“How do I know if I have been served with a collection lawsuit in Alabama?”
This is a common question because being served is really when things take off in a collection lawsuit.
There are deadlines that come about, and if you haven’t been served, you don’t have a deadline.
But, if you have been served, there’s a deadline and there’s a lot of confusion about being served.
Hopefully, this article will clear up at least some of that confusion.… (Read more)
“Can a debt buyer really sue me in Alabama?”
This is a question that is asked often. Hopefully this article will answer your question.
First off, it is legal to buy debt
A company can buy old credit card debt, or maybe deficiencies after repossession of an automobile.
It is legal to buy debt, but this isn’t where the analysis ends.
The debt buyer has to prove it owns the debt
It may be legal to buy the debt, but… (Read more)
Your 5 options when sued by an original creditor
Being sued by an original creditor — such as American Express (AMEX), Bank of America (BOA), Capital One, Discover Bank (Discover Card), etc. — can be incredibly scary.
Whether you owe the debt or not, what do you do?
Do you file bankruptcy, fight the lawsuit or settle? How do you do this and how do you pick what to do?
The video above (and the written portion below) will walk… (Read more)
Out of the blue, you get a letter from “Ferry & Nicholas, Inc.” telling you that you are being sued. It is natural that you will have questions about the letter so I wanted to go through a typical Ferry letter. I strongly recommend against using this firm to handle a lawsuit against you and I’ll discuss that as we go through the letter.
I don’t know the Ferry & Nicholas folks personally so I make no judgment about their… (Read more)
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)
“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)