Abusive Debt Collectors

Abusive debt collectors are like bullies. If you don’t take action, they get worse. If you fight back, they tend to go away. Learn how to fight back using the laws.

What if I win my Small Claims or District Court collection case?

So you won the collection case filed against you by Cavalry, LVNV, Midland, Portfolio, etc — now what does this mean? First, congratulations for winning!  Most people never answer the lawsuit, so they lose. And even when they answer the collection suit, most don’t show up to their own trial!  So they lose. And the ones that do show up, often settle as they don’t understand that the collector (Asset Acceptance, Cavalry, LVNV, Midland, Portfolio, etc) has to prove you… (Read more)

“Why handle your FDCPA case on your own?”

Occasionally we will get calls or emails from consumers who say they believe they have a valid FDCPA (Fair Debt Collection Practices Act) case and they either tell us they will handle it on their own or they ask what we think about it. Let’s talk about the two motivating factors the drive this desire to handle the case “pro se” — without a lawyer — and then we’ll talk about whether it makes sense to do this. Motivating Factor… (Read more)

“Who is LVNV Funding, LLC and what do they want from me?”

“So who in the world is LVNV Funding, LLC?” It’s a debt collector that is either collecting an old debt or suing you in Alabama state court. LVNV will claim to have bought your debt from some other company.  Here is a typical pattern of how the debt goes: Chase -> Midland Funding (or some other debt buyer) -> A second debt buyer -> LVNV. And actually there are multiple “related” companies of LVNV that claim to buy the debt… (Read more)

“What do I do if I’m sued by a debt collector in the wrong county?”

Being sued by a debt collector is bad. Being sued by a debt collector in the wrong county is even worse.  That’s why it is against the law. What can you do in the state court collection case? If you were sued in a county other than where you currently live, you normally can ask the judge to transfer the case to your home county. If you are sued in Small Claims court, then you will receive a “form answer”… (Read more)

“I’m getting phone calls from Portfolio Recovery — what do I do?”

Portfolio Recovery Associates is a huge debt collector based out of Virginia that sues about a 100 Alabama consumers a week and makes countless calls to consumers every day.  If you are getting calls, what in the world should you do?  Answer them?  Ignore them?  Block them?  Let’s talk about this. (If you have been sued, feel free to read our article or watch the video on your 5 options when sued in Alabama by a debt collector such as… (Read more)

“How do I send my dispute letter to the debt collector?”

If you are dealing with a debt collector, you have the right to send a dispute letter.  We have a simple dispute letter for you to look at and use if you wish.  But how do you actually send it? First, keep a signed copy of your letter. Second, send it certified mail return receipt requested so you will get a green card back. Third, when you get the green card back, scan it in (or take a picture of… (Read more)