Call me jaded, but the Florida Uniformed Servicemembers’ Protection Act is a junk consumer law. The Florida Uniformed Servicemembers’ Protection Act was enacted by the Republican led legislature over twenty years ago to make a lot of noise about how much the GOP loves veterans. Like most consumer statutes…
Articles Posted in Creditor Harassment and FDCPA
Filing Bankruptcy? Don’t Forget to Disclose any Potential Consumer Claims or Risk Loss
Bankruptcy is all about full disclosure. Tell the trustee or court whatever assets you have and in return you receive a full discharge of most debt. The reason I say most debt is because there are rules re: IRS debt, student loan debt and secured debt such as vehicles, 401k…
Has Someone Signed Your Name to a Debt?
What should you do if you are being harassed for a debt that you did not sign for? Here are some ideas: If you acted as a power of attorney (POA) for another, the creditor is likely violating several consumer statutes for unlawfully collecting a debt against you. We can…
When do you Need an Attorney?
Can I do All This Myself or Do I Need an Attorney? Yes, dealing with your debt is something you can do yourself. But like anything, sometimes it is better to hire someone who does this day in and day out. Particularly if you have a lot of debt or…
Credit Check Step by Step
Credit reports have more errors than ever right now. Student loans, car loans, really – any kind of credit out there, is often reported inaccurately on your credit reports. It costs you nothing to have us take a look. Our Fair Credit Reporting Act cases are ALL on a contingency…
Least Sophisticated Debtor Test and Strict Liability Under the FDCPA
Consumer complaints in Florida have a few things going for them that can make them easy to prove. One of the things that benefits Florida consumers is our use of the “least sophisticated” debtor test. What does this actually mean? A person’s individual capacity to understand a collections letter is…
Are You Being Contacted by a Debt Collector for an Old Debt?
When is it time to ignore calls versus doing something about them? If you are being harassed or threatened collection actions on old debt, there are many things to consider. First, a legitimate collector is required to send you something in writing within five days of the initial contact under…
How do Attorney’s Fees Work in Florida and When Does it Make Sense to Sue?
People are often confused about how attorney’s fees work – when do you have to pay your own, and when does the losing party have to pay? This question is very important when you are faced with a decision of whether to “take someone to court”. In the United States,…
What Can’t a Debt Collector Do or Say?
Now that debt collectors are back and moratoriums are falling away, this is a good opportunity to remind Florida consumers about limitations that bind debt collectors. Basically, things they may do or say that could get them into trouble, and give you recourse to sue or settle or more favorable…
Debt Collection Limitations During COVID-19
I’ve written quite a bit recently about the Department of Education’s recent announcements to halt the accrual of interest and collections of certain federal loans. Direct Loans and some FFEL loans are automatically being placed in forbearance until September 30, 2020. Importantly, these COVID-19 related protections do not apply to…