How much is too much? Unfortunately, the Fair Debt Collection Practices Act and its Florida counterpart do not specify a particular number of calls per day that a creditor can make when trying to collect a debt. An older Florida case is somewhat illustrative in finding the answer. In Story…
Useful information can be obtained from the Consent Orders relating to improper debt collection activities obtained by the Consumer Financial Protection Bureau. Recent orders applicable to Fred Hanna, Encore Capital Group, Inc., Midland Funding, LLC, Midland Credit Management, Inc., Asset Acceptance Capital Corp., PRA, LLC, Porfolio Recovery Associates, Chase Bankcard…
If a creditor waits too long to sue, the creditor can be barred from ever bringing suit. The purpose of having a statute of limitations is so that lawsuits are brought when the matter is still fresh: before documents are destroyed and memories fade. If they can no longer bring…
Have you just learned you’re being sued by one of these companies? National Collegiate Student Loan Trust CACH LLC Midland Credit Management Portfolio Recovery Associates Sherman Acquisition West Asset Management NCO Portfolio Transworld Cavalry Portfolio These companies have probably purchased debt that you may or may not owe. There are…
How many consumers are sued every day by a debt buyer they’ve never heard from in the past? This is extremely common and presents an excellent defense for those knowledgeable enough to use it. One of the best tools we have as a consumer lawyer fighting collection actions brought by…
A three judge panel federal court ruled recently against Dell Computer when Dell continued to use an automated dialing system to make debt collection calls to a consumer. This consumer had written Dell asking it to stop calling her cell phone. Dell ignored the letter. The 3rd Circuit Court of…
In Florida, typically someone who is sued is served with the lawsuit and given 20 or sometimes 30 days to file a response. If the lawsuit was filed in small claims court, you are given a date to appear at a pretrial conference instead of filing a written response. The…
Here’s an example in Tampa, Florida this month for one of our foreclosure clients who wanted to keep her house and avoid the possibility of a deficiency judgment: New monthly payment: $933.45 with escrow Old monthly payment: $1,491.35 New interest rate: 4% fixed Old interest rate: 7.75 % fixed Term:…
Creditors are busily sending out more 1099C’s then ever before according to a story by Jeremy Campbell of Channel 13 in Tampa, Florida this week. The news story “How the IRS taxes debt” explains that debt settlements while good, come with a penalty. Consumers are taxed on the forgiven debt…
I often sit with my clients in Tampa, Florida and perform a simple test: I make two columns on a piece of paper and list the pros and cons of filing bankruptcy versus trying to settle their debt. More often than not, the bankruptcy column has many more pros, while…