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)
Why do debt collectors absolutely hate marking your account as “disputed” on your credit report?
In this article, we will discuss what this means, why they hate doing it, and what you can do when they violate the law.
What does it mean to mark an account as “disputed”?
You dispute a debt when you tell a debt collector verbally or through writing that you dispute the debt.
This does not have to be specific. The dispute can simply be… (Read more)
The biggest danger consumers face when sued by a debt collector
When you have been sued by a debt collector, the biggest danger consumers face arises at the beginning of the lawsuit.
Recently, we discussed the time limits to respond once you have been served.
In district or small claims court, you have 14 days to respond.
In circuit court, you have 30 days to respond.
But what if you don’t respond?
If you do not respond, you fall victim… (Read more)
Statute of limitations: Why debt collectors who sue you will lie about a payment
Why do debt collectors lie about when you last paid them, particularly when they have sued you?
This happens pretty frequently. Somewhere in the documentation, in the lawsuit, or even in the courtroom the debt collector claims to have found a mysterious payment that you don’t remember making.
I’ve had this happen in the middle of the trial, at the beginning of a case, and everywhere… (Read more)
Have to wear a mask in court? Then practice under the same conditions as a trial with a mask on.
You have a court date coming up and you understand that either your courthouse or your particular judge requires you to wear a mask. How do you prepare for that?
I understand that for some reason a mask is very triggering for some people.
This article is not about the effectiveness of masks or anyone’s political views.
This article is… (Read more)
Charge off: How to get one removed from your credit reports by looking for factual errors
We’ve talked about charge off debts in the past:
What is a charge off?
Can I be sued for a charge off debt?
3 things a creditor can do with a charge off
Now, let’s talk about how to remove a charge off from your credit report.
A charge off is the same as any other negative information on your credit report. You want… (Read more)