Articles – Sued By A Debt Collector
Three Time Periods For Collectors To Collect Debts
Alabama consumers often ask “How long can the collection agency collect against me and what is the Statute of Limitations on credit reporting and suing?”
This question actually touches on three separate time limits.
First, a collector generally has three or six years to sue you. This is the statute of limitations. Also, to be precise, a collection agency must actually own the debt to sue you.
Second, a collector can report a negative item on your credit report for… (Read more)
I’m Nervous About Giving A Deposition — Is This Normal?
It is normal to be concerned when your deposition has been scheduled. A deposition is when you will be questioned by lawyers and you will give your answers under oath.
As we show in the video above, however, you can break down each question that comes your way into a four part process:
Make sure you hear the question;
Make sure you understand the question;
Make sure you think about the truthful answer; and
Only answer the question asked.
Now,… (Read more)
Why Is Holloway & Moxley Calling And Writing Me?
Holloway & Moxley is a Montgomery, Alabama, collection lawfirm. If you are receiving calls and letters from them, it probably means you are either about to be, or already have been, sued by one of their clients.
Holloway & Moxley normally represents the following companies in lawsuits:
Capital One
LVNV
Midland Funding
Portfolio Recovery
They represent others but these are the ones we see the most often.
If you are getting contacted by Holloway & Moxley — take it very… (Read more)
Turn The Collection Lawsuit Into A Suit Against The Debt Collector
You’ve been sued by a debt collector (debt buyer) like Asset Acceptance, LVNV, Midland or Portfolio Recovery. You know that you don’t owe any money to the debt buyer and you know the debt buyer normally either can’t or won’t prove it owns the debt.
Do you just have to accept that you have sued by some bogus debt collector or is there anything that you can do about it?
Well, come along with us and let’s explore some options… (Read more)
How Bad Is A Collection Case Judgment In Alabama?
A judgment against you in an Alabama collection case is very bad for several reasons.
Four Negative Results From Collection Judgments
First, it is a judgment and that damages your credit report.
Second, you can have your wages garnished.
Third, you can have your bank account garnished.
Fourth, the judgment earns interest at 12% which means that the judgment, if not paid, will double in approximately 6 years. And then double again in 6 years. And it keeps on repeating….… (Read more)
Winning Through Intimidation: Debt Buyer Lawsuits In Alabama
Debt buyers sue in Alabama — normally without any proof — but yet they recover millions of dollars from consumers who almost certainly don’t owe the debt buyer.
How does this happen?
Simply through intimidation….
Getting threatened with a suit is enough for most folks to pay — even to pay the wrong company. Even to pay a debt buyer who does not own the debt.
But then when you get sued — talk about intimidating!
A sheriff knocks on… (Read more)
Have You Won Your Debt Collection Lawsuit Against LVNV? Now Finish It….
If you have won your Alabama collection lawsuit that the giant debt buyer LVNV Funding, LLC filed against you, then congratulations but understand that your victory is not complete yet.
LVNV may still be illegally collecting against you even though the case was dismissed with prejudice or you received a judgment in your favor.
Keep reading to find out more about your rights to make sure LVNV is not still illegally collecting against you — if it is, then understand… (Read more)
Alabama Consumer Lawsuits Against LVNV For Illegal Collection Actions
Many Alabama consumers have been sued by the debt collector/debt buyer LVNV Funding, LLC. All cases we are aware of where the consumer fought back, LVNV has lost the collection case.
This is because LVNV files suits, at least the ones we have been involved in, with no apparent intention of ever proving its case. These cases seem to be filed simply to obtain default judgments.
In our judgment this violates the Fair Debt Collection Practices Act (FDCPA).
But you… (Read more)
What Does An Appeal To Circuit Court In My Collection Case Mean?
Most collection cases in Alabama start off in District Court which includes Small Claims Court. The losing party, however, has the option to appeal to Circuit Court within 14 days as a general rule.
When the appeal occurs, the case starts over in Circuit Court. Either party can demand a jury. Either party can serve discovery to gain information from the other side. The Circuit Court judge does not base his or her decision on what happened in District Court.… (Read more)
Why Answering A Debt Buyer Lawsuit With “I Don’t Have A Job” Or “I Don’t Have Any Money” Is Not Effective
As more and more Alabama consumers come to see us about being sued by debt buyers, we are seeing more answers that have been filed by our clients. One type of answer is becoming more popular and we wrote this article to explain why it is not a good idea to put on your answer that “I have no job” or “I have no money” or “I only draw disability income”.
