When we have a consultation we need certain information from you including a timeline of what happened when. Sometimes potential clients don’t want to get us documents — they say, “I have a specific question and I just want you to answer that one question. I don’t need to share any other information with you.” We respectfully decline to consider letting these folks be our clients as the relationship will never work. While these folks think there issue is a… (Read more)
First off, congratulations! Most people do nothing when they’re sued. You took action. You answered the collection suit. You showed up at court, and you won your case. Now is the time to finish the good work you have started. Some people may say, “Well, I’ve won my case, so it’s over.” No, you’re about halfway done, so you need to finish the deal. Look into suing the debt collector. I suggest you look into suing the debt collector who… (Read more)
Hello. My name is John Watts. I am an Alabama Consumer Protection Attorney and this is part of our continuing series on answering questions. The question we will answer today is how does the Fair Debt Collection Practices Act or the FDCPA, apply to my mortgage company? Here is what the FDCPA regulates or governs. It says if you have a debt collector and you are dealing with a personal debt and not a business debt, then the FDCPA will… (Read more)
Yes often the FDCPA applies to your mortgage company. Here’s a recent question: “I read that the FDCPA, the Fair Debt Collection Practices Act, does not apply to a mortgage company. Is that true?” It depends. Your mortgage company must be a debt collector for the FDCPA to apply and give you protection. Let’s walk through an example to illustrate this point — if the mortgage company gets the loan and it is not in default, then not a debt… (Read more)
What do I do if Nationstar is showing up on my credit report but I don’t have a mortgage in my name. It’s in my spouse’s name only.
What do I do if Nationstar is showing up on my credit report but I don’t have a mortgage in my name. It’s in my spouse’s name only. So, this is something that we see quite often and it’s when a mortgage company, for example NationStar, gets a loan and they will start collecting against you even if you are not on the loan. I’ll use myself as an example. So, if my wife is the only one on the… (Read more)
What do I do if I have paid a medical bill, but it gets turned over to a debt collector and ends up on my credit report?
First of all, if you paid the bill and then it goes to a collector, that shouldn’t happen because there’s nothing to send to the collector. We don’t send zero dollar bills to a debt collector. So if it has gone to a collector, then something has gone wrong and it may very well be that the debt collector has violated the FDCPA (Fair Debt Collection Practices Act) law. “How will I know if a paid for medical bill has… (Read more)