Rule of Evidence 408: Settlement talks in a debt collection case
In this portion of our ongoing series discussing important rules of evidence, we will be taking a closer look at Alabama Rule of Evidence 408.
There are Federal Rules of Evidence, but each state has its own tweaks to the Federal Rules of Evidence.
Specifically, we will look at the Alabama Rules of Evidence, since this is the state where we practice.
Alabama Rule 408 is very similar to… (Read more)
CFPB settles with Midland too cheap?
A little over a month ago, we discussed the Consumer Financial Protection Bureau (CFPB) and their lawsuit against Encore, Midland Funding, and its associated companies.
Now, they have proposed a settlement with these companies.
Ultimately, it will be up to the judge to decide whether to accept this settlement or not.
Personally, I think the settlement being proposed is very weak.
They filed suit back on September 8th, 2020.
In this article we will… (Read more)
FCRA credit reporting: examples of technical accuracy
A lot of times when we sue credit reporting agencies (Equifax, TransUnion, Experian) or furnishers (companies who provide information to the credit bureaus) under the Fair Credit Reporting Act (FCRA), they love to say “Well, yeah, but you know this is technically right. It might be a little deceptive, but it is technically right.”
There are ways to argue against this. We can flip this argument over on them.
Here are some examples… (Read more)
Two reasons to pull your credit reports after beating a collection suit
You’ve been sued by a debt collector or debt buyer such as Midland Funding, LVNV, Portfolio Recovery, and you’ve won your case. What do you do next? Pull your credit reports.
Hopefully, you have looked at your credit reports before you get to the end of your lawsuit.
Even if you haven’t, go on and pull them now.
Whether you just won your suit yesterday or you won… (Read more)
Is it good to send a dispute letter beyond the 30-day window of 1692g?
1692g letter is what is sent to you by the debt collector which also tells you that you have 30 days to dispute.
Can you send a validation notice after the 30-day period has ended?
Yes, you can absolutely send a letter outside of the 30-day period.
The downside is that you lose some of your rights once you are outside that 30 day period.
If… (Read more)
What’s the danger in making a payment past the Statute of Limitations?
Debt collectors must sue within the Statute of Limitations.
If they sue on a debt that is past the Statute of Limitations (also known as a time-barred debt), they violate the FDCPA.
This time period to sue will vary depending on your state and the type of debt.
In Alabama, it could be 3 to 6 years. Other states can be different.
Whatever the time period is in… (Read more)