The Most Common Questions About Debt Collections

by Jon Ochs If this current economic slow-down has found you in a position of financial difficulty, ... that cannot be done by any non-attorney collection agency. Any company or law firm acting as a debt ... you may find yourself dealing with debt collection calls and letters. Here are some of the most [more...]

Date: 2008-10-21 19:54:23

Blog posts (159) | Videos (69)
 

Compliant Debt Collection

Far too many uninformed consumers give in to the overbearing intimidation and scare tactics of unscrupulous debt collectors, ... to them from debt collectors. The FDCPA is a strict liability law, which means that a consumer bringing ... Act.The Fair Debt Collection Practices Act is enforced by the Federal Trade Commission under its powers [more...]

Date: 2009-01-08 19:28:29

How to Research Debt Collectors & Understand the Law

This is the first guest post in a special How to Fight Debt Collectors series on Bargaineering.com. So you’ve received a debt collection call or letter… In this day and age where you have rampant foreclosures, layoffs and job losses, it is simply inevitable that an individual may come across a debt collector, and frankly even without these external factors, it may just happen by a chance wrong number or even being related to someone going through a hard time financially. [more...]

Date: 2009-09-28 11:02:18

California Court Approves Class-Action Lawsuit Against Debt Collector Accused of Abusive Tactics

Here is a press release I received from Public Citizen. I am forwarding it to you in case you were a victim of ACCS. WASHINGTON, D.C ... and described ACCS’s practices as “debt collection rather than law enforcement.”  Members of the class ... . - A California court has ruled that almost a million consumers who were victims of an overly [more...]

Date: 2008-12-04 23:16:45

August 20 roundup

Lawyers’ contingency fee is temptation to ethical corner-cutting in consumer debt collection, too ... -good “Donda West Law” but it won’t do much to keep impulsive clients from rushing into plastic ... fee, debtor-creditor law, endangered species, Indian tribes, legal discipline, medical, movies film [more...]

Date: 2008-08-20 10:32:48

There Is An Angel After All For Folks Facing Foreclosure

It seems there is at least one lawyer who is in business to help people facing foreclosure. Her name is April Charney ... to take possession of those homes. Her encyclopedic knowledge of contract law, debt-collection practice ... she help people in Florida, her knowledge is shared with lawyers in other states. She has given one day [more...]

Date: 2008-12-19 21:00:50

I Told Off The Debt Collector [Debt Collectors]

Some punkass debt collector called trying to get a hold of some lady he thinks my girlfriend knows. Here's roughly how the conversation went ... immediately. Muted. Under the Fair Debt Collection Practices act, debt collectors are allowed to contact ... break any rules, there's no law against having being condescending and arrogant. (Photo [more...]

Date: 2008-10-08 21:52:29

Restrictions on Wage Garnishment for Debt Collection

Many debtors that have defaulted on their credit card debt or other unsecured loans are concerned about their wages being garnished. Often collection agencies will threaten to turn your debt over to their ‘legal department’ ... for you… at no charge. The U.S. Department of Labor has developed The Federal Wage Garnishment Law [more...]

Date: 2008-11-30 16:13:23

Best Web Sites to Learn About Consumer Law Issues -- Our Chicago Consumer Attorneys Can Assist You in Your Lemon Law, Predatory Lending, Auto and RV Fraud, Unfair Debt Collection, Unfair Wage Practices Claims and Other Consumer Rights Lawsuits

[ consumer%20protection%20m-Chicago%20Consumer%20Protection%20Attorneys%20--%20Chicago%20Consumer%20Protection%20Lawyers%20--%20Chicago%20Class%20Act ... more trouble Managing credit card debt Stopping eviction, lockouts and utility shut-offs ... consolidation options How to find effective credit counseling agencies Alternatives to filing bankrupt [more...]

Date: 2009-01-04 18:28:31

Did collection calls contribute to Floridian's death?

Filed under: Credit , Debt Florida law firm Morgan and Morgan filed a first-of-its-kind lawsuit alleging that a company's collection calls were so frequent and harassing that they contributed to a person's death because they increased Stanley McLeod's blood pressure and stress levels. McLeod's debt problems stemmed from the fact that he had difficulty paying his mortgage because he had to quit his job at Sears after suffering a massive heart attack. [more...]

