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California Debt Blog: Keep track of your settlements

March 1, 2013 by Jonathan Stein

I have had two cases recently that have shown me a disturbing trend: debt collectors settling issues and then turning around and demanding more money!

In one case, Erica Brachfeld, who also goes by Brachfeld Law Group, settled a case with me back in March of last year. In August, she sent a letter to my client demanding money on the same debt. She then sent a second letter.

Sadly, she is not the only debt collector who is doing this. There are other collectors who are “settling” matters and then demanding money. The debt collectors apparently assume that you will not be able to keep track of what cases you have resolved with them and you may then pay them on a case that you have settled.

My advice: keep a list of any debt you have settled, how it was resolved, and then scan in the settlement agreement. If you get a debt collector like Erica Brachfeld, who then comes after you again, you can use the settlement agreement to make them go away. This is a clear violation of the Fair Debt Collection Practices Act (“FDCPA”) and the Rosenthal Act. You need to assert your rights to end these abusive debt collection practices.

Of course, my old advice is still true: the first time you hear from a debt collector, call an attorney.

Categories: Credit, Current Affairs, FDCPA, Legal Process, News, Rosenthal FDCPA Tags: attorney, Brachfeld Law Group, debt, debt collection, debt collections, debt collectors, Erica Brachfeld, Fair Debt Collection Practices Act, FDPCA, R-FDCPA, Rosenthal Act, Rosenthal Fair Debt Collection Practices Act, settlement agreement

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