Abusive Debt Collectors

You CAN fight back against abusive debt collectors.   The laws (including the FDCPA — Fair Debt Collection Practices Act) are on your side and juries understand abusive debt collectors must be stopped.  Discover your rights and take immediate action now.  You can learn from our articles and videos and then call us when you are ready to turn the tables on abusive debt collectors.  Call us at 205-879-2447 — we will be glad to help you.  John Watts

If I Owe The Debt, I Can’t Sue An Abusive Collector, Right?

Debt collectors have no right to be abusive towards consumers. When you’re dealing with an abusive debt collector, you may have a  troubling thought, such as “Well, I owe this debt, so I can’t sue this debt collector.” That is simply not the case. You see, there’s a difference between owing a debt, and abusive debt collection. They’re two different things. Debt collectors who are willing to violate the law try to put these two together and say, “You owe… (Read more)

Will I Owe Taxes If I Settle With A Collector?

Settling with a debt collector can lead to tax issues in several ways. First, if you sue a debt collector and receive money from the collector, then you may owe taxes on the settlement. Second, if you pay a debt collector less than the amount the collector claims you owe, you may owe taxes on the amount that was “forgiven”. Let’s look at these in more detail. First, if you sue a debt collector and receive money from the collector,… (Read more)

Case Study– Lawsuit against debt collector FirstSource Advantage

Summary of the case In this particular case it involves a debt collector who is violating the FDCPA, Fair Debt Collection Practices Act, and Alabama State Law. This includes invasion of privacy. FirstSource Advantage is a debt collector So the company that we sued in this case was FirstSource Advantage. They are a debt collection agency. Called consumer multiple times a day According to the allegations, they repeatedly called the consumer, day after day. Called family members and other third… (Read more)

Practical guide to using the FDCPA to stop a debt collector from abusing you

A red button with the words Act Now on it What is the FDCPA? It is the Fair Debt Collection Practices Act is a law that regulates and governs debt collectors. it tells debt collectors what they can do, and what they cannot do. It also tells debt collectors that if they break the law, these can be the consequences. 3 requirements for the FDCPA to apply One-you must be a consumer This one is pretty easy. If somebody comes… (Read more)

Consumer sues LVNV and collection lawfirm under FDCPA

Our client was sued by LVNV and won her case.  In Alabama this means she does not owe the debt to LVNV. Pretty simple, right? LVNV lost so it leaves her alone. Except LVNV would not do that — instead it hired some out of state collection lawfirm (Budzik & Dynia) to collect against our client.  And not only collect, but threaten to sue.  And threaten to credit report. But. Our client won the collection lawsuit so she owed LVNV… (Read more)

“What is a motion to enforce a settlement agreement?”

A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement — to make the defendant do what the defendant promised when it settled. A case gets settled and sometimes we don’t have the settlement agreement already finalized.  Or we do and the company we have sued wants to add terms and conditions that we never agreed to. The most common example is wanting “super confidentiality” so we can never… (Read more)