Date: 2009-09-17 19:00:00

Best Web Sites to Learn About Consumer Law Issues -- Our Chicago Consumer Attorneys Can Assist You in Your Lemon Law, Predatory Lending, Auto and RV Fraud, Unfair Debt Collection, Unfair Wage Practices Claims and Other Consumer Rights Lawsuits

[ consumer%20protection%20m-Chicago%20Consumer%20Protection%20Attorneys%20--%20Chicago%20Consumer%20Protection%20Lawyers%20--%20Chicago%20Class%20Act ... get them into even more trouble Managing credit card debt Stopping eviction, lockouts and utility ... while you get back on your feet. When you cannot ignore a particular debt without serious [more...]

Date: 2009-01-04 22:18:05

Homeowners bank on new ways to fight foreclosures

News & TrendsEarly this year, homeowners in Cleveland filed a class action against financial titan Deutsche Bank, ... activity” that flies in the face of state law and the federal Fair Debt Collection Practices Act [more...]

Date: 2008-12-12 07:19:00

Get Collection Agencies Off Your Back

This Article can be found at my blog: www.CreditTipsTricks.Blogspot ... : Dear (Insert Collection Agency Here)\, You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection Practices Act, that your services are no longer [more...]

Date: 2008-12-12 23:06:57

How To Get Collection Agencies Off Your Back, For Good

This Article can be found at my blog: www.CreditTipsTricks.Blogspot ... Commissions. Here's a sample Cease & Desist Letter: Dear (Insert Collection Agency Here)\, You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection [more...]

Date: 2008-12-12 23:10:08

How to Get Credit Card Debt Collectors to Focus Their Energy Elsewhere

Most of those people who cannot afford to pay their monthly minimum credit card payment become potential victims of the consumer debt collection industry. However, a growing number of consumers have found a law to protect themselves against credit card debt collectors. [more...]

Date: 2009-09-26 12:39:41

Anatomy of an International Debt Collection Case

Introduction In late June of 2003, I received an e-mail from Daniel Harris, who introduced himself as maritime lawyer from Seattle ... ://www.harrismoure.com and learned Dan owns a small international law firm in Seattle, called Harris ... to pay its debt. Bolshoretskoe’s debt to Daxin arose in July and December, 2002, when Daxin [more...]

Date: 2009-01-11 01:43:03

I ain’t your Bee-yotch….bitch!

+++warning!  foul mouthed rant ahead!++++ Despite the fact that there are 4 other folks in my office at any given time, ... the collection agency to stop calling for an employee, they are legally required to stop”.  (see the Fair Debt Collection Practices Act, governed by the FTC) Trust me, I’ve quoted this law to these blood [more...]

Date: 2008-09-05 15:08:48

Minnesotans may sue if a debt collector levies funds in a joint account

Back in November, I won an important decision for Minnesota consumers against Messerli & Kramer, a law firm that seems to handle the bulk of debt collection lawsuits filed in Minnesota. Messerli & Kramer served a levy on my clients’ bank for funds in their’ joint bank account, even though [more...]

Date: 2009-01-07 16:00:01

Insider Tips About The Chapter 13 Bankruptcy Forms

consumer law Chapter 13 bankruptcy forms are available to Americans in need to offer a second chance. You may berate yourself and wonder how you got into such a predicament, but the truth is that over one million people ended up filing bankruptcy forms in 2008 and the numbers are climbing in 2009. No matter what your case may be, you don’t have to suffer wage garnishment, foreclosure, repossession, insurmountable debts or harassing creditors and collection callers. [more...]

Date: 2009-09-08 17:54:32

News Roundup

Here are some law-related articles that recently came out: The Chicago Tribune reports that Afni, Inc., a debt collection company, must pay damages to 7,000 Cingular Wireless customers in Wisconsin who were illegally assessed collection fees. Florida attorney Tomas Gamba writes in a Miami Herald op [more...]

