Consumer Law
Alabama Consumer Blog 
Covers news and events dealing with consumer law in Alabama.
Post Frequency: 3.3/day Last Entry: November 17, 2009 at 10:41:04 Recent Entries: 367
By M. Stan Herring
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Securitization In Chapter 13 Bankruptcy Context - Excellent Article By Max Gardner
Posted on November 17, 2009Max Garnder, III, has an excellent article on some of the abuses that servicers inflict upon consumers who are in a Chapter 13 bankruptcy that we suggest you carefully read. This is an entertaining and informative article by Max and you can get a taste of it from the first paragraph: Wayne Gretzky once said that his success was due to the fact that he focused on where the puck was going to be, not where it was...
Mortgage Securitization - What Is It?
Posted on November 16, 2009One issue that comes up in almost all Alabama foreclosures is whether the loan (the note) has been held by the original bank or mortgage company or instead if it has entered the somewhat mysterious world of mortgage back securitization? We begin a series on this issue today and will add original posts and also newsworthy items to this "category" on our blog...
Common Example Of Fraud Related To Foreclosures And Loan Modifications
Posted on November 15, 2009We wanted to give Alabama consumers who are facing foreclosure some examples of typical fraud in the context of foreclosures and loan modifications. We'll start with loan modifications. A loan modification is typically defined as a permanent change to your note - normally the interest rate, length of the loan, the movement of arrearage (missed payments) to the end of the loan, etc...
Free Tele-Seminar On Fighting Back Against Abusive Debt Collectors
Posted on November 05, 2009Due to a great amount of interest, we have decided to hold a free teleseminar on Tuesday, November 17, 2009, at 7 pm CST. This will be the first in a series of seminars that you can attend from the comfort of your home, office, or car (be safe if driving...
Legal Uses of a Credit Report
Posted on November 03, 2009The Consumerist has posted an article that highlights what your credit report can be (legally) used for. Some things your credit report can be used to determine are: -Applications for credit, insurance, and rentals for personal, family or household purposes...
What Is A Qualified Written Request (QWR) And What Does That Do For You Related To Your Mortgage?
Posted on November 02, 2009A Qualified Written Request (QWR) is a powerful tool when dealing with abusive mortgage servicing companies (Litton Loan, Wells Fargo, Bank of America, etc). This is a right under RESPA - Real Estate Settlement Practices Act - to gain information and to dispute false bills or charges...
An Example Of Mortgage Servicing Abuse - Tammy
Posted on October 30, 2009My friend Denise Richardson has a heartbreaking story on her website about a woman named Tammy who is dealing with the realities of common place mortgage servicer abuses. Read the entire article but here is a taste: EMC Mortgage Servicing placed an escrow account on our non-escrowed mortgage...
Who Or What Is The "Servicer" Of My Mortgage?
Posted on October 29, 2009Often we see clients who are facing foreclosure and the reason is, at least in part, misconduct on the part of the mortgage servicer. We often assume the company we make our payments to - Litton Loan, Bank of America, Wachovia, Wells Fargo, etc. actually owns the note...
Recent Ruling On Foreclosure - Losing The Note....
Posted on October 28, 2009On October 9, 2009, bankruptcy judge Robert Drain wiped out a $461,000 mortgage debt because the alleged owner of the note - U.S. Bank as trustee of a securitization pool, could not prove it owned the note. In Gretchen Morgenson's interesting article in the NY Times, she discusses this ruling...
"FDCPA Does Not Give Debt Collector the Right to Leave Messages on Your Phone Answering Machine"
Posted on October 26, 2009The BKBlog has posted an article about consumer protection offered by the Fair Debt Collection Practices Act when dealing with collection agencies. Under the FDCPA, credit card companies and collection agencies have different regulations. A credit card company could contact the debtor and not be under the same regulations as a collection agency...
5 Things that Ruin Credit
Posted on October 23, 2009MyCreditGroup.com has posted an article listing five things that ruin credit scores, and how to avoid these little-known pitfalls. The first thing you shouldn't do is destroy old credit cards that are paid off. You get points from the credit card company just for keeping an account with them for a long time, whether you use the card or not...
AL Supreme Court Rejects Verdict in $274 Million Drug Case
Posted on October 18, 2009The Associated Press has posted an article about the Alabama Supreme Court rejecting a jury's verdict that would have awarded the state $274 million. The state of Alabama filed the suit was against 3 pharmaceutical companies ( AstraZeneca, Novartis and GlaxoSmithKline)...
"Many Hope Student Loans Will Become Easier to Discharge"
Posted on October 13, 2009The Florida Bankruptcy Attorney Blog has posted an article that discusses the effect bankruptcy has on student loans. Previously it was possible to discharge student loan debts after seven years if someone couldn't make their monthly payment. However, amendments passed by the BAPCA (Bankruptcy Abuse Prevention and Consumer Protection Act) recently have made that more difficult...
Where to Get Free Credit Reports
Posted on October 12, 2009The Consumerist has posted an article on how to get free and accurate credit reports from government operated websites. The article warns against purchasing credit reports due to such a high rate of scams from "no name companies." If you want your credit report, go to AnnualCreditReport...
Personal Bankruptcies up 41% from Last Year
Posted on October 09, 2009MSNBC.com has posted an article about the rise in personal bankruptcies. According to the article, 124,790 bankruptcies were filed in September of this year, a 41% increase from September 2008. September 2009 also had the fourth largest amount of filings since the bankruptcy law changed in 2005...
Avoiding Dishonest Debt-Relief Companies
Posted on October 06, 2009The New York Times has posted an article warning consumers about "several unscrupulous companies that prey on homeowners who are having trouble paying their mortgages." These companies promise to save consumers' homes from foreclosure for a hefty up front fee...
Bankruptcy Discharges
Posted on September 30, 2009The Arizona Bankruptcy Lawyer Blog has posted an article about what a bankruptcy discharge is and what it includes. The "discharge" of a debt means that it no longer exists and can't be held against the debtor. However, debt discharge "has its limits" and doesn't include every financial responsibility...
Announcing Alabama Foreclosure Seminar October 6, 2009, At 6 PM In Birmingham, Alabama
Posted on September 29, 2009We are holding a free Foreclosure Seminar at our office in Birmingham. In this seminar on October 6, 2009, at 6 pm we will address topics that Alabama consumers are facing when foreclosure is either threatened or has already happened: 1. What is the foreclosure process in Alabama? 2...
"Dealing With Debt Collectors, the Easy Way"
Posted on September 28, 2009The Michigan Collection Law Blog has posted an article about an easy way to deal with debt collectors and creditor harassment. The article was originally written by Kat Sanders, who blogs for Court Reporter Schools. We don't agree with all of these points but you should consider these...
Tips on Fixing Credit Report Errors
Posted on September 17, 2009Allison Young of the Atlanta Journal-Constitution has written an article about credit report errors. Equifax mixed Robyn Mueller's credit information with her twin brother's, merging the two individual's debts and bringing Ms. Mueller's score down. Her Equifax report differed greatly from her score from two other credit reports...
3-10% of Health Care Funding Goes to Fraudulent Claims
Posted on September 15, 2009The Health Care Lawyer Blog has posted an article about the amount of health care funding that could be saved from fraud every year. There is about $75-$250 billion "floating about in the health care system." Around 3-10% of that is lost to fraudsters annually...
Drastic Decrease in Consumer Debt
Posted on September 12, 2009Associated Press has posted an article about a record decrease in consumer borrowing for the month of July. Economic uncertainty and job losses have "prompted Americans to rein in their debt" by collectively cutting debt by $21.6 billion. Economists expected it to only drop about $4 billion...
Video On Credit Card Changes - Alabama Live Interview
Posted on September 12, 2009A couple of weeks ago I was invited by Alabama Live to appear on the morning show to discuss the new changes to credit card laws that went into effect recently. Keep in mind that more changes are coming at the first of the year and then next summer. If you would like more information about this or if you are dealing with abusive debt collectors or false credit reporting, feel free to contact us.
Brooklyn Judge Rejects Foreclosures
Posted on September 09, 2009The Consumerist.com has posted an article that discusses how a Brooklyn judge has tossed out roughly half of the foreclosure suits brought to him over the last two years because the lending companies and banks had such disorganized paper trails...to the extent of not being able to prove ownership...
Mortgage Foreclosures - What Are Tranches?
Posted on September 08, 2009We are often asked by Alabama consumers who are facing foreclosures "What is all of this talk about securitization and tranches and trusts actually owning my house?" Nicole Perlroth of Forbes has a fascinating article that lays out how the process works using a lady named Adama Kromah as the subject of her story...
Morgtage Servicers - Story Of Repeated Abuses In Foreclosure Context
Posted on September 07, 2009Daniel Wagner of the Huffington Post recently wrote an excellent article about mortgage servicers that harass borrowers. You should read this interesting post by Daniel. Here's part of the problem: Without government aid, servicers don't have enough financial incentive to modify mortgages...
Wall Street Magic Has Moved To Bundling Life Insurance Settlements
Posted on September 06, 2009Wall Street played a huge role in creating the economic mess we are in through the securitization of sub prime mortgages and through other ill advised financial products. Now, the NY Times reports that the banks have turned their attention to buying up life insurance settlements and then applying some of the same principles to them that were used on the sub prime mortgages...
New Law Prompts Cigarette Companies to Sue
Posted on September 04, 2009Associated Press has posted an article about two of the three major cigarette companies filing lawsuits in response to a new law. The new law gives the Food and Drug Administration authority over the tobacco industry, which tobacco companies say violates their right of free speech...
Traffic Stops Can Be Beneficial
Posted on September 02, 2009Slate.com has posted an article that discusses how traffic stops can be more beneficial than you might expect. For example, according to the article: What do Timothy McVeigh, Ted Bundy, David "Son of Sam" Berkowitz, and 9/11 ring-leader Mohammed Atta have in common? They're all murderers, yes, but another curious detail uniting them is that they were all also brought to police attention by "routine" traffic violations...
Warranty Claims and a Bankrupt Company
Posted on August 31, 2009Bankruptcy Law Network has posted an article that discusses if a company going bankrupt is obligated to honor a warranty. It depends on the type of bankruptcy that was filed for. If it was Chapter 11, there's more of a chance that the company will honor your warranty that was purchased prior to filing for bankruptcy...
Debt Settlement Industry Remains Busy, but Grows Anxious
Posted on August 28, 2009The New York Times has posted an article that discusses the growing unrest in the debt settlement industry. David Streitfeld, author of the article, says that the industry is preoccupied worrying about its future. A formidable array of forces is concerned about the way the settlement companies solicit consumers and negotiate lower payments on their debts...
Man Tries to Steal 130 Million Credit Card Numbers
Posted on August 23, 2009The Associated Press has posted an article about a man from Miami, Albert Gonzalez, who has reportedly tried to steal 130 million credit card numbers. "The one-time government informant" is being charged with the largest case of credit and debit card data theft in the nation's history...
Medical Identity Theft
Posted on August 21, 2009Our friend Denise Richardson has posted an article about the growing concern of medical identity theft. In 2007 more than 250,000 people reported being victims of medical identity theft, which is even harder to correct than kinds of financial identity theft...
Video About Bankruptcy Myths
Posted on August 19, 2009Getoutofdebt.org has posted an article and a video that sheds light on the "five myths of bankruptcy" and why they're not necessarily true. The myths are: You should be dead broke until you file for bankruptcy. Bankruptcy ruins your credit score. You lose your home if you go bankrupt...
Carfax Reports Can Be Unreliable
Posted on August 17, 2009The Indiana Consumer Law Blog has posted an article reminding consumers that Carfax Vehicle History Reports cannot be trusted for total reliability. The blog post agrees that certainly it is worthwhile to purchase a report from Carfax, or a similar company, when considering purchasing a used vehicle...
FTC's Proposed Rules to Protect Consumers
Posted on August 15, 2009The Federal Trade Commission has posted an article on their website that discusses how the organization is looking for public feedback about their "rules" that are supposed to protect consumers from deceptive and abusive debt relief services done through telemarketing...
Relaunch Of Sued By A Debt Buyer Website
Posted on August 04, 2009Several months ago we launched a website - Sued By A Debt Buyer - but we were not happy with the look of it so we have redesigned the look and feel of it and added some videos. Feel free to take a look at it and let us know if this is helpful to you or if we can help you in any way...
Video - Testimonial Of Alabama Consumer Regarding Debt Buyer Lawsuit By LVNV
Posted on July 25, 2009Tim Barnes is a client in Alabama who was sued by LVNV, a famous debt buyer, and he came to see us as he had no idea what the lawsuit was about or why he was being sued. We were able to explain to him many of the items contained in our free report "Five Secrets Debt Buyer Don't Want You To Know About When They Sue"...
Debt Collectors And Credit Reporting Agencies - Even Closer Now....
Posted on July 15, 2009We have often sued debt collectors and credit reporting agencies (Equifax, Experian, Innovis, and Trans Union) for working hand in hand to illegally force consumers to pay money they don't owe. It may be because the consumer never owed the debt or that the consumer discharged the debt in bankruptcy - but by "parking" an account on the consumer's credit report, money can be taken from the consumer in order to restore the consumer's credit report...
Explosive New Lawsuit Against The National Arbitration Forum (NAF) By State Of Minnesota
Posted on July 14, 2009We have known of the widespread perception that the NAF is beholden to debt buyers and credit card companies and now the behind the scenes revelations in a new lawsuit are shocking. It is much worse that we thought. We will post the pdf of the complaint filed by the Attorney General of Minnesota Lori Swanson but for now here are some exerpts: 1...
New Website On Illegal Debt Collection Voicemails
Posted on July 11, 2009We have created a new website - www.illegalvoicemails.com that discusses the growing problem of illegal voicemails from collectors. We will be adding more information to the site including videos but if you have any voicemails from debt collectors, save those messages and head over to the new site which will help you fight back against illegal collection voicemails...
Fascinating Article About Collectors Abusing Collectors From Louisville Christian Examiner
Posted on June 23, 2009This story by Karen McCracken is odd on several levels. First a collection agency puts WWJD on all of its letters - What Would Jesus Do. Second, here is the position of the collection agency: Harry Mihet, lead attorney stated: ?They treat their customers with respect, with integrity and the way they would want to be treated...
Debt Collection Video From South Carolina Consumer Protection
Posted on June 22, 2009Here is a nice video summarizing many consumer rights when dealing with collections. While this is from South Carolina, most apply to Alabama consumers (except the discussion of garnishment and right to cure). If you are dealing with abusive debt collectors, please feel free to contact us through our website, our blog, or by phone at 205-879-2447...
Video - Debt Buyer Lawsuits - Right To Appeal From Small Claims Or District Court
Posted on June 21, 2009Almost without exception Alabama consumers who have been sued by debt buyers want to know if they have the right to appeal if they lose their case or if the debt buyer has the right to appeal if it can't prove its case and loses. The answer is any party can appeal...
