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.

“Will I Get A Copy Of The Lawsuit When You File It?”

Yes, if you have hired us as your lawyer, then as soon as we file your case, you will get what is known as a “stamped filed” copy of the lawsuit.
This means that once we have a copy of the lawsuit, or the “complaint,” that has been stamped as being filed by a federal court, then we will send that to you. We generally send this both as an email attachment as well as a hard copy through the… (Read more)


“Do Federal Judges dislike suits against collectors?”

There is a myth among lawyers and consumers that federal judges don’t like lawsuits against debt collectors.  That they view them as a waste of time and wish lawyers would not bring them.
I can’t speak for how judges are everywhere but the federal judges I’ve been in front of in Alabama and other states have not shown any dislike for our cases brought under various federal laws against debt collectors.
So this article is for consumers who are wondering… (Read more)


FDCPA Cases — What Does It Mean To Be “Removed” To Federal Court?

If you file a Fair Debt Collection Practices Act (FDCPA) case against an abusive debt collector, and you file it in Alabama state court, the debt collector normally has the right to “remove” the case from state court and put it in federal court.
Let’s talk about how this can happen and then why it happens.
 
If you sue under a federal statute, such as the FDCPA, the defendant has the right to remove the case to federal court.… (Read more)


“Debt collector Midland contacted me but the statute of limitations is 3 years in Alabama so I’m going to ignore them”

If I can be blunt,  it is incredibly foolish to ignore a lawsuit. It is also very foolish to simply ignore a debt collector because you assume that the three-year statute of limitations will give you protection.
We have talked in a recent article about the controversy that surrounds what exactly the statue limitations is Alabama.
Unfortunately, we have seen Alabama consumers who are contacted by Midland. They say to themselves, “Well, I can ignore this because I know they… (Read more)


Can A Debt Collector Call My Job Or Call My Work Number Under The FDCPA?

As an initial matter, a debt collector can call your job or your work number but when you tell them that you are not allowed to receive these types of calls at work, then the calls must stop.
When the calls don’t stop, you sue the debt collector under the FDCPA — Fair Debt Collection Practices Act.
“Why is a collector allowed to call me at work?”
A debt collector is allowed to contact you at any number it has… (Read more)


Example of an abusive third party contact (neighbors) by a debt collector

Debt collectors routinely violate the Fair Debt Collection Practices Act (FDCPA). There are number of reasons that debt collectors violate the law, but the most common reason is simply that it works in getting people to pay debts, whether the debts are owed or not owed.
Let’s talk about a very common example of a debt collector violating the FDCPA — illegally contacting third parties.
The FDCPA says it is illegal to contact a “third-party” except in unusual circumstances. A… (Read more)