Date: 2008-12-10 04:15:05

Pre-Foreclosure Walkaways

From AP Mortgage law experts say the incentive to walk away from a home loan is highest in states that have anti-deficiency statutes, ... collection on an unsecured debt that can be readily dismissed. The bottom line really amounts ... , California, Connecticut, Florida, Idaho, Minnesota, North Carolina, North Dakota, Texas, Utah [more...]

Date: 2008-12-19 00:29:58

Anatomy of a Chinese Debt Collection Case

Introduction In late June of 2003, I received an e-mail from Daniel Harris, who introduced himself as maritime lawyer from Seattle ... Dan owns a small international law firm in Seattle, called Harris & Moure. I replied ... , 2003. Our task was to seize the pollock for Daxin to get Bolshoretskoe to pay its debt [more...]

Date: 2009-01-11 21:48:59

Clearer Tax Laws, Help for Struggling Taxpayers Urged

The seemingly endless reams of complex federal tax laws and regulations need to be simplified, ... Code New York Times: Gentler Tax Laws Urged on Debt Default CNNMoney: A Kinder, Gentler IRS? Wall ... on financially struggling taxpayers: "1) Make greater use of collection alternatives when economic [more...]

Date: 2009-01-09 17:03:22

Odd search keywords and phrases

One of the biggest sources of traffic to the Blogland is from search engine referrals ... and underhanded debt collection practices is still a top ten read), there are often well over 500 ... ", "insurance mailbox hit", "law hitting mailbox with car", and "offense for hitting a mailbox with car [more...]

Date: 2009-01-08 11:39:00

Anti-arbitration bills moving in the House

On Tuesday, the House Judiciary Subcommittee on Commercial and Administrative Law passed out three anti-mandatory arbitration bills, ... diligently on arbitration, yesterday released a new analysis of California debt collection arbitration [more...]

Date: 2008-07-16 14:15:31

Chapter 13:

Chapter 13: December 22nd, 2008 A Chapter 13 bankruptcy is also called a wage earners plan ... in Michigan. “We are a debt relief agency. We help people file for bankruptcy relief under ... . During this time the law forbids creditors from starting or continuing collection efforts [more...]

Date: 2008-12-23 01:38:35

Chapter 13:

Chapter 13: December 23rd, 2008 A Chapter 13 bankruptcy is also called a wage earners plan ... in Michigan. “We are a debt relief agency. We help people file for bankruptcy relief under ... . During this time the law forbids creditors from starting or continuing collection efforts [more...]

Date: 2008-12-23 04:22:27

Class action against debt collectors

Surely it would have been possible to line up a lead plaintiff who did not himself turn out to run a competing collection agency Tags: class actions , debtor-creditor law , Minnesota Related posts July 13 roundup (0) Yogurt marketing class action (1) Yet more from the publicity file (0) Yes, I’m being facetious (16) Xbox 360 lawsuit bogus? (0) [more...]

Date: 2009-09-29 04:30:35

Is It Time For A New Mortgage Calculator

If You Get A Call From Your Mortgage Company Realtor Federal and State laws are on the side of those who are in the unfortunate predicament of ... and respectability–as long as a collection agency is the one at hand, not the original creditor. Most people ... or personally involved in it. And very few realize that debt collectors are comprised of debt [more...]

Date: 2008-11-29 02:38:23

Can Collection Agencies Sue Me For Outstanding Debt?

Amazon.de Widgets The question that many people are asking is ‘can collection agency sue for a debt?’ With the amount of people suffering financial hardship due to the current economic crisis the number of people facing difficulties paying their bills is increasing rapidly and for the time being, at least, this trend shows no sign of reversing.Previously, lenders who had borrowers that had fallen into arrears would normally, only go as far as to post negative credit information upon the debtors [more...]

Date: 2009-09-29 11:34:48

Beating Collectors With Credit Repair

You may encounter a reasonable, mild mannered collector someday, but do not hold your breath. Collectors are trained to be emotionally effective. This means aggressive. They will keep you on the phone as long as they can in an attempt to bend your will to theirs. Their goal is to get money out of you, whatever it takes. Unfortunately, in their effort to dominate, they often step over the line of legality, and hence arises the need for credit repair techniques to neutralize their wayward conduct. [more...]

