unstable pavements.
Outdoors refers to items such as parking lot walkways, parking garages, and outdoor facilities, such as a garden or open-air gathering spot on hospital grounds. Irregularities that may occur at these areas are possible cement fractures and cracks, unstable tiles or rocks being laid, and bumps or potholes being worn over time.
In most instances, these are known issues that have occurred over time, and just have not been taken care of. As such, they can be easily identified as the cause of a slip and fall accident.
Number 2 – Poor Drainage Systems
When talking about Poor Drainage Systems, this refers to both indoor and outdoor facilities not being able to drain and regulate the flow of liquids and other such items within their grounds. If left unchecked, they can create massive and sometimes unnoticed hazard zones that can lead to falls and slips.
A few examples of a poor drainage system would be outside water and sewage drains being backed up consistently, and flooding occurring around the facility. Inside a hospital, a sign of poor drainage systems may be a leaking ceiling, or consistent damp floors. Flooding within the bathrooms or shower areas can also be symptoms of a poor drainage system not being corrected quickly enough.
A poor drainage system may also have unseen effects on the hospital. Improper drainage or flow through a hospital may result in a leak within the walls and grounds of the hospital. This may result in the foundation becoming unstable and extremely hazardous, which may affect the structural integrity of the building.
Number 1 – Contamination on the Floor
Taking priority and at the height of the possible reasons for a possible slip and fall incident within a hospital is the contamination factor on floors. This can also occur both inside and outside, but has a few more dire consequences.
Contamination on the floor refers to the instances when there is some sort of spill, liquid fallout, or other such instances of extremities that have not been cleaned up. These can be contaminants such as, but are not limited to:
- Bile or vomit
- Medical supplies or liquids
- Refuse or bodily fluids
Although these may seem trivial, they can lead to massive damages if not taken care of properly If items such as bile or vomit go left uncleaned, they can lead to long-term problems if you were to fall or collapse in it. Things such as a long-term disease being transferred to you through the contact of bodily fluids after a fall can be extremely fatal and damaging to your health. In terms of physical issues, medical spills can mean that there may be items such as glass shards or other sharp objects mixed in, leading to possible lacerations and infections along with a fall.
by Paul MankinCreditor Harassment: Can you Sue a Creditor for Violating the FDCPA?
With the advancement in business and economics, there may come points where you may be on the losing end of a debt. Accruing debt can be difficult, and paying it off can cause anxiety and stress throughout your daily life. This can be especially hard if the one you owe money to sends a debt collector to reinforce the debt pay dates.
To help lessen this blow, and to ensure fair play between both the debtee, the debt collector, and the creditor, the FDCPA is in place. This law ensures that all parties are treated in fairness, and without overstepping their boundaries.
But, what happens when they do cross that line? We will look at what to do when a creditor violates the FDCPA, and what you can do about it.
What is the FDCPA?
The FDCPA, or the Fair Debt Collection Practices Act, is a federal law that limits and bottlenecks the possible actions and motions that a third-party debt collector can make when attempting to collect on the debt of another person or party involved. These debt collectors who collect for a party must follow specific rules, guidelines, and laws before they are able to fully collect on the debt.
The FDCPA has been amended quite a few times, and is mainly provided to ensure that the debtee is not harassed or blackmailed into paying the debt. These rules cover such things as specific times when a debtee may be called, to where they may be called.
What is not covered by the FDCPA?
Although the FDCPA does cover most debts, they will not be able to help when it comes to personal debts. A personal debt is when a person, such as a small business owner, attempts to collect from a person of interest. In this case, the FDCPA would not cover that personal debt that is owed. This is because he is not considered a debt collector at this point in time.
As defined for the FDCPA, it is only third-party debt collectors that are restrained by the FDCPA laws. These are primarily people that work for debt collection agencies that deal specifically with helping businesses collect on a debt.
Who can be Sued for Violating the FDCPA?
In instances where the FDCPA has been violated, then there is a possibility of a lawsuit being enacted against the breacher of the law. There are two main parties that can be liable in these instances: the creditor, and the debt collector. Debt collectors that break the FDCPA laws must be found guilty of breaking the law, such as contacting you past a specific time, or threatening bodily or physical harm. Both would be valid reasons to sue a debt collector if recorded and properly presented in a court of law.
Another party that can be sued is the creditor themselves. In such cases of medical issues, these would be either a medical facility and family, or a small office’s staff members. These are a bit harder to track, and must be taken with caution, as a direct lawsuit against the creditor may lead to you being slammed with the bill instead.
Some instances where a creditor might be sued is if they attempt to make the debt collector harass or push for unscrupulous means to gather the debt. They may also be found in violating the law if they are found in collusion of threatening bodily harm to the debtee.
