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.

When does the FDCPA apply?

The FDCPA (Fair Debt Collection Practices Act) is a powerful federal consumer protection law but it does not always apply to your situation. It does not apply to every collector or to every debt. Here are the requirements: You are a consumer — not a corporation or partnership Consumer debt — not business debt Debt collector — not the original creditor but someone who collects debts and when they first got the debt, the debt was in default “Default” normally… (Read more)

How do I stop Asset Acceptance from computer calling me on my cell phone after I beat them at trial?

We had a question from a website visitor about Asset Acceptance, a debt buyer (debt collector), who sued the consumer and lost. But it is still calling the consumer’s cell phone, spouse’s cell phone, and even the consumer’s child’s cell phone.  And just to show it has no concern for the rights of the consumer, Asset Acceptance is credit reporting the account it lost Here is how I suggest you look at this situation. First, when you win your collection… (Read more)

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)