New Free Report - 7 Mistakes In Testifying In Debt Buyer Collection Lawsuits
Posted on June 20, 2009The requests for our "Five Secrets Debt Buyers Don't Want You To Know About" has been wonderful and we appreciate the chance to help Alabama consumers who have been sued. But we realized that the whole idea of testifying at your Alabama collection lawsuit can be intimidating and so we have prepared a 25 page free special report that lays out the seven mistakes we often see consumers make while testifying...
Video - Final Step For Dealing With Illegal Third Party Contacts - Contact A Consumer Attorney
Posted on June 19, 2009The final step in dealing with abusive debt collectors who contact third parties in violation of the law is to contact us or other experienced consumer attorneys to determine if it is appropriate to file suit to make these collectors stop. We will discuss more about filing Fair Debt Collection Practices Act (FDCPA) cases in future posts and videos but for now we will discuss contacting a consumer attorney: If you are dealing with this type of abusive collection agency, request our free report on making these abusive types of collectors pay for breaking the rules...
Video - Get A Statement From Third Parties Who Collectors
Posted on June 17, 2009We have previously discussed who is a "third party," why collectors call third parties and some examples of illegal third party contacts by abusive collection agencies. Now we want to remind you to get a statement from the third party who was illegally contacted by the debt collector...
Video - Examples Of Illegal Third Party Contacts By Debt Collectors
Posted on June 15, 2009The problem of abusive collectors calling neighbors, co-workers, friends, or family members is not declining but instead is growing. This is the best way to force a consumer to call the collector back - embarass and shame them by calling third parties illegally...
If In Litigation - Be Careful Of What You Have On Facebook
Posted on June 13, 2009While this article by Belinda Luscombe in Time is on Facebook and divorce, the principal holds true for any type of litigation that you are in - understand that what you put on Facebook (or Myspace, etc) can be used against you. Lawyers love to find inconsistencies - the idea is "If you lied about this thing over here, then you lied about this over here...
Alabama FDCPA Lawsuit - Part Three - Defendant Is Served
Posted on June 08, 2009After you file your federal court FDCPA lawsuit, the court will send a copy of the lawsuit to the defendant. Once the defendant receives a copy of the suit through the court, the defendant has 20 days to answer or respond to the lawsuit. There are a number of ways to serve a federal court lawsuit but the easiest is to find the "registered agent" of the defendant and have the court serve the agent by certified mail...
What Do These Difficult Economic Times Mean For Consumers?
Posted on June 07, 2009We understand that the economy is in a serious slump. The government is buying shares in banks. Companies are going bankrupt. Billions of dollars of value are being wiped out in stock market declines. What does this mean for the average Alabama consumer with respect to debt collectors and credit reports? It is now harder than ever to pay debt collectors...
Video - What Happens On The Day Of Trial In District Court Or Small Claims Court In Jefferson County, Alabama
Posted on June 06, 2009In this video I discuss what happens on the day of trial in a debt buyer lawsuit in Jefferson County, Alabama (Birmingham), in District or Small Claims court: This video does not discuss the actual trial but instead the "calling of the docket" and what happens before the trial...
Video - Debt Buyers Must Answer This Question - "Where's The Title!"
Posted on June 05, 2009In this video we discuss the fatal flaw of almost every debt buyer lawsuit that we have seen - the debt buyer can't or won't prove it owns the debt. We wrote about this two years ago and, if anything, the problem has increased with debt buyers hardly making an attempt to prove ownership...
Testimonial - Video Of Consumer Sued By A Debt Buyer
Posted on June 04, 2009In this video you can see and hear one of our clients talk about his experience in being sued by a debt buyer in Jefferson County, Alabama (Birmingham). This video was made right after his trial which he won in the District Court of Jefferson County...
How to Reduce the Risk of Banks Using Exempt Funds for Debt Payment
Posted on June 04, 2009The Wall Street Journal has posted an article that discusses moves you can make to reduce the risk of your bank using exempt funds from being confiscated to pay for debt. In an earlier article we learned that benefits such as Social Security, veteran checks, disability and pensions are not allowed to be garnished by the bank if they receive an order to freeze your account...
"Closing the Benefits Loophole"
Posted on June 03, 2009The Wall Street Journal has posted an article about a group of legislators who are pushing for the Treasury Department to close a banking "loophole." This loophole allows for creditors to automatically garnish funds, such as Social Security or disability payments, from debtors' bank accounts...
Why Do Pay Day Lenders Feel They Can Abuse Alabama Consumers?
Posted on June 03, 2009I recently wrote about some of the abuses of Pay Day or Title Loan companies when they collect debts and a natural question is "WHY" do they do this? Or why do they think they can get away with it? First, most of these lenders are not considered debt collectors so they are not controlled by the Fair Debt Collection Practices Act (FDCPA)...
Alabama Collection Lawsuits Filed The Week Of May 11, 2009
Posted on May 31, 2009Here is an update on some of the debt buyer lawsuits filed in the state of Alabama during the week of May 11, 2009. Arrow Financial Services 26 Asset Acceptance 113 Atlantic Credit & Finance 92 Cach, LLC 4 Cavarly Portfolio Services, LLC 21 Harvest Credit Management, LLC 2 Hilco Receivables LLC 1 LHR Inc 2 Lionheart Funding LLC 61 LVNV Funding 15 MCM Holdings LLC 4 Merchants Adjustment Services, Inc...
Pay Day And Title Loans - Common Types Of Collection Harassment
Posted on May 30, 2009We are seeing more and more clients who are suffering from some of the most outrageous forms of collection abuse. And the abuse is not coming from debt collectors or debt buyers. It is coming from pay day lenders and title loan companies. I will follow up with more information and with some videos but I wanted to give you an idea of some of the abuses consumers in Alabama are facing from these companies...
New Video - Is It Illegal For A Debt Collector To Call My Cell Phone?
Posted on May 29, 2009This is a question that Alabama consumers often ask us as debt collectors more often than ever before are calling our cell phones. We have previously blogged about this practice of collectors calling cell phones (and we have an article on cell phone calls on our website)...
Alabama Collection Lawsuits Filed The Week Of May 4, 2009
Posted on May 29, 2009Here is an update on some of the debt buyer lawsuits filed in the state of Alabama during the week of May 4, 2009. Arrow Financial Services 30 Asset Acceptance 62 Atlantic Credit & Finance 46 Cach, LLC 3 Cavalry Portfolio Services, LLC 45 Cresent Recovery LLC 1 Delta Capital Resources, LLC 2 Harvest Credit Management, LLC 1 Hilco Receivables LLC 3 Lionheart Funding LLC 107 LVNV Funding 31 MCM Holdings LLC 2 Merchants Adjustment Services, Inc...
Pros and Cons of Bankruptcy
Posted on May 28, 2009The Alabama Consumer Lawyer Blog has posted an article that discusses the pros and cons of filing for bankruptcy and the differences in Chapter 13 and Chapter 7. John W. Sharbrough, the author, suggests that for people who have a house they want to keep filing Chapter 13 bankruptcy is more effective...
Alabama Collection Lawsuits Filed The Week Of April 27, 2009
Posted on May 27, 2009Here is an update on some of the debt buyer lawsuits filed in the state of Alabama during the week of April 27, 2009. Allgate Financial, LLC 1 Arrow Financial Services 12 Asset Acceptance 11 Atlantic Credit & Finance 2 Cavarly Portfolio Services, LLC 1 Delta Capital Resources, LLC 1 Hilco Receivables LLC 2 LHR Inc 2 Lionheart Funding LLC 23 LVNV Funding 1 MCM Holdings LLC 1 Merchants Adjustment Services, Inc...
Creditor Harassment
Posted on May 26, 2009The Houston Chronicle has posted an article that very clearly outlines what constitutes debt collector harassment. Under the Fair Debt Collection Protection Act, debt collectors are not allowed to: Tell a neighbor, co-worker or non-spouse that you owe money...
Video - How Long Do I Have To Answer The Alabama Collection Suit Filed Against Me?
Posted on May 26, 2009In our last video blog post we discussed that the biggest danger facing Alabama consumers who have been sued is not answering the collection lawsuit filed by a debt buyer. Since we have hopefully convinced you to answer - the question is "How long or how much time do I have to answer?" In circuit court in Alabama you have 30 days from when you were served...
Alabama Collection Lawsuits Filed The Week Of Alabama Collection Lawsuits Filed The Week Of April 20, 2009
Posted on May 25, 2009Here is a (belated) update on some of the debt buyer lawsuits filed in the state of Alabama during the week of April 20, 2009. Arrow Financial Services 28 Asset Acceptance 70 Atlantic Credit & Finance 123 Cach, LLC 3 Cavarly Portfolio Services, LLC 7 Delta Capital Resources, LLC 2 Hilco Receivables LLC 4 LHR Inc 2 Lionheart Funding LLC 3 LVNV Funding 6 MCM Holdings LLC 1 Midland Funding LLC 110 NCO Portfolio Management 2 Northstar Capital Acquistions, LLC 1 Palisades Collections, LLC 2 Portfolio Recovery Associates 27 RJM Aquisititions 3 TBF Financial 1 Unifund CCR Partners 7 World Acceptance Corporation 27 Worldwide Asset Purchasing 8 If you would like our free report on "The Five Secrets Debt Buyers Don't Want You To Know About" then call us at 205-879-2447, contact us through our website, or fill out the form below: Contact Information First Name * Last Name * Email * Street Address1 Street Address2 City State * Postal Code Miscellaneous Check all that apply: Check this box to order report!
New Video Reveals The Biggest Danger For Consumers Sued By A Collector
Posted on May 24, 2009We recently made a video discussing the biggest danger that consumers face when they are sued in Alabama by a collector or debt buyer - not answering the lawsuit! We are amazed at how often this happens. Consumers who don't answer the lawsuit face a default judgment which means the collector or debt buyer wins...
Cardholders and Problems with Credit Cards
Posted on May 24, 2009Time.com has posted an article that takes a different approach to dealing with the issue of credit card debt. Barbara Kiviat, author of the article, says that credit card companies' "laundry list" of fees and other assorted charges are a large matter in the problem when looking at consumer debt...
Alabama Collection Lawsuits Filed The Week Of April 13, 2009
Posted on May 23, 2009Here is a (belated) update on some of the debt buyer lawsuits filed in the state of Alabama during the week of April 13, 2009. Arrow Financial Services 65 Asset Acceptance 17 Atlantic Credit & Finance 78 Cach, LLC 11 Capital Financial Credit LLC 1 Cavarly Portfolio Services, LLC 6 Delta Capital Resources, LLC 7 Harvest Credit Management, LLC 2 Hilco Receivables LLC 11 Lionheart Funding LLC 10 LVNV Funding 15 MCM Holdings LLC 2 Merchants Adjustment Services, Inc...
New Video - Why Do Abusive Debt Collectors Call Third Parties?
Posted on May 22, 2009With the economic slowdown, we are seeing more and more abusive debt collectors calling co-workers, neighbors, family members, and others in order to collect debts. These bill collectors know this is illegal but they do it for one simple reason: It Works! If you would like to read our free report on Making Collectors Pay For Contacting Third Parties either call us at 205-879-2447 or fill out our contact sheet on our website or on this blog or fill out the report form below and we will send it to you by email or mail - whichever you prefer...
How the New Credit Law Affects You
Posted on May 22, 2009CreditCards.com has posted an article that discusses exactly how the newly passed credit reform bill will affect consumers. The new bill calls for credit card companies allowing consumers more time to pay their balance and "clearer due dates and times...
New Video - Debt Buyer Lawsuits - What Is A Debt Buyer?
Posted on May 21, 2009The explosion in lawsuits filed against Alabama consumers in Jefferson County, Shelby County, and really all counties in the state continues. So many debt buyer lawsuits are filed that the courts are struggling to handle the burden of the cases. The first question that you are likely to ask yourself when you are sued by a debt buyer is "What is a debt buyer?" Or "I never did business with Midland, Unifund, Asset Acceptance, etc - who are they?" In this short video I want to give you a little bit of insight into debt buyers and we will continue with a number of videos walking you through some information about debt buyer lawsuits...
Collection Agency Steals $2.7 Million from City of Boston
Posted on May 17, 2009InsideArm.com has posted an article about a collection agency accused of stealing $2.7 million from the city of Boston. Prosecution is claiming the president of the collection agency has "transferred more than $2.7 million from a City of Boston bank account to his own company?s account...
New Consumer Protection Article On Illegal Voicemails From Bill Collectors To Cell Phones
Posted on May 16, 2009We recently published a new article on our consumer protection website answering the question "Can a bill collector call my cell phone and leave a voice mail?" In general the answer is "sometimes" but normally the collection agency will violate the law...
Recession's Effect on Mortgages
Posted on May 15, 2009The Florida Bankruptcy Attorney Blog has posted an article that discusses the effects of the recession on mortgage payments, especially people with 2 mortgages to pay. It's possible to have taken out a "second home equity line of credit" to catch up with delinquent payments...
Proposed Credit Amendement Bill Passes House
Posted on May 13, 2009Associated Press writer Marcy Gordon has written an article about the House passing Obama's proposed credit card bill. The bill seeks to protect consumers by demanding 45 days of notice before an increase in interest. If made into law, this would take effect in 90 days...
New Video Discussing Third Party Contacts - What Is A "Third Party"?
Posted on May 13, 2009As we have discussed before, abusive debt collectors love to contact third parties to intimidate you into paying a debt. When they do this, they should be sued under federal law (Fair Debt Collection Practices Act) and state law (invasion of privacy, etc)...
Bizarre Debt Collectors' Tactics
Posted on May 11, 2009The Michigan Collection Law Blog has posted an article about "outrageous debt collectors' actions." It gives two examples of creditor harassment that violates the Fair Debt Collection Practices Act. A man was delinquent on his Mercedes payments and the collection agency Universal Tracing Services, Inc tracked down his daughter on Myspace and sent her the following message: We have been retained by, JPMorgan Chase Bank, to locate and repossess their missing collateral a 2007 Mercedes GL 450...
"Can a Small Business Owner File Chapter 7 Personally and Still Keep His Business?"
Posted on May 10, 2009The BKBlog has posted an article that discusses if an individual can file for Chapter 7 bankruptcy and still keep their business. Often times, the owner could have used personal credit cards and finances for the business, so they are being held responsible for that debt...
How Will The Chrsyler Bankruptcy Affect You?
Posted on May 10, 2009Here is an interesting post from Consumer Reports about the recent bankruptcy of Chrysler, a first for an American automaker in over 70 years.... Massive changes are taking place around us - now it is even more important to understand your legal rights when dealing with credit reports, debt collectors, or even car companies...
Obama Seeks Credit Reform in Favor of Consumers
Posted on May 08, 2009Associated Press writer Ben Feller has written an article about President Obama trying to reform aspects of the credit card industry. He wants to do away with "the tricky fine print, sudden rate increases and late fees that give millions of consumers headaches...
Bank Of America Needs About 34 Billion Dollars....
