So you have been sued by a debt collector (or even an original creditor). You get the case dismissed with prejudice and then the collector (or creditor) is still collecting against you. Is this legal or illegal? What in the world does the expression “adjudication on the merits” mean for you (hint: its a good thing!).
Possibilities when you are sued by a collector in a collection lawsuit
Judgment for plaintiff (the one who sued you)
Judgment for defendant (you… (Read more)
Mental mindset when a debt collector calls you
Recently, I mentioned having the mindset that a debt collector is knocking on your door.
I wanted to elaborate on this idea some more and give you another way to think about it.
Instead of being scared when the debt collector calls you (which is what they want and expect), turn it into an opportunity.
My phone rings and I answer.
The debt collector confirms who I am, and then says, “This… (Read more)
After you answer a debt collection lawsuit what should your credit report show?
Once you’ve been sued by a debt buyer such as Midland Funding, Portfolio Recovery, or LVNV, and you’ve filed an answer, what should your credit report show?
It’s excellent that you’ve answered the lawsuit. Most people fail to respond, which can be detrimental to you.
So what should the credit report show about this debt buyer?
There are a few important things to look for when reviewing… (Read more)
What are debt buyers and what do they have to prove about ownership when they sue me?
We talk a lot about “debt buyers” in our posts.
Since we discuss debt buyers so frequently, I wanted to give you a definition and some examples to help you understand what a debt buyer is.
What are debt buyers?
A debt buyer is somebody who claims to buy debt.
These are companies like Midland Funding, Midland Credit Management, Portfolio Recovery, and LVNV. … (Read more)
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)
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)