Consumer law advocate Cary Flitter has helped numerous clients over the past twenty years. The following is a partial list of the companies and organizations he has sued on behalf of his clients:

• Consumer Justice: Voice of the American Consumer
• Fair Debt Collection Practices Act
• Federal Trade Commission
• National Association of Attorneys General
• National Association of Consumer Advocates
• National Consumer Law Center
• New Jersey State Attorney General
• Pennsylvania State Attorney General

YouTube Video

Maxed Out is a 90 minute film which takes viewers on a journey deep inside the American style of debt, where things seem fine as long as the minimum monthly payment arrives on time. With coverage that spans from small American towns all the way to the White House, the film shows how the modern financial industry really works, explains the true definition of "preferred customer" and tells us why the poor are getting poorer while the rich keep getting richer. Hilarious, shocking and incisive, Maxed Out paints a picture of a national nightmare which is all too real for most of us." (Released: 6/5/2007; James D. Scurlock, Director; Truworks Production Co.)

Written Communication

When communicating with a debt collector, it is very important to document the contact. Be sure to KEEP ALL PAPERWORK: letters from creditors, letters from collectors, sales receipts, cancelled checks, invoices and all other materials related to the debt. Any letters you send, be sure to keep copies for your files. Letters should be sent via CERTIFIED MAIL, Return Receipt Requested. You will arrange for this at the post office by filling out a green form that is attached to your envelope. Once the postman delivers your mail to the collector, the post card is signed by the recipient, with date and time, then returned to you. Keep the green postcard with the copy of the letter you have sent. It is your proof that the collector received your correspondence. 
 - Sample Letters

Phone Communication

To bring a successful lawsuit against the debt collector, it’s important that you document all contact from the debt collector. Whether the contact is by phone, mail or in person, IMMEDIATELY write down the date, time, debt collector’s name and agency, and content of the conversation. To assist with documentation of collection phone calls, use a Collection Call Log. 
 - Collection Call Log

Third Party Contact

If a debt collector has contacted someone other than yourself about your debt, perhaps a relative, friend, neighbor or co-worker, it is very important to document that contact. Ask the person to write a statement indicating date, time, collector’s name and agency, and the content of the conversation. 
 - Third Party Contact Statement

Sample Letters

Some collections agencies and junk debt buyers have been obtaining arrest warrants against debtors. Even though consumers have rights under the FDCPA, arrests for debt are becoming more common, with consumers sometimes spending 48 hours in jail.  Some consumers have even had to stay in jail until they raised the minimum payment.  For people already facing financial hardship, it can be difficult to find the money.  According to the Star Tribune:

"The law enforcement system has unwittingly become a tool of the debt collectors," said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. "The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it."

How often are debtors arrested across the country? No one can say. No national statistics are kept, and the practice is largely unnoticed outside legal circles. "My suspicion is the debt collection industry does not want the world to know these arrests are happening, because the practice would be widely condemned," said Robert Hobbs, deputy director of the National Consumer Law Center in Boston.¹

Some of the collections agencies that have sought jail time against debtors include:

Unifund CCR Partners

Portfolio Recovery Association

Debt Equities LLC

Capital One Bank

To avoid a debt collection related arrest warrant, Don't ignore court notices!  Respond to any court orders regarding debt, even if you don't recognize the name of the collections agency. 

If you or a friend has been arrested for debt, CONTACT US. We will evaluate the details of your arrest and determine whether your rights have been violated or not.

(Source: ¹Star Tribune: In Jail for Being in Debt, June 9, 2010)