Randall Ryder

Randall Ryder

Randall Ryder represents consumers who have been harassed by debt collectors and defends consumers in debt collection lawsuits. Many of these cases involve student loan debt, as well.

Served By a Debt Collector? What To Do Next

Getting served with a debt collection lawsuit is one of the more upsetting things that can happen to you. When a process server hands a summons and complaint to you (or to someone you live with who can accept service), it means a debt collector is dragging you into the legal system.

And while getting served with a debt collection lawsuit is not fun, it is not the end of the world. In fact, that summons and complaint—legal process—provides rights to both parties to the case. Which means as a defendant in a debt collection lawsuit, you now have access to tools to defend yourself.

Let’s take a look at the first few parts of a lawsuit to try to dispel the fear and misunderstanding.

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Current Balance vs. Payoff Amount

Payoff amount and current balance are related but not equivalent terms.

Current balance means the amount you owe according to your statement. The next day, you will owe more. In other words, if you are trying to pay off a credit card and the statement says your balance is $514, you may not be able to bring your balance to zero and satisfy the debt by writing a check for $514. Instead, you would need to contact your lender to find out your payoff amount.

Payoff amount is how much you would have to pay to satisfy the debt. It is not the same amount as the current balance on your statement—at least not for long.

The difference between the current balance according to your statement and the payoff amount is crucial when you are ready to pay off your debt.

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How Not to Defend a Debt Collection Lawsuit

This article is a list of defenses that do not work. If you would rather find out what you should do, click over to “Served By a Debt Collector? What To Do Next“.

Most debt collection lawsuits are handled by overworked and unsympathetic debt collection attorneys. With that in mind, focus on your best defenses to the lawsuit. Here are some of the weaker defenses, which you should avoid.

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I Can See Russia and Lots of Credit Card Debt

Alaska, where you can allegedly see Russia from, has more consumer credit card debt per person than any other state in the nation, according to a new study.

On average, every American citizen has $5,165 in debt. Alaska is well above that number—the average Alaskan owes $7,135.

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Dislike? Collector Contacts Debtor’s Relatives Through Facebook

Facebook can be a wonderful way to keep in touch with old friends that live in faraway places. The danger, of course, is that if your privacy settings are not correct, all kinds of people can track down and view your digital identify—including debt collectors.

In Florida, a consumer recently filed suit after a debt collector allegedly used Facebook to contact a debtor’s relatives in an attempt to collect on a debt.

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Foreclosure Lawyer Investigated For Mortgages with Clients

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Last week I wrote about the various ways that consumers can afford a foreclosure defense attorney. New York has passed a law allowing consumers to recoup attorney fees and at least one attorney in Florida is allowing clients, under certain conditions, to take a mortgage with his firm.

That practice might be short lived—he is now under investigation by the Florida bar.

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New Mortgage to Pay Foreclosure Defense Attorney?

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Even before a number of big banks stopped foreclosure proceedings because of issues with robo-signers, consumers with money were fighting foreclosures across the nation. New York recently passed a law (effective next year) that allows consumers to recoup their attorney fees if they fight a foreclosure and win.

Not every state has a similar law, however. As a result, some consumers are agreeing to a new mortgages with their foreclosure attorneys.

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Debt Collector Allied Interstate Pays $1.75 Million Fine

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In an effort to resolve federal allegations, debt collector Allied Interstate has agreed to pay a $1.75 million dollar fine. Allied Interstate was accused of collecting on debts that people did not actually owe, contacting third parties, and threatening legal action that it did not intend to take.

Unsurprisingly, this type of behavior is illegal.

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Illinois Gets $23.7 Million Judgment Against Debt Collection Law Firm

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In a somewhat surprising role reversal, the state of Illinois was awarded a $23.7 million dollar judgment against the law firm of Friedman & Wexler and two attorneys from the firm. The state had previously used the law firm to collect debts on behalf of the state.

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Biggest Source of Consumer Debt? Student Loans

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When people think of consumer debt, they think of credit card debt. According to the Federal Reserve, however, student loan debt has now surpassed credit card debt among consumers.

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