Posted on May 08, 2009Glad my Bank of America cases are closed - check out this article by the Consumerist. Let's hope our tax money doesn't get sent to these jokers. Given Bank of America's need for cash, it shouldn't surprise us to see these types of banks breaking the law more and more...
$70 Million Mortgage Scheme
Posted on May 06, 2009Associated Press' Matt Apuzzo has written an article about a "nightmare mortgage" scheme. Around 1,000 people in Maryland were tricked into paying a combined total of roughly $70 million to a company that promised to use the revenue from their money to pay off their mortgages...
One Benefit Of Suing Debt Collectors - They Tend To Not Want To Talk To You Again...
Posted on May 06, 2009There are many reasons why you would want to sue an abusive debt collector. Here is one that we have known about for some time but we are seeing more and more confirmation of it: When you sue a debt collector there are companies that will put your name in a database (along with my name...
Facebook Scheme By Debt Collectors
Posted on May 05, 2009I don't even know what to say about this one - a collection agency has created a "cute girl" on Facebook and she befriends people who owe money to help track down their contact information. Check out this story on the Consumerist. It is only a matter of time before collectors start abusing the more modern technologies like texting, social media, etc...
Auto Thefts Abound in Border States
Posted on May 04, 2009Cam Simpson of the Wall Street Journal has written an article about the large amount of auto theft in states that border Mexico. 7 out of the 20 cities with the largest numbers of auto theft are close to the Mexican border. These cities include Laredo, TX; San Diego; Albuquerque, N...
New Article On Your Right To An Accurate Credit Report
Posted on May 01, 2009We recently added an article that discusses your right to have correct and accurate credit reports. Our credit reports are very important particularly when credit is tight in these "interesting" economic times. Make sure you pull your reports, review them, dispute any items that are false, and then if you still have errors feel free to contact us...
"Smishing"
Posted on May 01, 2009Yahoo Tech has posted an article warning about a new kind of spamming called "smishing." It's getting more and more difficult for spammers to succeed through emails, and many are beginning to text message instead of email. This technique is called "smishing...
Stimulus Check Scams
Posted on April 30, 2009The Federal Trade Commission has posted an article that warns consumers about scams associated with getting stimulus payments. Scammers can use very official looking forms that strongly resemble those used by the IRS, to trick people into submitting their personal information in return for the promise of a stimulus check...
New Article On The Requirement Of Disputing Directly With Credit Reporting Agencies When You Have False Information On Credit Reports
Posted on April 29, 2009Getting rid of credit report errors is critical - particularly given our economy right now. If you have a negative account this could cause your credit card companies to slash your available credit or even close out your account. If the negative account is in error and should not be on your report, this can be particularly frustrating...
Children Can Be Victims of Identity Theft
Posted on April 27, 2009Denise Richardson of GiveMeBackMyCredit.com has posted an article about the problem of children being the victims of identity theft. Often, the theft isn't discovered until years later when...a young adult is denied a student loan, credit or employment, all because of a destroyed credit rating...
Debt Collection Agency To Pay $2.25 Million
Posted on April 25, 2009The Michigan Collection Law Blog has posted an article relating to another blog post from Workathometruth.com about the Federal Trade Commission slapping Academy Collection Service, Inc. with the largest penalty fine ever in a debt collection case. Keith Dickstein, owner of the company, has agreed to pay the fine of $2...
Identity Theft via Caller ID - Spoofing
Posted on April 24, 2009Denise Richardson of Give Me Back My Credit.com has posted an article in which she discusses "caller ID spoofing." Caller ID Spoofing is when the number displayed on your caller ID isn't the number actually calling. Scammers can use this method of spoofing to pose as hospitals or banks (or any other place), and then trick you into telling them personal information...
New Article On Why Using Certified Mail Is So Important When Dealing With Debt Collectors Or Credit Agencies
Posted on April 23, 2009We sometimes face the question of "Do I really have to spend five bucks on certified mail with the green card coming back" when our clients are mailing dispute letters to credit reporting agencies (Equifax, Experian, Trans Union, etc) or to debt buyers (Midland, LVNV, Unifund, etc) or collection agencies (AmSher, NCO, etc)...
An Example Of Illegal Collection During A Bankruptcy Case
Posted on April 21, 2009StayViolation.Com has posted an article about a lawsuit between creditor and debtor. In Texas, Brad Collier bought almost $1,000 worth of mobile home parts and supplies from Hill's Mobile Home Parts & Service, owned by Paul Hill. Collier soon after filed for Chapter 13 bankruptcy and failed to immediately notify Hill...
Wrecked Car Records Available to Public
Posted on April 19, 2009Consumer Rights Law Blog has posted an article about an online database where consumers can find records from junk yards, insurance companies, and salvage yards about wrecked cars. The idea is to help consumers "avoid buying patched up junk cars and trucks...
Fantastic Award In FDCPA Case Against Credigy
Posted on April 18, 2009Debt collectors and their lawyers almost always take the approach that its "no big deal" that the collection agency violated the Fair Debt Collection Practices Act. Read this fascinating story here about what happened to one famous debt collector (Credigy) who did not take its wrongdoing seriously and instead attacked the plaintiffs and their children...
Alabama Collection Lawsuits Filed The Week Of April 6, 2009
Posted on April 17, 2009Here is the update on the numbers of debt buyer lawsuits and lawsuits filed by the creditor Capital One during the week of April 6, 2009, in Alabama: Arrow Financial Services 31 Asset Acceptance 75 Atlantic Credit & Finance 69 Cach, LLC 8 Cap One Bank 222 Cavarly Portfolio Services, LLC 4 Delta Capital Resources, LLC 7 Harvest Credit Management, LLC 1 Hilco Receivables LLC 13 Lionheart Funding LLC 1 LVNV Funding 27 MCM Holdings LLC 3 Merchants Adjustment Services, Inc...
Free Report On Why Debt Collectors Illegally Contact Third Parties
Posted on April 16, 2009One of the worst type of abuses that debt collectors commit is contacting third parties (anyone other than the consumer or the consumer's spouse) to collect the debt. Sometimes the collectors call co-workers. This is known as an "office party". Sometimes neighbors are called by the abusive collectors - this is known as a "block party"...
Debt from Failed Business
Posted on April 16, 2009The BKBlog has posted an article that discusses if you are responsible for debt incurred by the failure of your business, and if personal bankruptcy can help. Jonathan Ginsberg, author of the blog, is based in Georgia and thusly "can only speak to how Georgia law works" but he still offers good insight...
Past Issues Of Newsletter Consumer Connections On Website
Posted on April 15, 2009Our clients and those who have requested information from us receive our monthly newsletter that we have been publishing for nearly a year now. We have just put up the issues from this year on our website under the "Articles" portion. Feel free to take a look at these and if you like them you can always contact us through our website, call us at 205-879-2447, or fill out the form below to receive the newsletter automatically free of charge...
Alabama Collection Lawsuits Filed The Week Of March 30, 2009
Posted on April 15, 2009We were interested in how many lawsuits are being filed by Capital One and by some of the debt buyers across the state. We will do this every week as we often are asked by consumers who are sued by debt buyers "Am I the only one this debt buyer has sued?"...
Alabama Collection Lawsuits - Why Answering "I Have No Job" Or "I Have No Money" Is Not Recommended
Posted on April 13, 2009In this time of economic difficulty, many Alabama residents are hurting financially and just don't have any extra money. Overtime may have been cut back or jobs completely eliminated or perhaps medical expenses have taken the rest of the monthly dollars in a household...
"Government cracking down on mortgage scams"
Posted on April 13, 2009Alan Zibel and Christopher S. Rugaber of Associated Press have written an article that discusses the government's response to an increase in "criminal actors...preying on desperate borrowers caught up in the nation's housing crisis." The article warns that "scammers" are trying to trick customers into paying hefty upfront fees for "loan modifications" that are rarely successful...
Complaints About Debt-Settlement Firms
Posted on April 12, 2009Eleanor Laise, of the Wall Street Journal, has written an article that discusses the problem of dishonest debt collection agencies. According to the article, the number of complaints about debt-settlement agencies so far this year is double the number of complaints in 2007...
Strategies for Dealing with Foreclosure
Posted on April 09, 2009The Michigan Collection Law Blog has posted an article that reminds people to have an "exit strategy" when being faced with foreclosure. This article suggests to first prioritize what kind of residence you need after having to leave the foreclosed property...
Bankruptcy and Student Loans
Posted on April 07, 2009The BKBlog has posted an article that discusses the effects bakruptcy has on student loans. Student loan creditors have become more active in collecting their money in light of the current economic decline. Different "collection resources" are available for student loan companies looking to collect their money, however There is one statute that permits student loan creditors to garnish wages without the need to first go to court...
FTC Video Spoof
Posted on April 03, 2009Our friend Denise Richardson has posted a blog about the Federal Trade Commission spoofing the freecreditreport.com commercials. The FTC's spoof video reminds consumers that the only truly free (and legal) way to get a credit report online is with AnnualCreditReport...
Why We Don't Recommend Filing Counterclaims In Debt Buyer Suits
Posted on April 02, 2009We will expand on this on our website but we have noticed a number of Alabama consumers who have filed counterclaims when sued by a debt buyer. We generally do not do this for several reasons. First, it can complicate an otherwise simple case. The debt buyer sued you...
Insight and Tips on Credit Cards
Posted on March 31, 2009Our friend Denise Richardson has a guest post on her blog providing insight into the credit card industry. The source, and author of the blog post, is Scott Taylor, who was in the industry for 20 years. Taylor feels that credit cards can be very useful when used properly, but the average consumer doesn't have enough education about how the credit card industry works...
Banking Industry Seeking to Alter Customer Privacy Protection
Posted on March 30, 2009The San Fransisco Gate has posted an article, written by John Diaz, about the banking industry's attempt to alter a law dealing with customer privacy. In California in 2004 a law was passed saying that the customer's permission had to be granted before their personal financial information, such as credit card activity, could have been sold or shared...
New Article On Debt Collector Voicemails And Offer Of Free Report
Posted on March 29, 2009We are filing more and more lawsuits against collection agencies, debt collectors, and debt buyers for leaving illegal messages on our clients' answering machines and voicemail systems. There is a great need for more information as so many Alabama consumers are having to deal with these illegal voicemails so we wrote a short article for you which we hope will be helpful...
Sign Up For Our Free Newsletter
Posted on March 28, 2009For about 8 months we have been publishing our newsletter, Consumer Connections, and our clients have found it to be filled with useful content. We have addressed timely articles such as illegal voicemails, illegal third party contacts, dirty tricks of insurance companies, and other articles that we think you will find valuable...
Georgia Law Firm Under Investigation
Posted on March 28, 2009The Atlanta Journal-Constitution has posted an article about problems with a debt collection firm in Georgia. Alison Young, who wrote this fascinating article, says that consumers have complained of the firm using "deceit and abusive tactics" to collect their money...
Some Municipalities Using Private Debt Collectors
Posted on March 26, 2009Business Week posted an article bringing attention to some cities and states decision to enlist private debt collectors to track down and collect "fines", such as speeding tickets and library fines. Jessica Silver-Greenberg and Peter Carbonara, authors of the article, say the idea behind this is to cut cut costs by collecting these unpaid fees from private collectors rather than hire more government employees saying their employees do the job just as effectively...
How You Should Use A Collection Log To Track Communication From Debt Collectors
Posted on March 23, 2009We found there was a need to explain why we suggest you use a collection log and how to use the collection log. Therefore, we wrote an article that we trust will be helpful to you as you deal with collection agencies or debt buyers. Please take a moment and read this article and make sure you take advantage of the free collection communication logs so you can accurately track the communications you receive from debt collectors, particularly collectors that break the law...
Why You Should NOT Record Calls With Debt Collectors
Posted on March 21, 2009We are often asked by consumers about secretly recording phone calls with abusive debt collectors. Our answer often surprises consumers as we normally say "No". If you would like to find out why, please read our new article entitled "Two Reasons Why We Recommend You Not Record Calls In Alabama"...
Sen. Schumer Calls for Investigation into Debt Collecting Practices
Posted on March 20, 2009U.S. Senator Charles E. Schumer (D-NY) has urged a federal investigation to look "into debt collection companies that pursue payments from relatives of deceased debtors, saying the practice appears to violate existing law." Schumer argues that debt collectors who harass a deceased person's family members should be required to state they (the family members) have no obligation to pay the debt unless they were a co-signer...
Alabama FDCPA Lawsuit - Part Two - Filing The Lawsuit
Posted on March 18, 2009Filing the lawsuit is the first step in an Alabama Fair Debt Collection Practices Act (FDCPA) case against an abusive debt collector. Some lawyers like to negotiate with debt collectors before they sue but (with one exception) we do not do this as we are dealing with abusive collection agencies and debt buyers...
Risks Associated with Used Car Dealerships
Posted on March 18, 2009The California Lemon Law Blog posted an article about the increasing risks associated with used car dealerships. Howard D. Silver says that identity theft, corruption, and fraud were uncovered in a recently concluded investigation of the January 2007 shooting of a New York used car salesman...
Twitter In The Courtroom?
Posted on March 17, 2009Here is an intriguing story about a reporter using twitter to report on a trial in federal court. What do you think of this? My concern was about jurors reading this but here is the judge's response: A couple of lawyers voiced concern about the possibility that a juror might visit the online site to read the posts from Ron Sylvester, a reporter for the Wichita Eagle, but U...
Foreclosure Crisis Worsens
Posted on March 16, 2009The Consumer Law and Policy Blog has posted an article dealing with an increase in foreclosure related problems. The article says that... "while foreclosure filings have not increased, every other category, including total loans in foreclosure and total loans more than 90 days past due, increased and continues to set new records...
Experian And FICO Scores
Posted on March 15, 2009The California Credit Law Blog has a recent post about how Experian will no longer make its FICO score available to the public. You can still access your credit report from Experian (and Trans Union,Equifax and Innovis) for free every twelve months and it is the credit report that provides the data that FICO uses to create your score...
American Express Pays off Clients to Pay Balance/Cancel Account
Posted on March 14, 2009John W. Sharbrough, of the Alabama Consumer Law Blog, posted an article relating to American Express' attempt to bribe clients to pay off their debt. The company is offering customers as much as $300 to pay off their balance and and close their card...
Wrongful Foreclosure Lawsuits - Failure To Credit Payments
Posted on March 13, 2009Given the increase in foreclosures in Alabama (and nationwide), we are often asked if we can file suit against the mortgage companies for foreclosing on our clients. The answer is "it depends - what did the mortgage company do wrong?" The simplest type of case (not simple to litigate but the cleanest) is when a mortgage company simply does not credit the payments it has received...
Agency that Collects Bad Check Fees Sued
Posted on March 12, 2009CNN.com posted an article, written by Drew Griffin and David Fitzpatrick, highlighting a particular organization that works with prosecutors' offices to collect fees from bad checks. However, the article says that when the American Corrective Counseling Services contacts individuals who have written bad checks, they often claim to be part of the attorney general's office...
Billing By The Hour - A Dying Concept?
