Sawin & Shea

JUNE 25, 2020

Bankruptcy Code, Telephone Consumer Protection Act (TCPA), The Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA) all prohibit certain types of creditor behavior and are tools for consumers to use to fight back against unscrupulous debt collectors.

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Creditors Bankruptcy Fair Debt Collection Debtor 119

FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Clients expect this of their attorneys, as they should. It makes no sense.

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Lawyers Creditor's Rights Law Firms Creditors 40

Sawin & Shea

JULY 20, 2022

Doctors, hospitals, shops, mail-order businesses, and occasionally banks and loan firms all use collection agencies. The majority of lawyers who collect debts on behalf of their clients are also considered “debt collectors” under federal law. When Are Debts Covered By the Law? False Statements.

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Debt collector Collection Agencies Collections Agency Bankruptcy 78

Troutman Sanders

DECEMBER 11, 2020

the District Court of New Jersey dismissed a class action lawsuit finding that a failure to assure a consumer that statements in a letter would not change in the future was not materially misleading under the least sophisticated debtor test. collection efforts concerning your account.” collection efforts concerning your account.”

Fair Debt Collection 52

Fair Debt Collection Debtor Debt collector Lawyers 52

Sawin & Shea

MARCH 16, 2021

Why Did They Change the Rules for Debt Collection Messages? Although debt collectors can contact debtors in new ways, people can also opt-out of being contacted entirely. Debt collection agencies can’t wait for the new rules to go into effect later this year. Or at least that’s the plan.

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Debt collector Bankruptcy Creditors Fair Debt Collection 98

Sawin & Shea

FEBRUARY 9, 2021

This is called zombie debt. It comes from debt collectors and purchasers who try to twist the rules in their favor convince you to pay. The FDCPA Doesn’t Always Stop Zombie Debt. They’re gambling on a little-known aspect of the law that says the clock restarts when the debtor makes a payment.

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Debt collector Bankruptcy Creditors Fair Debt Collection 98

Sawin & Shea

AUGUST 24, 2020

Chapter 13 Bankruptcy: Chapter 13 bankruptcy is a reorganization of debts for debtors with regular income. There are limitations as to the amount of debt you can have, and it is limited to individuals and sole proprietors. You get to keep your property but pay back a portion of your debts.

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The Kaplan Group

FEBRUARY 19, 2020

With the increase in interstate and international commerce there is some disagreement as to whether the statute of the state (or country) where the debt was incurred is followed or whether it should be the statute of the state (or country) where the debtor lives. What Should I Do About Old Debt I Owe.

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Collections Fair Debt Collection Credit Bureau Debt collector 52

The McHughes Law Firm

AUGUST 29, 2016

Whether the debts are a few hundred dollars or tens of thousands, new business debt collection processes help countless companies recover debt in a timely manner. Myth No 3: If I Can Not Collect the Debt Myself, the Debtor Will Not Pay. 5: Debt Collectors Hound Debtors and Make Threats.

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Collections Debtor Law Firms Collection Agencies 40

BN Lawyers

APRIL 30, 2019

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts. Such actions may result in severe penalties, sanctions and damages.

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Bankruptcy Creditors Debtor Fair Debt Collection 40

Credit Corp

AUGUST 31, 2021

However, it’s important to note that every case is unique and the statute of limitations on various forms of debt is different in each state. Understanding what the rules in your state are and how they might apply to your specific debt situation is important. Contact a lawyer for your unique situation if you have questions.

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FDCPA Defense

MAY 11, 2017

If you have read the Fair Debt Collection Practices Act, 15 U.S.C. For example, in Clomon the defendant, an attorney, was a part-time general counsel of a collection agency. Jackson, Attorney at Law, General Counsel, NCB Collection Services” – and defendant attorney’s mechanically-reproduced “signature.”

Law Firms 40

Law Firms Debtor Creditors Collections 40

FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. 2008) (sole member of LLC may be held liable under FDCPA if he plays a significant role in directing the firm’s debt collection activities).

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