Videos – Abusive Debt Collectors
What Questions Should I Ask A Debt Collector?
When a debt collector calls you — or you call the debt collector — what should you say to the collector?
It helps if you know some about your rights when dealing with collectors. But you also want to ask smart legitimate questions to find out what you need to do with this collector. If you owe it, then pay it. If you don’t, then find out why the collector is calling you. And if you have an abusive collector,… (Read more)
Student Loan Collection — Differences in Private and Federal Student Loans
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)
How To Use The Collection Communications Log When Dealing With Debt Collectors
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)
Why Debt Collectors Who Leave Voicemails Are Inviting A Lawsuit
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)
Why Debt Buyers Must Delete Credit Reporting When They Lose Their Collection Case Against You
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)
Explain A Lawsuit Against A Debt Collector That Typically Settles Quickly
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)
Congress Passed The Fair Debt Collection Practices Act To Protect . . . Debt Collectors?
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)
Three Ways To Stop Debt Collectors From Calling You
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)
Why Do Debt Collectors Call Third Parties?
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)
Debt Collectors Can Only Call Friends, Neighbors, and Co-workers For “Location Information”
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)
Illegal Calls To Cell Phones
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)
Suing You After The Statute Of Limitations Expires Violates The FDCPA
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 On A Time Barred Debt Violate The FDCPA
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 & Its Impact On Your Credit Report
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)
Creditor Harassment – Fair Debt Collection
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)
Can a Collection Agency Call My Neighbors?
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)
Can a Collection Agency Call My Office or Coworkers?
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)
FAQ About Creditor Harassment
Is A Debt Collector Harassing You Illegally?
Find Out What Your Rights Are So You Can Take Action Against Abusive Debt Collectors!
We realize that dealing with debt collectors can be intimidating. Not just because abusive collectors are intimidating but also because you may not fully understand your rights and what collectors can, and cannot, do in collecting a debt from you.
We have laid out some typical questions that we are asked by Alabama consumers who want to… (Read more)
FAQ About Being Sued By A Collector In Alabama
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)
If I Win, What Happens Next?
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
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)
I’ve Been Sued – What Should I Do?
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)
Debt Collection Before & After Bankruptcy
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)