Posted on March 11, 2009Recently a well known lawyer (Evan R. Chesler) wrote a piece in Forbes about why the billable hour method of billing clients should be killed. We agree. Here is an excerpt from this interesting article: The billable hour makes no sense, not even for lawyers...
FTC Report February 2009 On Collecting Consumer Debts - Part Three
Posted on March 11, 2009On page two of the FTC Report, it begins to describe the "Debt Collection Process". First, often times creditors use "in house" or their own collection department to attempt to collect the debt. When this is unsuccessful, the creditor will charge off the account and send it to a third party collector...
Rogue Debt Collectors
Posted on March 11, 2009The current economic state has pushed some debt collectors to ?go over the line.? CNN posted an article on the ?rogue? debt collectors and how to fight them, should you be on the receiving end. The Fair Debt Collection Practices Act mandates that debt collectors to treat their clients with a measure of respect, including such things as not calling before 8am and after 9pm and prohibiting profane or offensive language...
FTC Report February 2009 On Collecting Consumer Debts - Part Two
Posted on March 10, 2009This continues our series on reviewing and summarizing the FTC Report issued last month about changes needed to the Fair Debt Collection Practices Act (FDCPA). In our first post we addressed the purpose of the report and in this post we will look at the Executive Summary of the report that deals with the five conclusions and proposals of the FTC...
Debts Not Covered by Bankruptcy
Posted on March 10, 2009The New York Bankruptcy Litigation Blog has posted an article about what debts remain unresolved should you file for bankruptcy. Exceptions include child support, alimony payments, "certain cooperative housing fees", "debts brought about by intentional injury or property damage caused by the debtor" (this also includes personal injury debts caused by driving under the influence of drugs or alcohol), and any debt owed to a form of a government agency ( such as tax claims and penalties or fines)...
Interesting Advice From Debt Collection Lawyer Blog About Debt Buyers
Posted on March 09, 2009At the Debt Collection Lawyer Blog this advice is given to consumers who are dealing with the collection activities of a purchased debt (junk debt): One of the most effective tacks to take as a debtor is to say, "yes, I may have had a debt with XYZ, but I don't know who in the world you are...
Title Agencies Sued
Posted on March 09, 2009Four title companies, all owned by Stephen Colson, are being sued. The companies, which include Prestige Title of Alabama, are being sued and this inhibits homeowners from refinancing their homes, and in some cases, leaves people wondering if they actually own their homes...
FTC Report February 2009 On Collecting Consumer Debts - Part One
Posted on March 08, 2009Debt collection is a changing industry that is influenced by technological changes and changes in the method of debt being transferred - more and more it is by debt being sold to debt buyers. In October 2007 the FTC held a workshop to discuss these changes and how the law, particularly the Fair Debt Collection Practices Act (FDCPA), should be amended to keep up with the numerous changes since it was enacted in 1977...
Foreclosure in Alabama
Posted on March 08, 2009The Birmingham Bankruptcy Blog posted a video about the foreclosure procedure in Alabama. In Alabama, the mortgage company doesn?t necessarily have to file a foreclosure suit to begin the process of foreclosing on your house. All the lender has to do is publish a notice of foreclosure in a local newspaper (commonly the Alabama Messenger in the Birmingham area) for three consecutive weeks...
Data Breach At University Of Alabama May Affect 37,000 People
Posted on March 07, 2009Denise Richardson has reported on the data breach at the University of Alabama: University of Alabama campus officials sent letters out to 37,000 people whose personal information may have been stolen by computer hackers. The school revealed Friday that in November, seventeen of their four-hundred databases were tapped by hackers...
Video Deposition Of IC Systems Regarding Complaints And Policies
Posted on March 06, 2009Our friends at Dean Malone's lawfirm in Texas took this deposition of an employee at the well known IC Systems regarding the number complaints that IC Systems receives per year and what changes in policies occur. We hope you'll find this interesting, particularly if you are dealing with IC Systems as many Alabama consumers are...
Free Report - 5 Secrets Debt Buyers Don't Want You To Know About When They Sue You
Posted on March 01, 2009Alabama Consumer Sues Beneficial, Homecomings, America's First Federal Credit Union, Credit Bureau Services, and Experian For False Credit Reporting After Bankruptcy
Posted on February 27, 2009Alabama Consumer Sues Debt Buyer Midland, Equifax, Experian, and Trans Union For False Credit Reporting
Posted on February 25, 2009Our office
Alabama Consumer Case Filed Against Bay Finance Company, Redstone Federal Credit Union, Equifax, Experian, and Trans Union
Posted on February 24, 2009Our friend Anthony Bush with Anderson Nelms & Associates
10 Things Congress Needs To Recognize Regarding Consumer Protection
Posted on February 22, 2009Americans For Fairness In Lending has a nice list of ten items that the government needs to consider and act upon to help restore some order to the markets and to be fair to consumers. We won't repeat them here except to say we are particularly concerned about the horrendous practice of mandatory binding arbitration - particularly when it occurs through an amendment contained in a "bill stuffer"...
Good Thoughts On Offers Of Judgment In FDCPA Cases
Posted on February 21, 2009Nicolas Ortiz has an excellent post on offers of judgment in FDCPA cases. We previously blogged about this and will continue to do so as this strategy is being used more and more by debt collectors who get sued. As Nicolas Ortiz puts it, the basic gist of an offer of judgment is: If a plaintiff rejects an offer of judgment and recovers less that the offer amount at trial, he must pay the defendant?s costs...
Alabama Consumer Sues Debt Buyer Midland And Providian Bank For False Collection Activities
Posted on February 20, 2009A lawsuit was filed this month in the Middle District of Alabama against the well known debt buyer from California Midland Credit Management and Providian Bank. In the suit, our friend Anthony Bush represents Frederick Myers who claims he was contacted by both Providian and Midland on a debt that is not his...
Consumer Attorney on WJOX
Posted on February 19, 2009Our good friend Mike Lindsey has been appearing live on the local sports radio station with Jay Barker, Al Del Greco and Tony Curry in the mornings on WJOX program, The Opening Drive, informing Alabama consumers of their rights against debt collectors and credit reporting agencies...
Good Posts On Bankruptcy From Matt Dunaway
Posted on February 19, 2009Our friend Matthew Dunaway has several good recent posts on bankruptcies on his Birmingham Bankruptcy Blog. *Chapter Seven Bankruptcies - 10 Things You Need To Know *Bankruptcy Basics - 10 Things You Need To Know *Finally, Bankruptcy Right For You? - 7 Things To Consider Stay current on Matt's blog as it will be providing, we are sure, more and more useful information to you...
Alabama FDCPA Lawsuit - Part One - Overview
Posted on February 17, 2009We are often asked by victims of abusive debt collectors what is the general overview or road map to what happens when they file a federal lawsuit under the Fair Debt Collection Practices Act (FDCPA) against the abusive debt collector. We have recently started a similar series concerning Alabama injury lawsuits over on our Birmingham Injury Blog and thought it would be a good idea to do something similar with an Alabama FDCPA case...
The New Anti-Wage Discrimination Law
Posted on February 15, 2009This video describes (with an admitted slant) the compelling story of Lilly Ledbetter who was defeated at the U.S. Supreme Court in her attempt to gain justice for Goodyear breaking the law by paying her less than comparable male employees. This led to Congress passing a law prohibiting courts from throwing out similar cases based when the discrimination was discovered...
Why Is The Credit Reporting System Broken?
Posted on February 13, 2009A recent Smart Money article by Anne Kadet lays out in a very clear manner what is wrong with the credit reporting industry (Experian, Equifax, and Trans Union). Rather than summarize this article, read it. Then read it again - its that good and important...
Free Seminar Thursday February 19, 2009 On Debt Buyer Lawsuits
Posted on February 13, 2009There has been a huge increase in debt buyer lawsuits against Alabama consumers, particularly in Shelby, Jefferson, and the surrounding counties. There are only so many people we can meet with one at a time so next Thursday, February 19, 2009, at 4 PM, we are offering a free seminar/workshop for individuals who have been sued by a debt buyer and who are not out of time to answer the lawsuit...
Anatomy Of An Alabama Collection Lawsuit - Part Five - After You Answer
Posted on February 11, 2009We have previously blogged about the background of a collection lawsuit in Alabama, the filing of the collection suit, service of the complaint upon you, and the answer that must be filed. Today we will discuss what happens after you file your answer...
Collection Industry Reports More Lawsuits Against Consumers Due To Economy
Posted on February 09, 2009As we noted earlier in our thoughts on what the economic problems would mean for consumers facing collection, a collection industry report indicates that more collection lawsuits are being filed. The reasons? As "Inside ARM" indicates: Kaulkin Ginsberg Director Mark Russell gave a couple of reasons for the up-tick in debt collection lawsuits...
Washington Post Article On When Debt Collectors Call At Dinner
Posted on February 07, 2009We appreciate that the Washington Post ran this article about debt collectors calling but there is one area we want to clarify as it might leave consumers with the wrong impression about debt buyers (debt scavengers/bottom feeders/buyers of distressed debt - whatever you want to call them)...
Does The Debt Go Away If I File A Federal Lawsuit Under The FDCPA
Posted on February 05, 2009A question we are sometimes asked is "Does it matter if I actually owe the debt that an abusive debt collector is collecting on and if I sue the abusive debt collector does the debt go away?" The short answer to this question is "No". Whether or not you owe the debt does not matter if you are the victim of an abusive debt collector...
Good Video Describing How To Choose An Attorney
Posted on February 03, 2009I met Gerry Oginski this weekend at a legal conference and enjoyed talking with him. We discussed his wonderful collection of informative videos. Normally, his videos apply more to our personal injury and wrongful death practice but this one applies across the board and certainly applies to you when you are looking at choosing a consumer attorney to sue an abusive debt collector or to sue the credit reporting agencies for violating the Fair Credit Reporting Act...
Foreclosure - How Are The Banks Treating Consumers?
Posted on February 01, 2009Our friend Denise Richardson has an interesting post concerning investigations into the runaround that consumers are getting. Click over to her site and watch the videos. Particularly the ABC video where a congresswoman calls banks - if she has this much trouble, don't be surprised if you face similar runaround...
Social Networking Sites - Facebook, LinkedIn, and Twitter
Posted on January 19, 2009If you would like to connect with me on these sites, click on the following links and they should take you to my pages. Facebook LinkedIn Twitter I look forward to hearing from you....
Visit Justia To Learn More About Watts Law Group, PC
Posted on January 17, 2009Justia is a wonderful website that contains a tremendous amount of information about the law. I recently put up a profile on Justia that you might find useful - it has contact information and a map to my office as well other useful information. I hope this is helpful to you.
Alabama Bankruptcy Blog
Posted on January 16, 2009We recently ran across a good blog by Richard Collins - the Alabama Bankruptcy Blog. Check this out - Richard has some very interesting blog posts on here relating to Alabama bankruptcy law. There is a lot of mis-information about bankruptcy floating around and we noticed Richard has published a book entitled "Bankruptcy Myths" that we plan on requesting...
What The FTC Says About Pay Day Loans
Posted on January 15, 2009Pay day loans are almost always bad for consumers - in part because if you do business with people who will charge the types of outrageous rates that pay day lenders charge you can expect that they will violate laws when it comes time to collect the debt...
What Do I Do If There Is A Default Judgment Against Me When I Was Never Served?
Posted on January 07, 2009We discussed yesterday why it is not a good idea to wait on filing your answer until you are served as this exposes you to the danger of a default judgment. But if you already have a default judgment against you from a collection lawsuit filed by a debt buyer (Midland, LVNV, Asset Acceptance, Palisades, etc) then what are your options? One option is to settle with the debt buyer...
What Is Contributory Negligence And How Does It Apply To A Consumer Case In Alabama?
Posted on January 04, 2009On our personal injury blog - Birmingham Injury Blog - we discussed "Contributory Negligence" in the context of a car wreck or truck wreck lawsuit. We are asked how this applies to consumer litigation claims. Often we bring state law claims under Alabama law when we file suit for Alabama consumers...
Should I Wait Until I Am Served To File An Answer To A Collection Lawsuit?
Posted on January 04, 2009We are often asked this question by people who have been sued by debt buyers such as Midland, Asset Acceptance, Unifund, LVNV, and a host of other debt buyers. They may have been previously contacted by collection law-firms such as Zarzaur & Schwartz, Nathan & Nathan or others or they may have found out about the lawsuit by getting letters from lawyers offering to help...
Denise Richardson's Give Me Back My Credit Website Is Back Up!
Posted on January 03, 2009Our friend Denise Richardson who runs the site Give Me Back My Credit was down for a bit due to attacks but is now back up and running better than before. This site is a wonderful resource for identity theft issues, collection agency abuse, and credit reporting errors...
What Will Debt Collectors Do In 2009 Given The Economic Crisis?
Posted on January 01, 2009The short answer is no one truly knows the future but our best judgment is that we will see a marked increase in the amount of violations of both the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. The reason is simple - consumers have less money to spend on everything...
Is It Legal For A Debt Collector To Leave A Voice Mail Message On My Cell Phone?
Posted on December 29, 2008We recently had a post about voicemail messages to your home phone and everything we said there applies to cell phone messages as well. The reason we have added this post is the rampant use of auto dialers by collectors against Alabama residents who have cell phones...
Is It Legal For A Debt Collector To Leave A Voice Mail Message On My Home Phone?
Posted on December 28, 2008Debt collectors routinely break federal law when leaving voice mail messages on your home phone. According to the Fair Debt Collection Practices Act, a debt collector must give you the "mini-miranda" when having any communication with you. This means telling you that this is a debt collector and this is an attempt to collect a debt...
What Do Voicemail and Caller ID Have To Do With Debt Collectors Calling My Neighbors?
Posted on December 27, 2008There has been a change in the way collectors do business because of voice mails and caller id. Before we had these technological aids, when the phone rang we pretty much answered it. After all, it might be a close friend or a family member who we wanted to talk to...
New Decision On Emotional Distress Damages Under The Fair Debt Collection Practices Act
Posted on December 25, 2008Gary Nitzkin has an excellent post about a recent decision involving the Fair Debt Collection Practices Act and emotional distress damages. This is consistent with decisions in Alabama federal courts. Even though lawyers defending collectors like to pretend that emotional distress damages can never be recovered (they drink deeply from the Kool-Aid) the truth is that one of the main reasons the FDCPA was passed is because of the enormous emotional damage that results from abusive debt collectors...
Can A Debt Collector Call Me About A "Charged Off" Account?
Posted on December 23, 2008A question we often are asked is whether it is legal or proper for a debt buyer or collection agency to try to collect (call, write, sue, etc) on a credit card account that has been "charged off". The short answer is "Yes" with some exceptions.... An account that has been charged off simply means that from an accounting perspective the account has been removed from Accounts Receivable which is an asset...
