Debt Collector Harassment

Debt Collectors: Who They Are And The Laws That Stop Them

08/13/12

Debt Collection Companies: What You Need To Know When you fall behind on a debt for an extended period of time, creditors will often send your account to “collections.” As many of you probably already know, this means that you will have a debt collector calling and writing to you in an attempt to collect [...]

[more]

Eleventh Circuit: No Such Thing as a “Harmless” Debt Collection Lie

04/06/12

Debt Collectors Cannot Use False or Misleading Statements to Collect a Debt Under the Fair Debt Collection Practices Act (FDCPA), a debt collector is prohibited from using false or misleading statements in order to collect a debt. A new decision out of the 11th circuit, reminds us that this rule is to be taken literally [...]

[more]

Debt Collectors Stoop to New Low: Credit Cards in Exchange for Expired Debt

02/11/12

Debt Collectors Offering Credit Cards With a Catch… Just when you thought debt collectors couldn’t get any lower, that they couldn’t be any more obnoxious or unethical, they started offering credit cards in exchange for paying expired debt. Yes, you read that right. The Wall Street Journal recently ran a story outing the relatively new tactic [...]

[more]

I’m Not Current on May Car Payments, Do I Have Options in Chapter 13?

02/06/12

When you are considering bankruptcy, you have often been behind on payments for months.  You have run up credit card debt, and missed payments on your car and mortgage.  And now, perhaps your lender is threatening to repossess your car.  What are your options in Chapter 13 bankruptcy? In Chapter 13, unlike Chapter 7, you [...]

[more]

Wells Fargo Account Freezing Okay in Some States, Not In 9th Circuit

01/30/12

Wells Fargo Freezing Accounts of Bankruptcy Debtors For years, Wells Fargo has taken an unusual and sometimes unpopular stance with regard to the bank account funds that bankruptcy filers have at their branches.  Every evening, Wells Fargo checks the notices of new bankruptcy cases, and freezes the bank accounts of people who have filed bankruptcy [...]

[more]

After Bankruptcy: Get Organized and Start to Rebuild

01/12/12

As a Dallas bankruptcy attorney, I find that many people leave bankruptcy with little knowledge of what to do next. Obtaining a fresh start is great, but knowing where to go and what steps to take next are crucial for financial success after exiting bankruptcy. Organize Your Documents The best thing anyone can do after [...]

[more]

Bankruptcy Filings Lower in Arizona Than Last Year

11/09/11

Bankruptcy Filings Lower in Tucson, Arizona and Phoenix, Arizona Than Last Year   Arizona bankruptcies have been declining in number for the last 9 months.   Statewide filings fell 23 percent in October of 2011, and overall bankruptcy filings are down 13 percent from 2010 so far this year. Bankruptcy has been filed more than 106,000 [...]

[more]

Ten Things to Consider When Talking To Debt Collectors

11/04/11

No one enjoys repeated phone calls from mysterious numbers with voice messages containing the following: “we are calling to discuss an important business matter concerning [you!]” .  There are a few things to know when speaking to a debt collector that can help you understand your rights and their motivations. 1. Debt collectors are not [...]

[more]

Credit Card Lawsuit Defenses

10/10/11

So you have been sued and are wondering what to do next.  The first thing aside from having a lawyer review the Complaint is to carefully read everything yourself and determine how long you have to file an Answer at the Courthouse to avoid a default judgment.  Most credit card lawsuits end in default judgment [...]

[more]

Banks Foreclose on Homes With No Mortgage!

08/05/11

 In the current home foreclosure crisis, it seems some banks have become trigger happy.   It has become a bit of a recent anomaly why banks have suddenly and mistakenly gone after some homeowners with whom they have no claim.  Recently, Bank of America mistakenly brought a foreclosure action against a couple who had bought their [...]

[more]