Author Archive
Posted on: December 19th, 2020
FDCPA: Why debt collectors call third parties and why the cases are valuable
Recently, we discussed who qualifies as a third party under the Fair Debt Collection Practices Act (FDCPA).
Now, I want to look at why debt collectors call third parties and why these cases are so valuable.
There are two situations in which debt collectors will contact a third party.
Calling to obtain “location information” can be a legitimate reason – if they do it right.
Location information… (Read more)
Posted on: December 4th, 2020
Can a debt buyer truly collect against me?
We are frequently asked if debt buyers can really collect against a consumer.
I’ve been a consumer protection lawyer for a long time, and a big part of my practice is dealing with these debt buyers who claim to have bought a debt.
They will tell you they have bought the debt, but is this true?
Do they have any right to collect?
Does it make a difference if they have bought… (Read more)
Posted on: December 2nd, 2020
What happens with your credit report after you win your collection trial?
When you are in court and you win, what happens with your credit report after the trial? You want the debt removed from your report, but how does this happen?
Do you ask the judge?
Does this happen automatically?
In this post, we’ll discuss how to wrap things up after you win.
You’ve won your court case. What happens with your credit report now?
The judge does not… (Read more)
Posted on: December 1st, 2020
How to know if Rule of Evidence 106 applies in your state court debt collection case
Recently, we made a post discussing Rule of Evidence 106, also known as the Completeness Doctrine. Since making this post, we have received quite a few questions.
This rule says that if you introduce part of a document then you are in fairness required to submit the entire document if requested.
One of our Youtube viewers commented:
“I quoted this rule to the plaintiff’s… (Read more)
Posted on: November 30th, 2020
FDCPA: Get a statement when a debt collector calls a third party
One of the most terrible violations of the Fair Debt Collection Practices Act (FDCPA) that debt collectors make is contacting a third party about a debt.
What is a “third party”?
A third party is anybody other than you, your spouse, or your lawyer.
Everyone else in the world is a third party.
There are very strict rules about when a debt collector can contact a third party,… (Read more)