Outsourcing Of Legal Jobs
Posted on December 07, 2008The Wall Street Journal reported late last month about the explosion in US legal jobs being sent overseas to India. It seems the economic troubles are causing some big companies to reduce legal expenses by hiring cheaper Indian lawyers. While this is not directly related to consumers facing debt collection (although many collectors are now from India) or errors on credit reports (although the investigations occur off shore) it does show how the pressures on companies to reduce expenses (or raise revenues) reaches even into the most prestigious law firms...
Good List Of Debt Settlement Tips
Posted on December 05, 2008Jonathan Stein is a lawyer in California with a couple of really nice blogs and he recently had an article entitled "Debt Settlement Tips" published by Avvo which has information about lawyers in various states (not in Alabama yet). If you are dealing with debt and need some suggestions, take a look at his article...
Denise Richardson's Redesigned Website For Consumers
Posted on December 03, 2008One of our favorite blogs (and bloggers) is Denise Richardson who has a wealth of helpful information about identity theft and other consumer issues. Her personal story is impressive and the content of her site reveals her dedication to consumers. She has recently redesigned her website and blog - check them out and if you don't subsribe by RSS to her blog we recommend you do so in order to make sure you get to read all of her posts...
Motivation - Never Give Up!
Posted on December 01, 2008While not what we normally post about on here - this post by David Ward is excellent and should be read by everyone who ever thinks of giving in or giving up. This post gives a short summary of the trials and discouragements that many great historical figures faced - including Lincoln, Churchill, Einstein, Babe Ruth, etc...
Two Ways Creditors And Debt Collectors Violate The Discharge Order After Bankruptcy
Posted on November 29, 2008Our friend Jay Fleischman earlier this month pointed out two ways creditors and debt collectors violate the discharge order. As you may know, the discharge order prevents anyone from trying to collect debts that have been discharged. Jay points out that collectors and creditors will either directly contact you to collect the debt or leave false information on your credit reports...
Scam Warnings From Better Business Bureaus
Posted on November 05, 2008Denise Richardson has a good post up about some recent scams that are affecting people, particularly older Americans. Check out her post and remember if something "smells wrong" trust your instincts - it probably is and you should proceed with caution.
Credit Repair Firms Sued By FTC
Posted on November 02, 2008Credit reports are so important that there is the temptation to want to remove all negative information. We help consumers dispute false negative information but not correct negative information. Unfortunately, there are many credit repair firms that charge money to remove correct negative accounts...
Productivity - Why We Use Box.net
Posted on November 01, 2008We made a decision to scan all of our documents in which left us with the question of where do we scan the documents to? We experimented with server options but ultimately decided to fully embrace keeping information on the web. Box.net is a simple site that organizes documents the same way you would organize them on your hard drive...
Want A 6 Minute Video Explanation Of The Financial Crisis - Watch It Here
Posted on October 30, 2008Here is a great 6 minute explanation (with whiteboard) using bottles and glasses to explain the mess that has been created. I found this through a wonderful blog dealing with making presentations - Presentation Zen (great book also!). Check out this video and the Presentation Zen website...
10 Important Steps For Alabama Consumers To Keep Their Credit Reports Clean
Posted on October 28, 2008In these turbulent economic times, it is more important than ever to keep your credit reports clean and free of errors. Having an error could lead to your credit card limits being reduced. Your credit card rates being increased. Losing a security clearance which could lead to losing your job...
Productivity - Why We Use Gmail
Posted on October 26, 2008As lawyers representing Alabama consumers most of our cases are in federal court. After filing the case everything happens electronically with all orders and motions, etc. being sent by email. Most of the lawyers on the other side communicate mainly by email...
Join Us On Linkedin
Posted on October 24, 2008Linkedin is a service that Stan Herring and I have started to use to connect to people all over the country. We have just started using it so we are definitely just "playing" with it right now but we invite you to check out our profiles and "link in" with us...
When I Dispute A Debt, What Does The Debt Collector Have To Do With My Credit Report?
Posted on October 22, 2008Collection agencies and debt buyers (both of these are "debt collectors") love to put debts on credit reports of Alabama consumers because this is so effective at getting the attention of consumers. This is legal and fair as long as it is accurate and true...
Capital One Caught Stealing From Consumers After Debts Were Discharged
Posted on October 20, 2008Unfortunately sometimes consumers must file Chapter Seven Bankruptcy ("straight bankruptcy") and this results in debts, including debts owed to Capital One, being discharged. Years later the consumer may need to file a Chapter Thirteen Bankruptcy to save a house or because of medical bills and Capital One will file a fraudulent "proof of claim" in the new bankruptcy case to get paid on the discharged debt...
FAQ On Fair Debt Collection Practices Act - Collector Harassment
Posted on October 18, 2008In these troubled economic times there will be more and more harassment by debt collectors and debt buyers as Alabama consumers will continue to be squeezed tighter and tighter financially by what is going on in our country. Because there is not as much money to give to collectors, many collection agencies and debt buyers will step way over the line and find themselves in the middle of harassing Alabama consumers in order to obtain money...
FAQs On The Fair Credit Reporting Act
Posted on October 16, 2008We frequently post about Fair Credit Reporting Act issues and over the years of representing consumers we have realized that there are a lot of questions that are frequently asked. While nothing can replace a face-to-face meeting with an experienced attorney, on our website we have prepared a page which has a lot of frequently asked questions and some short simple answers...
Alabama Consumer Threatened By Collection Agency With Suit Over A Cell Phone Bill More Than Two Years Old
Posted on October 14, 2008We have previously blogged about the two-year federal statue limitations which applies to cell phone bills. It seems as if debt collectors and debt buyers have purposely ignored this federal law as they routinely sue and threaten to sue Alabama consumers when it has been well beyond two years...
An Example Of A Recent Debt Buyer Lawsuit Against Our Alabama Consumer
Posted on October 12, 2008We have discussed many times the problem with the explosion of debt buyer lawsuits against Alabama consumers, particularly when the debt buyers will not or are not able to present any proof or any evidence to the court that the hundreds and hundreds of Alabama consumers that they sue each month actually owe one penny to the debt buyer...
Request For Suggestions On Audio And Video Posts
Posted on October 10, 2008While in the past we have put up some audio and video posts, we are making a concerted effort to add more audio and video to our blog. Please let us know by contacting us if you have any suggestions or requests for various audio or video blog posts. We will do our best to accommodate any special requests that you might have...
Follow Us On Twitter
Posted on October 10, 2008We have just started using Twitter and we are still figuring out what it all means... :) I heard someone describe it as "stalking" but let's put a positive spin on it - its a way to put up blog posts, short updates on what is happening, and to ask quick questions...
Received Your Bankruptcy Discharge But Still Being Harassed About Discharged Debts? Must You Re-Open The Case?
Posted on October 08, 2008Many Alabama consumers have made the hard decision of filing bankruptcy and then after going through it expect to be given the "fresh start" promised by federal law only to find that debt buyers and collection agencies are waiting for them "on the other side" of the discharge order...
Not All Managers Are Exempt From Overtime Pay
Posted on October 06, 2008Over the years we have handled Fair Labor Standards Act (FLSA) cases where employees have not been properly paid overtime. It is often assumed that managers are "exempt" from overtime laws - the FLSA - and therefore can be worked into the ground with the employer only paying the salary...
OJ Simpson Verdict - 13 Years Later Justice Is Served....
Posted on October 04, 2008In a bizarre story (as if it wasn't strange enough), listen to this: In a city where luck means everything, O.J. Simpson came out the big loser ? and his unlucky number in a case full of bizarre twists was 13. He was convicted of an armed robbery that happened on Sept...
Productivity Posts For Lawyers And Others
Posted on October 04, 2008We will start posting some ideas and experiences we have with productivity tools, software, and websites. We have learned better ways of doing things over the last several years of having our own firms and we want to share those with you. We need to always be ahead of our competition as the lawyers representing debt buyers, credit reporting agencies, and collection agencies are usually large firms with a lot of staff so technology and productivity tools allow us to concentrate on lawyering and not getting bogged down in the logistics...
Errors On Credit Card Statements - What Alabama Consumers Should Do With The Fair Credit Billing Act
Posted on October 03, 2008We just were this week contacted by an Alabama consumer who is dealing with false charges on her credit card bills. Unfortunately, this problem affects consumers across the country including those of us in Alabama. Our friend Jay Fleischman has an excellent post on this issue which we recommend you read...
Pulling Credit Reports - Make Sure And Include Innovis
Posted on October 02, 2008We tell all clients to pull their credit reports from Equifax, Experian, and Trans Union. Now we also advise everyone to pull their report from the fourth major consumer reporting agency - Innovis. This agency seems to be growing in terms of the number of credit card companies and collection agencies and debt buyers that use it...
We Are Back To Blogging!
Posted on October 02, 2008Due to some trials and travel schedules we have not been blogging recently but we are now back up and running. We appreciate your patience while we have been snowed under with work and travel. We will have a good number of new posts about new lawsuits that we have filed as well as other consumer issues that have come up recently in these turbulent times...
Alabama Consumer Sues Harvest Credit Management For A Bogus Collection Suit
Posted on September 08, 2008We recently filed suit on behalf of a Jefferson County resident who was sued by the debt buyer firm of Harvest Credit Management on a debt he did not owe. We successfully defended the consumer and then filed a federal lawsuit against the debt buyer Harvest Credit Management...
Experian's "Free" (Or Not Free) Credit Reports
Posted on August 30, 2008The California Credit Law Blog refers to the not so free credit reports that Experian is pushing: The NY Times reports that Experian is spending $70 million per years advertising its FreeCreditReport.com site where many consumers log on deceived into believing they will get a "free" credit report...
Texas Attorney General Fires Down On Texas Debt Collector Anderson Crenshaw
Posted on August 28, 2008We have sued the Texas debt collector Anderson Crenshaw in the past for violating the Fair Debt Collection Practices Act and re-aging accounts on credit reports. On August 6, 2008, the Texas Attorney General sued this collection agency for violating laws in collecting debts...
Debt Buyers Suing On Purchased Debt
Posted on August 26, 2008Here is an interesting post from a collection attorney in Michigan concerning a debt buyer trying to prove its case against a consumer. While we differ with the author (Gary Nitzkin) on several issues - we do believe that the debt buyer must bring a witness from the original creditor, for example - still the substance of the article fits with our view of the law...
Burden Of Proof When Debt Collectors Sue
Posted on August 24, 2008Jay Fleischman has another short but powerful post on consumer litigation issues in his New York Consumer Litigation Blog. This post focuses on the fact that debt collectors (or debt buyers in this case) must actually prove that you owe them the money they claim...
Statute Of Limitations On Credit Card Debt - Which State Law Applies?
Posted on August 22, 2008Our friend Jay Fleischman of the New York Consumer Litigation Blog points out something that is rarely discussed in collection suits over credit card debt - which state statute of limitation law applies when a credit card company (or debt buyer) sues you? Here is the heart of the matter according to a recent court decision out of Florida: In the recent case of Capital One Bank USA, NA v Gregorich, one court in Florida has hit the nail on the head by saying that the statute of limitations is governed by the Cardmember Agreement between the consumer and the credit card company...
Early Retirement Investment Scams - A Warning
Posted on August 20, 2008Please read here for a sober warning about scams involving early retirement - even for employees of large well known companies. As always, educate yourself and protect yourself. By the way, the Investor Fraud Lawyer Blog is an excellent resource for these types of issues.
Podcast - Elements Necessary For Fair Debt Collection Practices Act To Apply
Posted on August 18, 2008John G. Watts of Watts Law Group P.C. discusses debt collection, and the four elements necessary to have the Fair Debt Collection Practices Act apply. MP3 File
Consumers Can Make A Difference In Washington DC
Posted on August 16, 2008Consumers can make a difference by being educated and taking action on their consumer rights. Abusive debt collectors can be sued. Credit reporting agencies can be sued. But the real long term difference will be made when we all (we are all consumers, right?) take action within the framework of the government...
Should You Settle Or Go To Trial?
Posted on August 14, 2008On our Personal Injury blog - Birminghaminjuryblog.com, we recently discussed a study reported by the NY Times on whether most plaintiffs come out better or worse when going to trial versus settling. While each case is unique and there are many factors to consider, this is an interesting study.
Update On Medical Credit Reports
Posted on August 12, 2008We previously discussed medical credit reports - here is an update with some additional information that may be of interest to you as this practice of rating consumers based upon either ability to pay or previous medical treatment will only grow. We'll keep you posted.
Fascinating Article On The Arbitration Debate
Posted on August 10, 2008The CL&P always produces good work and this article is particularly interesting as it shows some seeming contradictions between past and current writings of one of arbitration's biggest supporters. Read the article yourself and keep your eyes open as it seems that the arbitration zealots have finally over-reached so much that Congress may be inclined to step in and take some much needed action for consumers...
Terrible Story Of Man Who Set Himself On Fire Over Collection Calls
Posted on August 08, 2008The Consumerist recently ran a story on this gentleman who set himself on fire in a rent-a-center store because he said he had received too many late notices and collection calls. Obviously there are serious issues involved with this man but Congress recognized when it passed the Fair Debt Collection Practices Act that abusive collection tactics can break up marriages and have a terrible effect on consumers...
Warning About Debt Reduction Or Debt Settlement Companies
Posted on August 08, 2008Our friend Denise Richardson has an interesting post about how Credit Solutions, supposedly the largest debt settlement company in the nation, is being sued for allegedly misrepresenting what it can do for consumers. With so many consumers facing crushing debt, there is a huge marketing campaign ongoing for debt settlement companies...
Video On Debt Buyers, Harassment, Collection Lawsuits And How To Fight Back
Posted on August 07, 2008Here is an interesting YouTube video on debt buyers, harassment, and ways to fight back. Enjoy this video and we hope it is helpful to you. If you live in Alabama and are facing any type of contact with debt collectors, please contact us and we will be glad to help you.
Alabama Consumer Sues LVNV, Capital Management, and Resurgent Capital For Violating The FDCPA After Consumer Wins Collection Suit
Posted on August 06, 2008We recently filed a suit on behalf of an Alabama consumer against three related debt collectors - LVNV, Capital Management, and Resurgent Capital. We also sued Experian for violating the Fair Credit Reporting Act by keeping a false account on our client's credit report...
Interesting Financial Information On Debt Buyer Asset Acceptance
Posted on August 04, 2008Asset Acceptance is a company that we have sued before for false credit reporting after losing a collection lawsuit against our client who did not owe the money. Creditcollectionsworld.com recently ran an interesting story on the financial condition of this large debt buyer which is summarized in this final paragraph from the story: Asset Acceptance had reported net income of $6...
Listing Of Major Collectors, Debt Buyers And Collection Law Firms
Posted on August 02, 2008Click here to see a listing of the top debt buyers, collection agencies, and collection lawyers from 2007. Its always interesting to know if a company you are dealing with is a major company or a smaller company and we are always interested in this when we file suits against abusive debt collectors and debt buyers.
Great Story On Punitive Damages
Posted on July 31, 2008Ron Burdge has a great story that illustrates why punitive damages are necessary when car dealers commit fraud against consumers. Simply giving the stolen money, if you will, back doesn't change the bad conduct. Read the story in its entirety and we highly recommend Ron's site as it is full of useful information...