Suing the Creditor
Most lawsuits involving a breach of the FDCPA by the creditor will fall to the small court claims. In these courts, you may not have to go through the full legal process for a state court lawsuit. Instead, you will be allowed to defend your case without an attorney, without excessive use of resources.
If a creditor has been found to have violated the FDCPA laws, a judge may issue a ruling on the spot, or take the case under submission to rule on at a later date.
How to use a Violation against a Creditor
If you find that your creditor has been in violation of the FDCPA, it may also be used as leverage against the creditor during the debt settlement negotiations. If the negotiations have not started already, then the understanding that a violation has occurred may mean that the creditor does not want the case to go before a court.
If this occurs, it is important to have some form of verification of the facts. Things such as written letters, recordings of phone calls, and testimonies of friends or acquaintances who may have also received harassment may be used as leverage in the negotiations.
This can mainly be seen as an alternative to going to a small claims court. If the creditor is a larger company group, it may be seen as a better tactic to settle out of court, which may also help in your negotiations.
by Paul MankinIs Mandarich Law Group calling and harassing you?
Mandarich Law Group is a law firm located in Chatsworth, California. It has been in business since 2014 and provides debt collection services for various types of creditors.
Contact Information:
9200 Oakdale Ave #601
Chatsworth, CA 91311-6513
Phone: (877) 414-0130
The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB) report over 50 complaints filed by consumers against Mandarich Law Group since 2015. Complaints on the two websites allege that the law firm:
- Failed and refused to validate a debt
- Threatened to take personal property of a consumer that they were not legally entitled to take
- Falsely indicated or implied that a consumer would be arrested for not paying a debt
- Sued consumers and did not properly serve them with notification of the suit
- Continued collection attempts after being asked to stop contacting the consumer
- Reported false information to the credit reporting agencies
These collection practices violate the federal Fair Debt Collection Practices Act (FDCPA), a federal law passed in order to help protect consumers from unfair, deceptive, and abusive practices of businesses in the financial industry, such as banks, credit card companies, and debt collectors. Some of the practices specifically prohibited by the Act include:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Refusing to provide debt verification information to a consumer
- Advertising a debt for sale in order to coerce payment from the debtor
- Contacting a consumer after being asked to stop
- Threatening to take action that is not legal or intended
- Reporting false credit information
- Using or threatening to use violence to collect on a debt
- Falsely indicating that they are an attorney
A large number of these consumers complained that Mandarich Law Group falsely indicated that communications were from an attorney. While the FDCPA prohibits non attorneys from implying that they are an attorney, communications from Mandarich Law Group are either from an attorney or a staff member of the law firm and therefore the company is not violating the Act when indicating that a letter or phone call is from an attorney.
If you believe that Mandarich Law Group is using any unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinHas a debt collector or creditor used or threatened to violence or other criminal means to harm you or your property?
CREDITORS AND DEBT COLLECTORS ARE NOT ALLOWED TO USE OR THREATEN TO USE VIOLENCE OR CRIMINAL MEANS TO HARM YOU OR YOUR PROPERTY
Has a debt collector or creditor used or threatened to violence or other criminal means to harm you or your property?
Debt collectors and creditors have become so egregious in their attempts to collect on debts, the Fair Debt Collection Practices Act (FDCPA) and Rosenthal Fair Debt Collection Practices Act (RFDCPA) actually had to prohibit them from committing violence or other illegal acts against consumers and their property, or threatening to do so. Most people have experienced a rude or aggressive debt collector at some point in their life; after all, collectors generally work on commission, getting paid for the amount of debt they are able to collect. But have you had a creditor or collector threaten to kill you, have your children taken away, rape your mother, or shoot and eat your pet dog if you do not pay a bill? This is exactly what some unscrupulous collectors have resorted to.
In this multibillion dollar industry, collection tactics have become more aggressive and some collector’s tactics are simply over the top. In a story by CNN Money, Confessions of former debt collectors, one former debt collector describes overhearing a co-worker threaten to send someone to a consumer’s house to beat them with a tire iron. Other former collectors describe the company policy as requiring them to threaten to take consumer’s property; their television, electronics, any property a person would not want someone to take from their home. Another report by the New York Times describes a practice of Accretive Health of placing debt collectors in hospitals in order to discourage patients from seeking emergency medical care until they pay a bill. In a complaint filed with the Federal Trade Commission (FTC), one consumer alleges that a collection agency collecting for her daughter’s funeral expenses threatened to dig up her daughter’s remains and hang them from a tree if she did not pay the bill.
While the FTC attempts to stay ahead of the collectors, banning agencies and agency employees who uses unfair and abusive practices to collect on a debt, from working in the industry, it simply cannot stop them all. Any creditor or debt collector who threatens to hurt you, your family, your pets, or take your property away from you is in violation of the law and needs to be held accountable.
Have you been threatened with violence or other illegal activity by a creditor or debt collector? If so, please contact our office for a free, no obligation consultation at 1-800-219-3577.