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.
I was interviewed on the Steve and Leah Show sometime back and thought it might be helpful to you as they asked some excellent questions about debt collectors harassing Alabama consumers and also what to do about false credit reporting. They were great to work with as it was my first time on radio. They had a little fun with me at the end of the interview because of that…. Steve: We’re joined by John Watts from the Watts… (Read more)
To go anywhere, you need to know where you are right now. With student loan issues, we need to know “where we are now” with our student loans, particularly if you are dealing with student loan collection issues. Who has them. In default or current? How much do we owe? You need your PIN to get the information. You can go to the official “Federal Student Aid PIN Web Site” to start the process. Click on the “APPLY NOW” button.… (Read more)
More and more of our practice is representing Alabama consumers who have been abused by student loan collection agencies — particularly on federal student loans. It is true that debt collectors who are collecting federal student loans have enormous powers, but they also have limitations. Last year we noted many of the typical Fair Debt Collection Practices Act (FDCPA) violations committed against Alabama consumers by federal student loan collection agencies. We will list several of our lawsuits against student loan… (Read more)
Student loans now exceed 1 trillion dollars. To put this incomprehensible number in perspective — that is more debt than all of the nation’s credit card debt. When there is a default on student loans, collection activities begin. Do student loan collectors have unlimited powers? Can they really take your tax refunds? Garnish your wages whenever they want? Is there really no statute of limitations on any type of student loan debt? To get a handle on this situation, let’s… (Read more)
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)
Introduction We have often recommended that consumers who are dealing with debt collectors calling should use the “Collection Log” by our friend Pete Barry. This short article is to explain why and how to use the collection log most effectively. One reason to use this (or something similar) is to keep all of the information about collection calls in one place. If you are like me, you have calls and things to do scattered among post-it notes. But the better… (Read more)
INTRODUCTION TO ILLEGAL VOICEMAILS BY COLLECTORS Debt collectors know what the law requires. Collection agencies, debt buyers, and collection lawfirms spend lots of time and money going to seminars and workshops on how to avoid lawsuits. The best way, of course, is to not violate the Fair Debt Collection Practices Act (FDCPA) law. But despite all of their knowledge, when it comes to voicemails it seems that the collectors just can’t help themselves – they insist on leaving voicemails that… (Read more)
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)
You Are Likely Dealing With Debt Collectors While Seeking Your Disability Benefits Often Alabama consumers who are seeking Social Security Disability benefits have to deal with abusive debt collectors. Think of it this way — if you lose your job, and can’t work because of a disability, then you will apply for social security benefits. But normally you are not awarded the social security benefits right away. There is a period where you are waiting. What happens financially to you while… (Read more)
We are often asked this question or some variation on it such as “will my case settle quickly or will I have to go to trial?” The truth is that nobody can tell whether your Fair Debt Collection Practices Act (FDCPA)case against a debt collector will settle quickly or not. Remember it takes two to settle. We have had six figure cases settle quickly with no discovery being done. We have had cases that should have settled for a few… (Read more)
LITTLE KNOWN FACT ABOUT THE FDCPA – IT IS DESIGNED TO PROTECT DEBT COLLECTORS! Most people assume that the reason Congress passed the FDCPA – Fair Debt Collection Practices Act – was to protect consumers from abusive debt collectors. This is one of the two reasons. But the other reason often surprises consumers — Congress wanted to protect debt collectors. But not just any debt collectors. Congress wanted to protect honorable . . . law abiding . . .… (Read more)
Probably the question we are asked the most by Alabama consumers who are getting calls from collection agencies is “How do I stop the calls?” The reason is that collectors can call so much that they take away your phone. You come to dread the ringing of the phone. You dread the flashing light of the voicemail indicator. Many consumers have changed their phone number just to gain some peace and to be able to enjoy their phone again. But… (Read more)
It works. This is the short and simple answer. Think about it this way . . . if a debt collector writes you a letter, what can you do? Ignore it. Throw it away. If a debt collector calls you, what can you do? You can see it come up on caller ID and ignore it. If a debt collector calls and leaves you a voicemail message, what can you do? Ignore it. Delete it. If a debt collector calls… (Read more)
This is probably the most common type of violation of the Fair Debt Collection Practices Act (FDCPA) – calling third parties for information other than location information. What is a third party? A third party is anyone other than you or your spouse. What is”location information”? Location information is defined very specifically in the FDCPA. It is the following three items – and only these three items: Home address; Home phone; and Place of employment. What is not location information?… (Read more)
Can I Sue A Collector For Calling My Cell Phone? For so many of us our cell phones are critically important. We sometimes say as long as we have our keys, wallets, and cell phones – then anything we forget can be replaced. So we always have our cell phones with us. Collectors know this – that’s why they call our cell phones. Is it legal for collectors to call our cell phones? The short answer is “sometimes”. Often times… (Read more)
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 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 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)
With their office in Birmingham, Alabama, the lawyers at Watts Law Group P.C. & M. Stan Herring P.C. represent consumers who are victims of creditor harassment and unfair debt collection practices. For information about our services and our commitment to our clients, please visit our Firm Overview page. Creditor Harassment and the Fair Debt Collection Practices Act The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors treat you fairly and prohibits certain methods of debt collection. The FDCPA… (Read more)
In the bag of cheap tricks, this is one of the worst ones that debt collectors or debt buyers or collection agencies use which violates the Fair Debt Collection Practices Act (FDCPA). In the collection business this is known as a “block party”. Please let us know if you would like our free book “How To Stop Abusive Debt Collectors”. What Is A Block Party? The expression “block party” normally brings an image to mind of friendly neighbors gathered together… (Read more)
What Is An Office Party? Calling your work or office is yet another abusive tactic debt collectors use to attempt to shame or embarrass someone into paying a debt. This tactic is similar to the “block party” tactic also discussed on this website and is called an “office party.” This violates the Fair Debt Collection Practices Act (FDCPA) and falls under the general category of “creditor harassment” or debt collector harassment. To learn more about this type of illegal behavior… (Read more)
QUESTIONS AND ANSWERS ON DEBT COLLECTION HARASSMENT LAWYER FEES Q. How much does it cost to talk to you about my situation where I think I’m being harassed by a debt collector? A. Nothing. We always are happy to talk and meet with you to go over your particular situation so that we can help you understand what your options and choices are in dealing with debt collectors. WHAT IF I OWE THE MONEY? Q. I’m pretty sure I owe… (Read more)
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)
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 – 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)
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)
Located in Birmingham, Alabama, the consumer protection attorneys at Watts Law Group P.C. & M. Stan Herring P.C. provide clients with experienced representation in the areas of creditor harassment and unfair collection practices under the Fair Debt Collection Practices Act (FDCPA), and credit reporting errors in violation of the Fair Credit Reporting Act (FCRA). Just because you are filing for bankruptcy protection, does not mean you lose your right to bring a claim under the Fair Debt Collection Practice Act… (Read more)