In your answer you need to tell the court… (Read more)
Why You Should Not File A Counterclaim To A Debt Buyer Lawsuit
Why You Should Not File A Counterclaim To A Debt Buyer Lawsuit
We receive many calls and emails from Alabama consumers who have been sued by debt buyers and a good number of these consumers have filed counterclaims when sued by a debt buyer. We generally do not do this for our clients. Here are some of the reasons.
First, it can complicate an otherwise simple case. The debt buyer sued you. The debt buyer must prove you owe money… (Read more)
Why Debt Buyers Must Delete Credit Reporting When They Lose Their Collection Case Against You
When Alabama consumers are sued by debt buyers, this is a very disturbing event. Fears of losing . . . fears of being garnished . . . fears of being forced into bankruptcy enter the mind.
But when the battle is finally over and the Judge announces “Verdict in favor of the defendant (consumer)” there is great joy. The case is over. The debt buyer has lost.
But what about the credit reporting by the debt buyer? If you have… (Read more)
Suing You After The Statute Of Limitations Expires Violates The FDCPA
DEBT COLLECTORS WHO SUE YOU AFTER THE STATUTE OF LIMITATIONS EXPIRES VIOLATE THE FDCPA
Being sued by a debt buyer is not a pleasant experience, particularly if the debt is so old that you cannot remember the details of it. The law recognizes this and requires that suits be brought within a certain time period – the statute of limitations – and if the suit against you is filed after the statute of limitations has expired several things should happen.… (Read more)
Debt Collectors Who Threaten To Sue On A Time Barred Debt Violate The FDCPA
Debt Collectors Who Threaten To Sue You On A Time-Barred Debt Violate The Fair Debt Collection Practices Act
This is a common problem – debt collectors in general (and debt buyers in particular) – will get debts that are clearly outside the statute of limitations in Alabama (either 3 or 6 years) and they will threaten to sue you. This is a violation of the FDCPA (click here if you would like to read our FAQ on stopping abusive debt… (Read more)
Debt Collection & Its Impact On Your Credit Report
Debt collection can have significant credit history impact. This article is designed to help you understand how debt collection will affect their credit reports. We can help you understand your rights and protection under the law.
To schedule a free confidential consultation with a lawyer dedicated to helping consumers, contact us or call our Birmingham office at 205-879-2447 or 205-714-4443.
Important Facts for Consumers Facing Debt Collection
Debt collectors and debt buyers do have the right to put a note… (Read more)
FAQ About Being Sued By A Collector In Alabama
What to Expect When You Are Being Sued Questions and Answers Regarding Lawsuits
At Watts Law Group, P.C. and M. Stan Herring, P.C., our consumer protection attorneys have more than 20 years of experience in helping consumers who are being sued. These lawsuits are usually filed by debt buyers who are trying to collect on a debt – but we understand that you might not owe the debt, and even if you do, the debt buyer may be violating the… (Read more)
If I Win, What Happens Next?
After Success in a Debt Collection Lawsuit: Next Steps
Fact: A debt collection lawsuit is essentially a claim that a consumer owes money.
Fact: If the debt collection lawsuit was dismissed with prejudice or if the judge ruled in favor of the consumer, the final decision is that the debt is not owed to the debt buyer. Collections must stop.
Fact: A debt buyer cannot continue to report a debt that a judge has decided is not owed.
At Watts… (Read more)
I Got Sued and Won – But It’s Still On My Credit Report
I got sued and won- but it’s still on my credit report – what do I do?
If you have been sued by a debt collector or creditor, you should obtain counsel immediately. Many of the attorneys representing these groups are very good lawyers and have handled literally thousands of these same type suits. However, just because they sue you does not mean they are entitled to win automatically or obtain a judgment against you.
Like any other lawsuit, they… (Read more)
I’ve Been Sued – What Should I Do?
Being sued in Alabama by a debt buyer (Asset Acceptance, LVNV, Midland Funding, Portfolio Recovery Associates, Unifund, etc) is a frightening thing – particularly when it is by a debt buyer that you have never heard of before the suit.
The first thing to do is request our Free Report – The Five Secrets Debt Buyers Don’t Want You To Know. This report exposes five things that debt buyers hope you will never discover because understanding these five secrets will give… (Read more)