Posts tagged as:

debt collectors

How not to defend a debt collection lawsuit

March 26, 2009

When I worked as a collection attorney, I would see the same erroneous defenses over and over again. Here are some of the most common:
You don’t have a signed contract
Somewhat surprisingly, creditors are not required to produce a signed contract to prevail in court. There are others case theories, such as account stated, that may [...]

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90% of life (and defending debt buyer lawsuits) is just showing up

March 25, 2009

Although skeptics argue that Woody Allen’s famous observation over-simplifies the path to success, consumers sued by debt buyers will benefit from following Woody’s advice.
Of course, a debt buyer is a business that purchases debt from the original creditor and then sues consumers to collect the debts. Because the debt buyer did not originate the debt, [...]

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How To Keep Debt Collectors Out Of Your Pockets

November 19, 2008

How To Keep Debt Collectors Out Of Your Pockets | New York Consumer Litigation

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Debt Collector Charged as Fake Cop

November 19, 2008

Debt Collector Charged as Fake Cop | WSB Radio

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Debtors complain of abusive bill collectors; the bill for the easy-credit years has come due

October 30, 2008

Debtors complain of abusive bill collectors; the bill for the easy-credit years has come due | Star Tribune

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More on the fake debt collection scam

August 22, 2008

Pete Barry was on the Morning Show with Mike and Juliet this morning. His advice on making sure you are not dealing with a rogue debt collector: make sure you get an address and phone number, at least.
But in the end, it can be hard to know whether the collector on the phone is legitimate. [...]

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What to do when a debt collector calls

August 15, 2008

Getting a phone call from a debt collector can be very upsetting. Often, they ask for more money than you think you owe or call about a debt you may not remember. But whether or not you owe the debt, there are a few important steps you need to take to make sure you protect [...]

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Medical debts are covered by the FDCPA, too

August 12, 2008

Although we spend a lot of time on debt collection and credit cards, more consumers are experiencing problems with medical debt than anything else. In fact, some consumers’ credit card debt may be linked to medical bills, as well. The fact that so many Americans cannot afford healthcare is a political problem, but debt collectors [...]

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Debt collectors on the rampage

July 7, 2008

“More consumers are finding themselves the target of aggressive agents who don’t always play by the rules. Here’s what you need to know.” Debt collectors on the rampage | CNN

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Two consumer law CLE seminars coming up

May 18, 2008

I am teaching two continuing legal education seminars on consumer law in June. My presentations tend to be engaging (I don’t have the patience for boring presentations even when I am giving them), informative, and well-attended. Register early!

June 10th at 9 a.m. Offensive Defense: An Introduction to Protecting Consumers from Unscrupulous Debt Collectors, 1 hour [...]

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Monday consumer blog roundup

May 12, 2008

Here are the blog posts I starred in Google Reader last week. (If you use Google Reader, you can subscribe to my shared items.)

The Alphonso Jackson Legacy. Mark Ireland comments on the Washington Post’s look at the legacy of HUD chief (and Bush appointee) Alphonso Jackson. While Jackson oversaw the government body in charge of [...]

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Pete Barry on abusive debt collectors

May 7, 2008

My officemate, Pete Barry, was on the local Fox 9 News last night in a story about abusive debt collectors, especially one of his clients. The segment includes some of Pete’s “greatest hits” from his cases, including some pretty impressive language and threats.

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Tax refund is (usually) happy season for debt collectors

April 22, 2008

You know who I’ll bet is really happy about the stimulus checks coming next month? Debt collectors. Tax refund is (usually) happy season for debt collectors, and this year they get two bites at the apple.

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Debt collection complaints going up; what to do if you get a call

March 22, 2008

According to the FTC, consumer complaints about debt collection abuse were up significantly in 2007 (PDF link). This is hardly surprising, as debt has been plentiful and cheap lately. Complaints will almost certainly go up in 2008, since credit card borrowing is way up along with credit charge-offs.

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New form: request for validation letter

February 6, 2008

Pursuant to the Fair Debt Collection Practices Act, a debtor has 30 days after the first written communication from a debt collector to request validation of the debt. This form letter is a convenient form for requesting validation of the debt (PDF link). The form is a simple, fill-in-the-blank form. Keep a copy for yourself [...]

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Debt collectors and wrong numbers: how to handle a case of mistaken identity

February 5, 2008

Debt collection is something that everyone has to deal with. Case in point: a debt collector just left a message on my mom’s answering machine, where I have not lived for eleven years. My credit report is squeaky clean–I just checked–but apparently there is another Sam Glover out there who has worse luck.
Every time you [...]

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Follow up on the “SHIT FACE” letter

February 2, 2008

The AP reports that the lucky recipient of the “Dear SHIT FACE” letter is planning to sue Nationwide Collections next week. Nationwide’s excuse–”shit happens”–is not likely to hold up in court.
(As an aside, are the national media outlets allergic to citing their sources? This blog broke the story, but neither the AP/MSNBC nor ABC deigned [...]

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Debt collectors in the US may not be so bad, after all

January 9, 2008

Not compared with debt collectors in India, anyway.
Vinod Kumar was sitting in a friend’s car listening to the radio one evening last January when a stranger appeared, yanked him from the vehicle and beat him with an iron bar.
To collect a debt, that is. Here in the good ol’ USA, debt collectors still rely on [...]

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Caveat Emptor playlist: phone calls with American Credit Collections

December 17, 2007

The ACC representative in these calls says things like “I’ll go to any length I have to in order to embarrass you” and “the verification of your debt is that you paid it for two years.” Count the FDCPA violations, if you can!
Related:

Caveat Emptor playlist on YouTube

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Sentry Credit will send soldiers to make you pay your debt

December 5, 2007

Sentry Credit is not only “vigilant about your business,” the company’s website features a combat soldier, and its logo is a soldier slashing with a sword. Sentry promises that “Whatever percentage recovery you get today, we’ll get you more.”
Apparently by sending the militia.

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