Mediation In Alabama - What Is It And What Does It Mean For Your Case?
Posted on July 29, 2008Most of our consumer cases (Fair Credit Reporting Act and Fair Debt Collection Practices Act) are filed in Federal court (click here to see a listing of some of them) and part of being in Federal court is the practice of mediating cases. We recently wrote in our companion blog Birmingham Injury Blog a post about mediation that you may find helpful to you in understanding your options in a lawsuit...
Trial Tips For Alabama Consumers And Consumer Lawyers
Posted on July 27, 2008While most consumer cases do not go to trial, you and your consumer lawyer need to be prepared to try your consumer case. At our companion blog - Birmingham Injury Blog - we have a section devoted to Trial Tips that we hope will be helpful to you. Feel free to let us know if you have any questions or comments about this - feel free to do so by clicking here.
Tips For Alabama Consumers Regarding Surprising Credit Card Fees
Posted on July 25, 2008We were recently made aware of this interesting blog post at bankaholic.com regarding 5 little known fees on credit cards. Please read the entire post but here are the five: 1. Low APR Cards May Carry Annual Fees; 2. Fees for Extra Services; 3. You May Be Charged Nominal Amount Even if You Pay in Full 4...
Alabama Consumer Sues Allied Interstate And LVNV For Violating The FDCPA After Consumer Wins Collection Suit
Posted on July 23, 2008Hundreds of Alabama consumers are sued in small claims courts and district courts in Jefferson, Shelby, Tuscaloosa, St. Clair and other counties by debt buyers. Our client was sued by LVNV and our client won his case - the judge ruled our client did not owe LVNV any money which is what our client has maintained all along...
Alabama Consumer Sues CACH, LLC For False Credit Reporting After Defeating CACH, LLC In Collection Suit
Posted on July 21, 2008We recently sued CACH, LLC (a debt buyer), Equifax, Experian, and Trans Union for false credit reporting in violation of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and state law. This false credit reporting was done after a judge ruled that our client did not owe CACH any money on the alleged debt that CACH sued our client on...
A Good Discussion Of Harassment Under The Fair Debt Collection Practices Act
Posted on July 19, 2008Our friends at the Oregon Debt Law Blog have a very nice series on what constitutes harassment under the Fair Debt Collection Practices Act (FDCPA) that we recommend you read. Right now there are four parts - you can go to any of the parts as follows: 1...
Minnesota Sues AFNI For False Debt Collecting And Credit Reporting
Posted on July 18, 2008We have repeatedly sued AFNI, a national collection agency, for violating the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. AFNI's response has always been to deny its wrongful conduct and to say any "mistakes" were isolated incidents...
Alabama Consumer Sues Verizon And Equifax For False Credit Reporting
Posted on July 17, 2008We filed a case in Jefferson County, Alabama, against Verizon and Equifax for false credit reporting and the complaint is on our website. Our client paid a disputed charge and was told, in writing, by Verizon that the Verizon account or trade-line would be removed from all of his credit reports (this would include Equifax, Experian, and Trans Union)...
Radio Interview On Abusive Debt Collectors
Posted on July 17, 2008We will be interviewed by Denise Richardson today at 1 pm EST/12 pm CST. The topics will include abusive debt collectors, being sued by debt buyers, false credit reporting by collectors, etc. It is our understanding you can ask questions by phone or email...
Alabama Consumer Sues Debt Buyer LHR, Equifax, And Trans Union For False Credit Reporting
Posted on July 15, 2008An Alabama consumer has recently sued the debt buyer LHR after LHR sued the consumer. The consumer denied owing the debt buyer LHR any money and the judge agreed, ruling in favor of the consumer. This should have ended the matter but to make sure the consumer disputed with the credit reporting agencies that the account should not be on the credit reports since the consumer won the collection case...
Credit Card Companies May Damage Your FICO Score By Lowering Credit Limits
Posted on July 13, 2008The USA Today recently ran a story on how banks are cutting credit card limits which has the effect of increasing the percentage of credit used as compared to the total available credit and this lowers the FICO score. Here is an example from the article: Let's say a cardholder has a credit limit of $10,000 and a balance on the card of $4,000...
Alabama Consumer Sues Tabula Rasa And Cavalry Portfolio For Violating The FDCPA
Posted on July 11, 2008We have blogged about the dangers of debt collectors contacting third parties (neighbors, family, co-workers, etc) to collect debts and we recently filed suit against Tabula Rasa and the debt buyer Cavalry Portfolio for this type of misconduct. Despite what most debt collectors believe and how they act, debt collectors CANNOT contact third parties to collect debts...
Alabama Consumer Sues Citibank And Compass For False Credit Reporting After Bankrutpcy Discharge
Posted on July 09, 2008An Alabama consumer recently filed suit against Citibank and Compass Bank related to their false reporting of accounts which had been discharged in bankruptcy last year. Citibank and Compass Bank received notice of a bankruptcy and instead of following the law and properly updating the accounts to show that the accounts were discharged in bankruptcy and had a zero balance, they continued to report a current balance of over $9000 for each of the accounts...
Alabama Consumer Sues Arrow Financial For Fraud And FDCPA Violations
Posted on July 08, 2008An Alabama consumer has recently sued the debt buyer and debt collector Arrow Financial Services, LLC for violating the Fair Debt Collection Practices Act (FDCPA) and state law including fraud. This case illustrates the danger when Alabama consumers settle with debt buyers who have sued them - it can be a wise move but this does graphically show the pain that these debt buyers can inflict on you...
Facing Foreclosure? Something To Remember....
Posted on July 07, 2008In a recent post on her blog, Denise Richardson references a critical question in foreclosures - does the supposed lender actually own your home? This reminds us of the debt buyer lawsuits against Alabama consumers - the debt buyers cannot or will not prove they own the debt...
Interesting Post On Allstate And Debt Collectors
Posted on July 06, 2008This post by the California Debt Blog is fascinating - it involves Allstate, a collection agency, and an innocent consumer. The basic facts: I have a client who sold a car. (I am not naming her, but she has given me permission to write about this.) A couple of days after the sale of the car, the new owner was in a car accident...
Pete Barry Video On Harassing Debt Collection
Posted on July 05, 2008We found this recent short video where our friend Pete Barry discusses an overview of harassing conduct by debt collectors. If you live in Alabama and are facing harassment by abusive collection agencies or debt collectors, please contact us as we sue abusive debt collectors and we will be happy to sit down with you for a free consultation and explain your options to you.
Two Videos Of Discussion By Pete Barry On Harassing Debt Collectors
Posted on July 04, 2008As most of you know we think the world of Pete Barry who has focused his entire practice on suing abusive debt collectors. He was recently on Fox News Morning Show with some other guests and he emailed us these Youtube.com videos. Enjoy them and we are sure you will find useful information in these...
The Trans Union Credit Monitoring Settlement And How It Relates To Identity Theft
Posted on July 03, 2008Denise Richardson has an excellent summary of the recent Trans Union settlement and what that means for consumers (particularly for preventing Identity Theft) in her post here. We recommend studying her post and then making your own decision as to what is best for you...
Another Court Strikes Down Class Action Ban In Arbitration Agreement
Posted on June 30, 2008Our friends at the CL&P blog have posted a short nice article on a recent ruling from New Mexico striking down an unfriendly provision in an arbitration agreement banning class actions. This was from Dell which had misrepresented the amount of memory in computers but it was not worth any one's time to pursue it if a class action device could not be used...
Fourth Critical Step To Correcting Credit Reports - Sue The Credit Bureaus
Posted on June 29, 2008We started this blog off with the suggestion that you pull your credit reports, review them, and dispute any errors with the consumer reporting agencies or credit bureaus (Equifax, Experian, and Trans Union). When that does not correct false items, it is time to go on to the fourth step which is to sue Equifax, Experian, Transunion, and any other responsible parties such as the creditor or furnisher of information...
Palisade Sued Again By Consumer Who Won Her Collection Lawsuit Filed By Palisades
Posted on June 28, 2008We have filed numerous lawsuits against Palisades (a prominent debt buyer which sues hundreds of Alabama consumers a month). Palisades lost its collection lawsuit against our client but for some unexplainable reason refused to delete its account from her credit report...
Anatomy Of An Alabama Collection Lawsuit ? Part Four ? Answering The Lawsuit
Posted on June 26, 2008In this post we will look at how our clients typically answer Alabama collection lawsuits filed by debt buyers. You have been accused of owing the debt buyer money. Our clients do not agree with this as typically the first time they have ever heard of the debt buyer is when they get sued - so they typically deny liability...
Credit Report Related To Employment Verification - "Work Number"
Posted on June 26, 2008This is a fascinating post by Denise Richardson related to a different credit report that can impact you - the Work Number from TALX Corp. Here's how it works: The next time you apply for a loan or a new job, a lender or prospective employer might go online to access a database instead of calling your human resources department to verify your employment and income...
Bankruptcy Tips - What NOT To Do - Part Three
Posted on June 25, 2008Here is the final post on the things NOT to do if filing bankruptcy..... We recommend you read these if you are considering bankruptcy as knowing these things may save you a lot of misery.
Bankruptcy Tips - What NOT To Do - Part Two
Posted on June 23, 2008If you are considering bankruptcy, you may want to read this second post by Jonathon Becker on what not to do. If you are facing financial pressures and dealing with abusive debt collectors, let us know as we may be able to give you some options other than bankruptcy.
Four Dangers Facing Alabama Consumers Who Settle Debt Buyers Lawsuits
Posted on June 22, 2008While we normally advise our clients who are sued by debt buyers to fight the lawsuit as debt buyers are unwilling or unable to prove their case, we do understand the desire of some Alabama consumers to settle the lawsuit filed by a debt buyer. If you decide to go this route, please be aware of several looming dangers and take steps to protect yourself...
Bankruptcy Tips - What NOT To Do - Part One
Posted on June 21, 2008We don't file bankruptcy cases but we often sue abusive debt collectors and creditors who violate bankruptcy orders by collecting debts that have been discharged or reporting balances on discharged debts. But we wanted to share this post by Jonathon Becker which we read on the excellent Bankruptcy Law Network We hope you don't need to file bankruptcy but if you do keep these in mind as you talk to your bankruptcy attorney.
What Is The "Rooker-Feldman" Doctrine And What Does That Mean To Alabama Consumers?
Posted on June 19, 2008We will probably expand this post in the future but the basic gist of this law or doctrine is that if something goes against you in state court (like a collection lawsuit) you cannot go to federal court to get it "undone" or "set aside". You have to handle that in state court by appealing it to the state supreme court or whatever the procedure is in your state...
If I Sue The Debt Buyer Will They Counterclaim Against Me?
Posted on June 17, 2008Sometimes our clients wonder if they sue the debt collector (a debt buyer who claims to own the debt) will they be sued in a counterclaim for the debt? The short answer is "It is possible" and we recommend you read the Oregon Debt Law Blog's post on this subject...
Proving Abusive Phone Calls From Harassing Debt Collectors
Posted on June 15, 2008The Oregon Debt Blog has a very good article on how to prove abusive phone calls from harassing debt collectors without recording the calls. Please read the entire post but here are the major categories that are described: 1. Take notes; 2. Have witnesses; 3...
Ironic - Big Business Sues Rivals Claiming 6 BILLION In Damages
Posted on June 13, 2008It always amazes us in both consumer cases as well as personal injury cases how companies scream about outrageous damage claims and how the entire fabric of the country will come unraveled if a bank is made to pay for false credit reporting or a trucking company is forced to pay for killing someone...
Excellent New Resource For Debt Collection Issues You May Be Facing
Posted on June 11, 2008The Oregon Debt Law blog by Joel Christiansen looks to be an excellent resource. It contains a good number of posts going through the Fair Debt Collection Practices Act (FDCPA) and the Oregon equivalent. We have just become aware of this and will read through these posts and will link to some specific ones but in the meantime we suggest you check out this blog if you are interested in learning more about the FDCPA...
Fascinating Article On Chicago Courts Clogged By Debt Collection Suits
Posted on June 09, 2008The Chicago Tribune has an interesting article on the number of suits in the Chicago court system and some of the problems faced by consumers who have been sued - including those who do not owe any money. We suggest reading the entire article but here is a brief quote: But because debt collectors operate on volume?pushing through lawsuits based on little more than lists of names, addresses and alleged amounts due?there are also plenty of instances of mistaken identities, cases where debts are alleged when the bills have been paid and even situations where people have fallen behind and tried to work out repayments only to be hauled in to court...
Recent News On Arbitration
Posted on June 06, 2008The good folks over at Caveat Emptor have a roundup of some recent arbitration news - take a look at it and the good blog here....
Great Article On Pete Barry Who Sues Debt Collectors
Posted on June 05, 2008Pete Barry is a friend of ours and we were thrilled to see a long story written about him recently. We suggest if you have any interest in the Fair Debt Collection Practices Act and debt collectors, read this story. Actually, even if you are not interested, read this story anyway - its a fascinating story of his life and practice...
Alabama Consumer Sues Bank Of America For False Reporting After The Bankruptcy Discharge
Posted on June 02, 2008On April 14, 2008, we filed suit on behalf of an Alabama consumer against Bank of America (FIA Card Services, N.A.) related to its false reporting of an account which had been discharged in bankruptcy several years earlier. Bank of America received notice of a bankruptcy and instead of following the law and properly updating the account to show that it is discharged in bankruptcy and has a zero balance, Bank of America deleted the account and then created a new account with a different account number (which was, in fact, the same as the original account) and reported it with a large balance that was past due...
Anatomy Of An Alabama Collection Lawsuit - Part Three - Being Served
Posted on May 22, 2008After a debt buyer has decided to sue you, and in fact has sued you, then the debt buyer will have the court serve you with a copy of the suit. This can be done by the sheriff handing you a copy of the suit or sending it by certified mail or by a private "process server" giving it to you...
What Should I Do If I Am Sued For A Debt That I Do Not Owe?
Posted on May 21, 2008Alabama consumers are often sued for debts they do not owe. Being sued is a very serious matter and particularly when you don't even owe the debt. What should you do? We are asked this more and more and so many Alabama consumers are being sued by debt collectors...
Anatomy Of An Alabama Collection Lawsuit ? Part Two ? Filing Of The Lawsuit
Posted on May 20, 2008In our first post in this series we discussed the background of how a debt gets to a local collection law firm such as Zarzaur & Schwartz, which then leads to the filing of a lawsuit by a debt buyer. In this post we want to examine how a lawsuit is filed...
Family Identity Theft - What Is The "Domestic Policy" Of Major Creditors?
Posted on May 19, 2008Much of the ID theft occurs by family members. The response by major creditors has been to adopt a so-called "Domestic Policy" which is where if a family member stole your identity to open an account, this is your problem. This policy is wrong and illegal...
