Archive for 2015
Posted on: November 28th, 2015
Order letting Midland win — important lesson if sued by Midland
This Order was sent to me — it is not a case I was involved in. And the lawyer representing the consumer is an excellent lawyer. The point of posting this is to warn about the danger of not properly answering discovery and/or not hiring a lawyer early enough in the process.
Here is the order and then I’ll provide a bit of analysis in [brackets]:
The Complaint was… (Read more)
Posted on: November 24th, 2015
“I got a collection letter from a lawyer. I disputed it and got no response and then I got sued.”
Short answer is this normally violates the FDCPA (Fair Debt Collection Practices Act) as the lawyer should have responded to your dispute letter before suing.
Want the slightly longer answer. 🙂
Here’s a recent example that shows the FDCPA being violated by CACH
Let me give you a typical example. You have a debt buyer that’s called CACH.
They basically… (Read more)
Posted on: November 24th, 2015
“Why do I need to bring you a timeline and give you info for our consultation?”
When we have a consultation we need certain information from you including a timeline of what happened when.
Sometimes potential clients don’t want to get us documents — they say, “I have a specific question and I just want you to answer that one question. I don’t need to share any other information with you.”
We respectfully decline to consider letting these folks be… (Read more)
Posted on: November 18th, 2015
Congratulations for taking action!
Many people do nothing when they’re sued. You’re taking action! You went online. You found this article and video. Maybe you were referred to this video/article by someone. In any case, you are taking action which is great.
Make sure you respond so you won’t get a default judgement.
The number one thing to remember to respond, because you don’t want a default judgement. You must answer the lawsuit. You have 14 days in Small Claims… (Read more)
Posted on: November 18th, 2015
“What is a notice of error under RESPA related to my mortgage?”
We have this law called RESPA that applies to mortgages and it covers many areas, but for our purposes we’re going to speak about, “What does it say on something called a Notice of Error?”
What is a Notice of Error?
That’s when your mortgage company has committed an error in what is known as the “servicing” of your loan. That could be what they claim you owe,… (Read more)