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)
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)
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)
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)
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)
Can I take notes with me to my collection trial to help me remember what happened?
Can you take notes to your upcoming collection trial?
Should you take notes to court?
If you take notes to court, what does that mean?
In Alabama, where I practice, you can certainly take notes with you to a trial.
Anything that you take with you to court can be questioned by the other side.
The collection lawyer can ask to see your notes. … (Read more)