Anatomy Of An Alabama Collection Law Suit ? Part One ? Background
Posted on May 19, 2008We are often contacted by Alabama consumers who have been sued by a debt buyer such as Palisades or Asset Acceptance or Unifund and for the vast majority of our clients, it is their first experience of any type with a lawsuit. We have decided to present this series of blog posts to explain how a collection lawsuit starts, what your role is in it, what the role of a lawyer that you might hire is, how a trial occurs, and then what happens after the trial depending on whether you have won or lost...
Debt Collectors Issuing 1099s May Violate Law
Posted on May 18, 2008Alabama consumers are receiving more and more 1099s from debt collectors and debt buyers where these collectors are claiming the consumer defaulted on debt and should have to report it as income. There are times when this is appropriate but as we understand the law the 1099 can only be for the principal, not the interest...
Should I Record Abusive Phone Calls From Debt Collectors?
Posted on May 16, 2008We are often asked by Alabama consumers if they should record abusive debt collectors who call. While this is a complicated question, our general answer is "No". Recent cases have raised concerns for us about whether Alabama residents can record calls from other states that might require the consent of both parties...
Debt Buyer Example - Unifund - Picture Of The Size Of The Industry
Posted on May 15, 2008A friend pointed out some interesting things on the Unifund website. We wanted to share these with you to give you an idea of how big these debt buyer companies can be. Here are a few quotes off of the Unifund website: Since our founding in 1986, Unifund has purchased, sold or otherwise liquidated and managed billions of dollars of delinquent accounts receivable...
Examples Of Abusive Phone Calls From Out Of Control Debt Collectors
Posted on May 14, 2008Our friend Pete Barry, who is an extraordinary consumer lawyer in Minnesota, was recently interviewed and shared a few of his tape recordings of abusive debt collectors. We recommend you watch this video. If you have never dealt with abusive debt collectors, this will open your eyes to what real people are facing...
What Are The Four Benefits Of The Fair Debt Collection Practices Act For Alabama Consumers?
Posted on May 13, 2008Alabama consumers who are harassed by debt collectors and debt buyers often wonder if the law really helps them - that is, what do they get out of the Fair Debt Collection Practices Act (FDCPA)? Many things, but four primary ones. First, you get up to $1,000 in statutory damages from a collection agency or debt buyer who has violated the FDCPA...
Bad Economy - Good News For Abusive Debt Collectors?
Posted on May 12, 2008A story last month in Business Week discussed how the sub prime mess and sluggish economy in general has created a good opportunity for debt collectors and debt buyers to make more money on the rising level of defaulted debts. In the early 1990s the consumer debt-buying industry began to gain steam, and in 2005 debt buyers purchased about $110 billion of delinquent debts, about twice the amount bought in 2000...
Seminar Paper On The Fair Credit Reporting Act Related To Debt Collectors - Part Five - Conclusion
Posted on May 11, 2008This is the final part of our seminar paper presented to collection and consumer lawyers at the University of Alabama Law School. Please contact us if you have any questions. V. CONCLUSION Using the credit reporting tool can be very useful for debt collectors...
Seminar Paper On The Fair Credit Reporting Act Related To Debt Collectors - Part Four - Dangers To Debt Collectors From Consumer Disputes
Posted on May 10, 2008In this fourth part of our seminar paper, we look at the impact of consumer disputes either directly to a debt collector or to the credit reporting agencies concerning false information put on the consumer's credit report by the collection agency. IV...
Seminar Paper On The Fair Credit Reporting Act Related To Debt Collectors - Part Three - Pulling Credit Reports - Harmful Or Helpful
Posted on May 09, 2008This is the third part of our paper we handed out at a seminar we recently gave at the University of Alabama Law School to collection and consumer lawyers. We hope this is helpful to you as debt collectors very often pull credit reports. Sometimes that is allowable but other times it is illegal so you should always check your credit reports to see if debt collectors are pulling your reports...
Seminar Paper On The Fair Credit Reporting Act Related To Debt Collectors - Part Two - Overview Of The FCRA
Posted on May 08, 2008As we mentioned yesterday, we are putting up parts of our seminar paper that we recently presented at the University of Alabama Law School. This deals with credit reports and debt collectors and we presented this to collection lawyers and consumer lawyers...
Seminar Paper On The Fair Credit Reporting Act Related To Debt Collectors - Part One - Introduction
Posted on May 07, 2008We recently were asked to present a seminar at the University of Alabama that was attended by consumer lawyers and collection lawyers. We prepared a written paper to go with the presentation and we will attach the entire paper as a pdf but for now we will put it up in sections over the next several days...
What Is An Offer Of Judgment And Why Did The Debt Collector Make One In My Case?
Posted on May 06, 2008Sometimes Alabama consumers are faced with an "offer of judgment" in cases by debt collectors. An offer of judgment (OOJ) is made under Rule 68 of the Federal Rules of Civil Procedure. It means what it says - the defendant is offering to allow the plaintiff consumer to take a judgment against the defendant...
Why We Sue Abusive Debt Collectors Instead Of Just Asking Them To Stop
Posted on May 03, 2008Sometimes defense lawyers tell us we should have just told the debt collectors that we caught them doing something wrong (harassing conduct, false credit reporting, contacting third parties, etc) and let them fix it instead of suing them. While at first this sounds reasonable, the reason the debt collectors want this is very malicious...
Have You Been Sent A "Fax Verification" At Your Work - A Classic Dirty Trick Of Debt Collectors
Posted on May 02, 2008Alabama consumers often face this dirty trick which violates the Fair Debt Collection Practices Act (FDCPA) - a collector will send in a "fax verification" or "employment verification" to the consumer's work. Supposedly this is to find out if the consumer works there but the real reason is to embarass and shame the consumer as all illegal third party contact is designed to do...
Third Party Contact (Neighbors & Co-Workers) - Why Debt Collectors Break The Law
Posted on May 01, 2008Debt collectors illegally call third parties - that is, neighbors, family, co-workers, ministers, etc - for one reason and one reason only - because it is effective in getting Alabama consumers to pay money. Collectors often say "It must be ok to do this because look how effective it is in getting people to pay!" OK - so would killing the consumer's dog, I suppose...
Why Is This Debt Collector So Hateful Towards Me?
Posted on April 30, 2008Some collectors are just jerks. Plain and simple. But most are under-trained and overworked with too much pressure to bring in money and promises to pay. It is like we see with our trucking litigation cases - often times the truck drivers are good people but they are put under so much pressure to make the "runs" that they exceed the number of hours or they don't get enough sleep or they overload their trucks...
Why Do Collectors Become So Abusive For Several Months?
Posted on April 29, 2008There is a natural "life cycle" to collection - for about 90 to 120 days a collection agency will make an all out push to get a payment or a promise to pay. This short time period with all the pressure that goes with it for collectors leads to many collection agencies crossing the line and violating the Fair Debt Collection Practices Act (FDCPA)...
Verdict Against Equifax Including Attorney's Fees
Posted on April 28, 2008The Consumerist has a nice post on a wonderful verdict in Florida that has resulted in over $500,000 in attorney's fees along with the multimillion dollar verdict. Often companies such as Equifax, Experian, or Trans Union act like these cases have no value so this is a nice reminder that juries do take seriously the destruction of someone's credit report by a consumer reporting agency...
What Do Collection Agencies Want From Alabama Consumers?
Posted on April 28, 2008Debt collectors, including debt buyers, want Alabama consumers to pay money or to promise to pay. Collection agencies evaluate their employees based upon how much money is actually brought in and how much money is promised to be brought in. This means that often collectors will claim that you promised to pay and that you have now broken your promise...
New Post On Indiana Consumer Lawyer Blog About Being Sued For A Debt
Posted on April 27, 2008Our friend Robert Duff has a good post on being sued by debt collectors. He discusses the problems that debt collectors and debt buyers face (such as not being able to prove their case) and also ways that it can be practical to hire a consumer lawyer to defend you if you have been sued...
Student Loan Garnishment - Without A Judgment
Posted on April 26, 2008One threat that is often made against Alabama consumers is that their wages will be garnished. This violates the Fair Debt Collection Practices Act (FDCPA) when there has been no judgment as it is a false statement which is a classic way in which collectors violate the FDCPA...
When Can A Collection Agency Contact My Neighbors, Co-workers, Or Family?
Posted on April 12, 2008Alabama consumers are facing an onslaught of debt collectors and debt buyers contacting ex-spouses, children, parents, neighbors, co-workers, and other ?third parties? in an effort to bring pressure and shame on them to pay the collection agency, even if the Alabama consumer does not owe any money...
Alabama Consumer Sues Verizon And TransUnion For False Credit Reporting
Posted on April 12, 2008We recently filed suit for an Alabama consumer who has been attempting to clear his credit report of a false Verizon Wireless account for many years now. As many consumers have discovered to their horror, sometimes accounts appear on their credit reports which do not belong to them, and when that is explained to the credit reporting agencies (such as Equifax, Experian and TransUnion) and to the creditor/furnisher of information (such as Verizon, Bank of America, Capital One, etc...
When Can An Alabama Consumer Sue A Debt Collector - Part One
Posted on April 03, 2008Alabama consumers are often victims of abusive debt collectors or junk debt buyers and can sue (under the Fair Debt Collection Practices Act and/or Alabama law) these collectors or debt scavengers when the following four requirements are satisfied: 1...
When Can An Alabama Consumer Sue A Debt Collector - Part Two
Posted on April 03, 2008We now look at what are some of the more common types of violations of the Fair Debt Collection Practices Act (FDCPA) that will allow an Alabama consumer to sue a debt collector or debt buyer. Our previous post listed the four requirements that must be present in order to be under the protection of the FDCPA...
Collection Letters Often Are Illegal In Alabama
Posted on March 29, 2008Many collection letters sent to Alabama consumers by debt collectors, collection agencies, and debt buyers are illegal as they violate the Fair Debt Collection Practices Act. They may have false information, false threats to sue, false statements about credit reports, they may be confusing or contradictory...
Explosion In Debt Buyer Collection Lawsuits
Posted on March 29, 2008We are at a conference on debt buyers and learned this interesting fact that will interest Alabama consumers. Just one debt buyer, and not even the biggest, filed an astonishing 23,000 lawsuits in 2003. That is a staggering number of lawsuits across the country...
What Is The Statute Of Limitations For A Debt Buyer Or Collection Suit In Alabama?
Posted on March 28, 2008When Alabama consumers are sued, one of the first questions people ask is "What is the statute of limitations" on collection suits brought by debt buyers. Let's take a moment and examine this question. First, a suit begins when a lawfirm such as Zarzaur & Schwartz, PC or Nathan & Nathan or Nadler & Associates files suit on behalf of debt buyers such as Palisades, Unifund, Asset Acceptance, LVNV, Midland Credit, etc...
Loan Rates - May Be More Than Credit Scores
Posted on March 23, 2008MarketWatch.com has a fascinating article about how loan rates are affected by more than just credit scores. Certainly credit scores are important - and they come from what is in our credit reports - but this article points out other factors that affect our rates...
FTC's 2008 Report on Fair Debt Collection Practices Act
Posted on March 23, 2008We recently posted on a FTC Report on the Fair Debt Collection Practices Act and now there is a well written post on the California Debt Blog about the most recent FTC report - please read it in its entirety here. There are good collectors and bad ones...
Article In Forbes About Jere Beasley
Posted on March 23, 2008In our Birmingham Injury Blog we referenced an article in Forbes about Jere Beasley and his firm down in Montgomery. Beasley's firm focuses on personal injury but they have also done excellent work in the consumer law area for consumers in this and other states...
Excellent Post On Fighting Fraudulent Credit Card Charges
Posted on March 23, 2008Carey at the Consumerist has a very good post on what he did when he discovered $1600 in fraudulent charges on a store credit card. Its good to read about what to do when something like this happens but it is also very helpful to read what someone actually did in this type of situation.
Excellent Post On What To Do When Collectors Call
Posted on March 22, 2008Our friends at Caveat Emptor have an excellent post on what to do if a collector calls. We recommend you read this post in its entirety - it has a lot of good resources and information in it.
Good Overview of Chapter 13 Bankruptcy In Birmingham
Posted on March 21, 2008As we have mentioned before, we don't file bankruptcies but we are asked about bankruptcies from time to time. Matt Dunaway has a good explanation and overview of the Chapter 13 ("Debtor's Court") on his blog. Please read this to get a good feel for what a Chapter 13 bankruptcy involves.
Alabama Consumers Sued - What Is The Difference Between Dismissal With Prejudice and Dismissal Without Prejudice
Posted on March 21, 2008As our readers know, the explosion in collection lawsuits against Alabama consumers is staggering. There is a lot of confusion about how lawsuits end when a debt buyer or collector dismisses the case. What is the difference between a dismissal with prejudice and a dismissal without prejudice? The short answer is a dismissal with prejudice is a complete victory and a dismissal without prejudice is a partial victory...
Alabama Consumers Sued - The Role Of Your Credit Report - Part III
Posted on March 20, 2008In our first part we gave an overview of why you need to pull your credit report when you are sued in Alabama by a debt buyer and in our second part we discussed looking at your credit reports to see what the junk debt buyer is saying about the age of the account...
Identity Thieves Target Tax Returns
Posted on March 18, 2008We wanted to warn Alabama Consumers on the latest target for identity thieves. Apparently, they are now even so bold as to use the IRS to unwittingly commit identity theft on consumers. We recently came across a great article alerting us to this practice in the Wall Street Journal...
Three Recent Posts On Dangerous Drugs - Avandia, Heparin, and Trasylol
Posted on March 18, 2008As many of our readers know, we have started a personal injury blog called Birmingham Injury Blog which focuses on personal injury, wrongful death, and products liability. This is the type of work we did for many years before turning our attention to consumer issues...
What Happens If Alabama Consumers Have Suffered A Default Judgment On A Cell Phone Bill?
Posted on March 18, 2008We recently posted about the widespread problem of debt buyers suing Alabama consumers for cell phone bills more than two years after the bill was not paid. As we noted in the post, there is a two year statute of limitation that applies that debt buyers such as Palisades (AT&T Wireless) and other debt buyers ignore...
Excellent Series of Articles For Alabama Consumers On Federal Consumer Statutes
Posted on March 13, 2008Our friend Matthew Dunaway is a consumer and bankruptcy attorney in Birmingham, Alabama, and on his blog Birmingham Bankruptcy Blog he has a recent series of articles that give a very nice overview of various federal consumer statutes. Here is a partial listing: Truth In Lending Act (TILA) Right of Rescission Under Truth In Lending Act Closed-End Transaction Under TILA Open Ended Transactions Under TILA Real Estate Settlement Procedures Act (RESPA) Home Ownership and Equity Protection Act (HOPEA) Fair Credit Billing Act These posts will give you a nice overview of the different statutes...
Sued For Cell Phone Bill After Two Years - You May Have A Lawsuit Of Your Own
Posted on March 04, 2008We have seen many cases in Alabama where debt buyers such as Palisades, Asset Acceptance, Unifund, Hawker Financial, etc. are suing Alabama consumers for small debts including, at times, cell phone bills. Junk debt buyers will buy up many allegedly delinquent cell phone debts and then sue four or five years after the delinquency...