Date: 2009-09-25 15:17:42

D. Other Publishers

A number of publications from non-Nolo publishers have a wealth of information beyond what is in this book. The Ultimate Credit Handbook, by Gerri Detweiler (Plume Books), covers everything you’d want to know about credit ratings, credit cards, completing credit applications, protecting your credit privacy and many other topics. Surviving Debt: A Guide for Consumers, by National Consumer Law Center. NCLC is a nonprofit organization that normally publishes books to assist lawyers. [more...]

Date: 2009-09-24 02:03:01

Questions About Collections: Breaking a Lease

Dear Melissa, Thank you for being available for assistance on this nagging question. I am writing because I lost my job and am forced to move from my current home in Florida back up north on 10/1 and gave my notice to leave my lease/apartment w 60 days (per the lease) on 8/1.  Also, per the lease I have to pay $2000 to cancel my lease early.  I’m fine with that even though this is definitely a last resort.  But I can’t pay the $2000 up from or in one month.  I asked to make payment [more...]

Date: 2009-09-23 05:00:47

Forgiven Debt Really is Income

There was a pretty good post over at WiseBread yesterday on how if a credit card company forgives some of what you owe, what was forgiven is income you have to pay taxes on. On the one hand, this is a point worth repeating because it seems to surprise most people. On the other hand, the post neglects to mention an important exception, and, moreover, feeds into the belief that this is an irrational fluke of the tax code. It isn’t. It makes sense. You owe Credit Card Corporation (CCC) $5000. [more...]

Date: 2009-09-23 15:59:00

Your credit application and terms of trade work when it has to?

In times like these, every business dollar has to count and the loss of any cash out the back door by way unpaid accounts places needless pressure on the business cash flow. The provision of credit remains the foundation of the `Money Go Round’ for New Zealand businesses, enabling one entity to do business with another while providing goods and services on a basis of trust, but those goods and services must still be paid for within an agreed time frame if the business is to survive, and avoid [more...]

Date: 2009-09-24 06:07:56

A Bank Short Sale - The Only Way Out?

by Anthony Mauwer A bank short sale is definitely not the only way out of a foreclosure, but it has many advantages that far outweigh other alternatives. A borrower facing this type of situation is already struggling under heavy financial constraints and may not be prepared to deal with the complexities of a short sale. The important thing to understand is that if approved for a bank short sale, the owners could find themselves in the best position possible to buy another home in the future. [more...]

Date: 2009-09-26 19:27:41

What Is A Third Party Collection Agency?

by Jonathan Summers The word collection agency is generally applied to third-party agencies, labeled as such due to the fact that they were not a party to the original contract. The creditor places accounts directly to such an agency on a contingency-fee basis, which ordinarily at first costs nothing to the creditor or merchant, except for the cost of communications. This anyhow is dependent on the individual service level agreement that exists between the creditor and the collection agency. [more...]

Date: 2009-09-23 18:41:54

Operation Rollback

Posted by Review-a-Day, September 29th, 2009 3 CommentsFiled under:Review-a-Day. The Retail Revolution: How Wal-Mart Created a Brave New World of Business by Nelson Lichtenstein Reviewed by Jefferson DeckerThe Nation In October 2003 employees at more than 800 chain supermarkets in California walked out of their jobs after management demanded pay cuts and a reduction in health insurance benefits. [more...]

Date: 2009-09-29 09:54:00

Anger is BREWING…Newsletter 9/25/2009

Anger Is Brewing Newsletter Volume 26 September 25, 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ in this issue Cap and Trade / HR 2454 Pants on Fire Action How & Now ACORN: Federally Funded Fraud HR 1207 / Federal Reserve Transparency Act Greetings! Anger is Brewing is on track for a fast and furious ACTION packed rest of 2008.  We have our work cut out for us! [more...]

Date: 2009-09-25 20:56:36

Find Out What Debt Validation Means And Why It’s Important

Imagine getting a phone call or a knock on the door, and when you answer it, a person called Victor says that he been authorized by someone name Joe to collect a debt that you owe him, and it’s true that you do owe somebody called Joe some money. Even if you had the money, and knew that you owed it, would you pay this new person on the scene? I’m pretty sure that you wouldn’t even consider for a moment giving Victor any money, until you were 100% sure that he was really acting on Joe’s behalf. [more...]

