It is normally a great idea to talk to collectors on the phone (we cover in depth how to talk to collectors) but if you communicate in writing, our strong suggestion is you must do it by certified mail. If you are not going to do that, then you are just wasting your time. The reason is, you can have the greatest dispute letter, validation letter, cease and desist letter, etc. but if when the debt collector gets it, looks… (Read more)
The short answer is yes. There are two laws involved in false credit reporting by a debt collector: the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. If a debt collector knows or should know that he is reporting false information, he violates the FDCPA (Fair Debt Collection Practices Act). The FDCPA only applies if the collector is subject to this law. Three basic requirements: It must be a consumer debt, rather than a business debt. You… (Read more)
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)
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)
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)