You were foreclosed on by your mortgage company. And you are likely still feeling the effects of this — maybe you have been sued for ejectment, there is a deficiency balance allegedly owed, you had to uproot your family to move, etc.
It may seem as if all hope is gone — your mortgage company got away with this.
But there may yet be hope….
In a very surprising development, the law in Alabama has actually improved for consumers. Very… (Read more)
Introduction — Student Loans — TransWorld Systems Inc
It is no secret that private student loans are a terrible problem — as are many of the bogus lawsuits filed by National Collegiate Trust. Or sometimes called National Collegiate Student Loan Trust.
The company behind this — often pulling the shots — is an infamous company named Transworld Systems Inc. They prepare the documents for the Trust collection cases and often manage the entire litigation as well as other collection activities.… (Read more)
Lawsuit against Portfolio Recovery Associates for false credit reporting after settlement
For many years we have talked about and sued over this classic debt collector scam — they say you owe $5,000, you agree to pay $3,000 and that should end it. But it does not — instead the collector still reports that you owe $2,000 (the difference in $5,000 and $3,000).
Here is a recent example of a lawsuit we have filed against Portfolio Recovery Associates (PRA) for this… (Read more)
FDCPA: What are compensatory damages against abusive debt collectors?
So you’re looking at suing a debt collector under the FDCPA (Fair Debt Collection Practices Act), and you’ve come across this concept of “compensatory damages.”
Sometimes it’s called “actual damages,” but it’s the same thing.
These are damages that compensate you for your loss.
This could be compensation for any type of loss.
Let’s say you have a debt collector that’s threatening and harassing you by calling you at all hours,… (Read more)
Many folks (and lawyers) do not think of the FDCPA (Fair Debt Collection Practices Act) when it comes to stopping Alabama foreclosures. But it can be a powerful law when used correctly.
We’ll do this in the article:
When does the FDCPA apply in a mortgage context?
What does the FDCPA prohibit a mortgage company from doing in a foreclosure setting?
Some examples of how the FDCPA can stop or reverse a foreclosure.
How does the FDCPA work with the… (Read more)
FDCPA: What are punitive damages against abusive debt collectors?
So you’re suing an abusive debt collector under the FDCPA (Fair Debt Collection Practices Act), and you’re wondering, “How do I get punitive damages under the FDCPA?”
This is actually a bit of a trick question.
You can’t get punitive damages under the FDCPA.
If you only sue a debt collector for punitive damages, it won’t happen under the FDCPA.
However, almost every case we’ve had against abusive debt collectors under… (Read more)