Date: 2009-09-26 20:20:24

Vehicle Repossession: How To Pay The Deficiency Balance

Amazon.de Widgets When you finance or lease a vehicle, your creditor or lessor has important rights that end once you’ve paid off your loan or lease obligation. These rights are established by the contract you signed and the law of your state. For example, if you don’t make timely payments on the vehicle, your creditor may have the right to “repossess” — ­or take back your car without going to court or warning you in advance. [more...]

Date: 2009-09-22 04:20:47

ScamBuste 286

NOTIFICATION OF PAYMENT VIA ATM CARD This is to officially inform you that we have verified your contract/inheritance file presently on my desk, and I found out that you have not fulfilling the obligations giving to you in respect to your contract payment. Secondly, you are hereby advised to stop dealing with some non-officials in the bank as this is an illegal act and will have to stop if you so wish to receive your payment immediately. [more...]

Date: 2009-09-29 08:54:51

The Global Carry Trade and the Crimes of Patriots

This article was submitted by The Institutional Risk Analyst “In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipotent teacher. For good or ill, it teaches the whole people by its example. If government becomes a lawbreaker it breeds contempt for law: it invites every man to become a law unto himself. [more...]

Date: 2009-09-28 15:37:24

IRS offers help to financially strapped taxpayers

IRS officials say the agency is ready to help the many taxpayers who are facing extraordinary financial difficulties this year and unable to pay ... : Postpone collections: IRS employees will have greater authority to suspend collection actions in certain ... problem, IRS staff may be able to suspend collection without documentation to minimize burden [more...]

Date: 2009-01-07 20:19:58

Prodigy Law Group Receives Congressional Recognition

Prodigy Law Group Receives Congressional Recognition IRVINE, Calif., Sept. 24 /PRNewswire/ — Prodigy Law Group was recently presented with a special Certificate of Congressional Recognition from the office of U.S. Congressman John Campbell (California 48th District). The certificate was presented in recognition of the firm’s outstanding and invaluable service to the community and its efforts to provide legal assistance to consumers and small business owners. [more...]

Date: 2009-09-25 00:22:49

Writing Your Debt Collection Dispute Letter

This is the second guest post in a special How to Fight Debt Collectors series on Bargaineering.com. Writing a debt collection dispute letter is the first line of defense against a debt collector. Make them prove that the debt is legitimate before you do anything. Just because they have your name doesn’t mean the debt is legitimate. If you don’t remember it or you remember paying it off, a dispute letter can help you resolve it quickly. [more...]

Date: 2009-09-29 11:01:53

Kansas Supremes ruling could invalidate foreclosures on 60 million mortgages

Global Research - Landmark Decision: Massive Relief for Homeowners and Trouble for the Banks : A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. [more...]

Date: 2009-09-23 01:36:02

How to Fight Debt Collectors Series

Starting next week, we will be publishing a series of articles in a new feature series called How to Fight Debt Collectors . I’ve tapped the expertise of Craig Cunningham, known as Codename47 on the Fatwallet Forums, who has been a citizen warrior in the fight against debt collectors. If you have a debt collection problem and you post it on the Fatwallet Finance Forums, the first name that everyone recommends you message is Codename47. [more...]

Date: 2009-09-25 16:46:12

Gates of Vienna News Feed 11/12/2008

Some headlines to look at:“Muslim Killed Catholic Girl in Love With Flatmate”“London Fundraisers Linked to Stoning of 13-Year-Old”“Possibly Tens of Thousands of Somalis in the US Illegally”“New Anti-Christian Attack in Mosul, Two Sisters Killed”But then there’s this:“Denmark: Ready to Ban Headscarves for Judges”So it’s not all bad news [more...]

Date: 2008-11-13 04:52:00

IRS Bad Guy Image Dwindling?

Apparently, the IRS isn’t always the “bad guy”, and you may want to take their advice if you owe taxes right now ... during these tough times.” “We need to ensure that we balance our responsibility to enforce the law ... the IRS can provide assistance: Postponement of Collection Actions: IRS employees [more...]

Date: 2009-01-07 19:13:14

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