Chuck Newton Answers The Question "Why?" The Bankruptcy Stay Is So Often Violated
Posted on March 01, 2008When you file for bankruptcy protection, an automatic "stay" goes into effect that prohibits the creditors from taking collection action against you. Often times, this stay is violated by both small companies and huge national banks. The question that is often asked is "Why?" Why would this be done...
Zombie Debt Article From Michigan Collection Attorney
Posted on March 01, 2008Those who read our blog know that we enjoy the posts by Gary Nitzkin and that is true of his recent post on junk debt which is also known as zombie debt. We suggest you read the article in its entirety. Here is the conclusion of this post: If the debt is not verified within that time period, the CRA has to remove the zombie from your credit report...
Another Media Report On Zombie Debt Buyers
Posted on March 01, 2008The financial advice website The Motley Fool has an article on zombie debt buyers called "Return of the Living Debt". This is from 2004 but it is still relevant today - it is interesting to see what people were saying almost 4 years ago. Considering Alabama consumers are facing zombie debt buyers harassing them and suing them over junk debt that the zombie debt buyers can not even prove - we need to have as much information as possible to counter these attacks and make the junk debt buyers follow the law...
CNN Story On Abusive Debt Collectors
Posted on February 29, 2008CNN just put up a fascinating story on debt collectors and collection agencies that are abusive towards consumers. This is something that we are seeing more and more of as Alabama consumers are becoming targeted by abusive collectors as the economy continues to seem to slow down...
My ?AS IS? car turned out to be a Lemon. Is there anything I can do?
Posted on February 28, 2008Just about any car Alabama consumers buy that is not new will be sold ?as is.? Does this mean that the seller can sell you a junker or a lemon and you?re just out of luck because you agreed to purchase the car ?as is.? Under Alabama law, you may be able to revoke the purchase...
Bottom Feeder Debt Buyer Addresses Letter "Dear Sh#* Face"
Posted on February 26, 2008We recently came across this excellent post from our friend Ron Burdge, a consumer lawyer in Ohio. You can visit his website here. Mr. Burdge also has an excellent blog called the Consumer Rights Law Blog. In a recent post, Mr. Burdge discusses the unfortunate trend of emboldened collection practices by debt buyers and debt collectors...
Slide-Show On How The Sub-Prime Disaster Occurred
Posted on February 26, 2008The Consumerist has a post that contains a "stick figure" slide show that explains, remarkably well, the way the sub-prime mess has occurred. Be warned there is some strong language in the slide show but on the whole it is very well done and, with humor, explains how we got in this terrible position we are in now.
Identity Thief tries to Scam Jurors
Posted on February 25, 2008Alabama consumers should be aware of this jury duty scam we recently read about on the Houston Consumer Blog. This is a blog that the local ABC News Station has on their website. The blog is maintained by Mike Mcguff, who has done an excellent job of informing Houston consumers of issues they need to be aware of...
Bankruptcy Reform Law - A Political Cost To Hurting Consumers?
Posted on February 24, 2008Credit Slips is a wonderful blog written by professors about consumer issues. The most recent post is by Elizabeth Warren, a Harvard professor. The title is The New Politics of Bankruptcy. We recommend you read this article as it discusses the beginnings of a backlash against those in Congress who voted for the change in the bankruptcy law that has harmed so many consumers across the country...
Bankruptcy - Proof of Claim Filed By Junk Debt Buyers
Posted on February 24, 2008While we don't practice bankruptcy law, we do get calls from time to time to help bankruptcy attorneys who are dealing with various types of improper conduct from creditors and particularly from junk debt buyers. In this fascinating post by Michael Doan, he talks about a proof of claim filed by a debt scavenger who, amazingly, did not even own the debt but was planning on buying the debt...
Five Percent of All Identity Theft Victims Are Children
Posted on February 24, 2008According to myentrust's article, a staggering five percent of all identity theft victims are children. You should definitely read the entire article but here is a critical part of the article: Here are some common sense Tips to Protect Children from identity theft and online fraud: 1) Keep info private - Educate children about the importance of keeping personal information private...
Different Types of Identity Theft
Posted on February 24, 2008Lita Epstein of Walletpop has an excellent post on Protecting Your Identity - Understand The Types of Identity Theft. We highly recommend this particular article and this site in general. Identity theft is a terrible problem that we all face and every bit of information we can gain (and that we use - knowledge by itself is worthless) can be the difference between almost being a victim and being an identity theft victim.
Identity Theft - Seven Year Old Boy Told Owes Taxes On $60,000 He Has Made
Posted on February 24, 2008This would be funny if it wasn't so serious - a 7 year old boy has been told by the IRS he owes back taxes on $60,000. It turns out a despicable person has been using the boy's identity since 2001. Let's see - using advanced math skills - the boy was, what, one year old when his identity was stolen? Or was he not even one yet? Amazing! The story is pretty short but it gives the details - we recommend you read it in the San Diego Union Tribune...
Alabama Consumers Sued - The Role of Your Credit Report - Part II
Posted on February 24, 2008In our first part in this series we gave you an overview of why as an Alabama consumer you need to pull your credit reports when you have been sued by a junk debt buyer such as Palisades, Unifund, Asset Acceptance, and the like. We pointed out three reasons: 1...
Reminder to Watch for Credit Card Skimming
Posted on February 21, 2008We ran across this video that discusses the dangers of eating out. Though this happened in April of 2007, you could still potentially be a victim of this scam. The scam involves credit card skimming, which is where someone who uses your credit card runs it through a device, which records your personal information from the card...
Experian Sues Lifelock For Violating The Fair Credit Reporting Act
Posted on February 21, 2008Most of us have probably heard or seen the commercials from LifeLock - the owner gives out his social security number without fear because he is protected against identity theft. For the curious, his social security number can be found on the website...
Recent Post On Zombie Debt Buyers By Matthew Dunaway
Posted on February 20, 2008Our good friend Matthew Dunaway has an excellent post on his blog - Birmingham Bankruptcy Blog - about zombie debt and those who buy it. We recommend it for your reading as every bit of knowledge you can gain about this industry is helpful when it targets you and normally has no proof of what it claims against you.
Should Alabama Consumers Contact A Consumer Lawyer The First Time They Hear From A Debt Collector?
Posted on February 20, 2008Whenever an Alabama resident is contacted by a collection agency or debt buyer or debt collector, we recommend that the Alabama resident contact a consumer attorney. There are several critical reasons why we recommend this. First, there are some rather strict deadlines about what can be asked of a debt collector in, for example, the first 30 days after contact...
Deposition Tips For Alabama Consumers
Posted on February 19, 2008We have focused this blog on consumer issues but we have spent many years developing our personal injury and wrongful death litigation skills over many cases. We have gained some insights into depositions and have shared a few of our preparation skills in our new blog - Birmingham Injury Blog - in five separate posts that we believe will be of use to our consumer readers...
PayDay Lenders Target the Elderly and Disabled In Alabama
Posted on February 13, 2008We ran across this recent article titled "Social Insecurity: High-Interest Lenders Tap Elderly, Disabled" in the Wall Street Journal detailing how payday lenders have been targeting the elderly and disabled. This isn't something that is happening just in other parts of the country...
Should I Sue the Debt Collector that is Harassing me or report them to the FTC?
Posted on February 12, 2008In its recent report, ?Annual Report 2007: Fair Debt Collection Practices Act,? the FTC noted that it received more than 69,000 complaints from consumers for abusive practices by debt collectors. The FTC acknowledges that this is likely a small percentage of the consumers who are actually being harassed by debt collectors...
Verizon Faces Massive Class Action Certified In Arbitration Case
Posted on February 12, 2008We are not fans of arbitration but courts have at least recently made it more tolerable by allowing class actions to proceed within arbitration. This news article is very intriguing, as it shows an arbitrator has certified a class action within arbitration...
Alabama Consumers Sued - The Role Of Your Credit Reports
Posted on February 12, 2008We have received a number of calls and emails from Alabama consumers who have been sued recently by debt buyers. Many of these people have been sued by junk debt buyers such as Palisades, Asset Acceptance, Midland Credit, etc. and by local lawfirms such as Zarzaur & Schwartz or Nathan & Nathan...
Lemon Law Issues With Honda Accord and Hyundais
Posted on February 11, 2008Ron Burdge has two posts on problems with the 2008 Honda Accord and then with Hyundais in general. We recommend both of these posts to you. In the first, Ron discusses the surprisingly growing problem with the 2008 Honda Accord. We normally think of Hondas as being wonderful cars from a reliability standpoint but there are reports of growing problems that you should be aware of if you are considering buying the new Honda Accord or if you have one...
Different Forms of Contact During Bankruptcy By Mortgage Lender
Posted on February 09, 2008We enjoy reading Chuck Newton's Stay Violation website as it contains a wealth of information about what is and what is not considered a stay violation in bankruptcy court. A recent post discusses how a court viewed numerous letters and phone calls by GMAC to a homeowner regarding the homeowner's mortgage...
Top Ten Auto Scams
Posted on February 09, 2008We ran across this good article by the lawyers at Krohn & Moss. We recommend reading this entire article (and looking through the rest of this excellent website) but this one scam resonated with us as we have had numerous clients deal with this one: Scam 3 ? Spot Delivery Scams Spot Delivery is when a dealership allows a consumer to drive the vehicle home off the dealer?s lot even though the sale is not consummated and complete...
FTC Advice On Dealing With Old Debt
Posted on February 09, 2008One issue we repeatedly hear from Alabama consumers is what are my rights when I'm contacted by a debt collector trying to collect on a seven or ten year old debt. The FTC has put out a two page pdf on this very subject. We recommend looking at this FTC publication if you have been contacted about an old debt...
Excellent List Of Tips When Dealing With Debt Collectors
Posted on February 09, 2008We just put up a post by Richard J. Dalton, Jr about zombie debt and it had a link to a fine list of things to keep in mind when dealing with collection agencies. We recommend you check out this article if you have been contacted by debt colllectors...
Another Story On Zombie Debt Haunting Consumers
Posted on February 09, 2008It is good when the untold stories are told - when people can see what is really going on with real people. This Newsday.com article tells about ordinary people who are being hounded - haunted as the article puts it - by debt collectors and junk debt buyers...
Recent FDCPA Attorney Fee Decision From Georgia
Posted on February 08, 2008We are often asked by other lawyers to comment on recent consumer cases and the recent case from Georgia, St. Claire v. Trauner (2008 WL 151542), caught our attention so we thought we would mention it here. On January 11, 2008, Judge Evans from the Northern District of Georgia issued an opinion in a Fair Debt Collection Practices Act case that only involved a dispute over the attorney's fee to be awarded the consumer lawyer Lisa Wright...
Debt Collectors Not Entitled To State Immunity When Violating the FDCPA
Posted on February 07, 2008A growing trend is for abusive debt collectors to start collecting on bad checks - which is fine as long as the law is followed - but the twist is these companies do this as if they were the district attorney. The Consumer Law & Policy Blog summarizes the decision as follows in its excellent blog post: Judge Berzon's opinion is the most thorough and scholarly treatment to date on the question of private entities and sovereign immunity...
Credit Reports After Bankruptcy
Posted on February 07, 2008Our good friend Matthew Dunaway, bankruptcy and consumer lawyer in Birmingham, Alabama, recently blogged about the growing problem of false entries on a credit report. As Matthew puts it, Also, if the account continues to show a balance is owed, and the debtor eventually attempts to purchase a home or car, or refinance an existing home loan, the debtor will many time be forced to pay-off the old debt in order to get the loan approved...
FTC publishes its Annual Report on the Fair Debt Collection Practices Act
Posted on February 03, 2008We recently came across the Federal Trade Commission's "Annual Report 2007: Fair Debt Collection Practices Act" report. This report mainly addresses 2006 and provides two basic things: First, it provides statistical data on the number and kinds of complaints it receives from consumers alleging abusive debt collection practices...
Suing Debt Collectors Instead Of Filing Bankruptcy
Posted on February 02, 2008We often see Alabama consumers filing bankruptcy for the sole reason of getting abusive collection agencies or debt collectors to leave them alone. The harassment from law breaking debt collectors can become unbearable for many Alabama consumers who then feel their only choice is to file bankruptcy...
Countrywide Sanctioned For Wrongful Conduct In Bankruptcy
Posted on February 02, 2008We are seeing more and more Alabama consumers who are being mistreated either during or after a bankruptcy. We have written about discharged creditors (who cannot collect money from the debtor - its been discharged) still trying to collect the money even though it is illegal to do so...
Why Discharged Accounts Still Show Up With Balances On Credit Reports
Posted on February 02, 2008We have been seeing lots of problems with Alabama consumers who have discharged debts but the debts are still on their credit reports showing up with a balance owed. No balance is owed. There was a major article in Business Week that came out that helps explain why this happens...
Debt Buyers Problems With Getting Documentation On Debts
Posted on January 28, 2008An interesting web-page entitled "The Importance and Availability of Media in a Portfolio" gives us a brief inside look at the problem of debt buyers not being able to always get the proof they need to show ownership of an account that they allegedly have bought...
Wolpoff & Abramson Ordered to Pay Attorney Fees
Posted on January 27, 2008In a recent decision of Thornton v. Wolpoff and Abramson, No. 07-12016, by the Eleventh Circuit Court of Appeals, the court rejected Wolpoff and Abramson's argument that the Ms. Thornton's attorney should not receive the Court ordered attorney fees as required by the Fair Debt Collection Practices Act ("FDCPA") to a successful plaintiff...
Debt Buyer/Collector's Thought Process On Settling Accounts
Posted on January 27, 2008There is an interesting web page that discusses how debt buyers and collection agencies should approach collecting debts. The title is "Developing a Good Collection Formula" and it does provide an intriguing look into the thought process on collecting debts, including why collectors so often want post dated checks...
Are Spouses Responsible for the Other's Debt?
Posted on January 22, 2008Before agreeing to pay a debt of a spouse that you do not think you owe, Alabama Consumers should be wary of claims from aggressive and harassing debt collectors. We recently ran across a blog post from the The Divorce Blog entitled, "Woman Pursued for Deceased Ex-Husband's Debt" that reminded us of some of the pitfalls and horror stories we've heard from clients about being pursued for a debt that is not even theirs...
Credit Scores To Be Used By Hospitals?
Posted on January 19, 2008Most of us are familiar with credit scores and how they determine, to some extent, the type of loan we may qualify for but yesterday we read about a new type of credit scoring - it will measure your reliability to pay medical bills. This interesting (and somewhat disturbing) product is discussed in several places and we won't repeat what has already been said - instead we recommend you check out the following posts about this...
Stop Junk Mail For Free
Posted on January 19, 2008Alabama (and anyone else in the U.S.) consumers can stop some of the junk mail we receive without having to pay a silly fee. Go to the Direct Marketing Association website page that helps to stop some of the junk mail. Thanks to the Consumerist for alerting us to this helpful procedure.
Interesting Post About Abusive Debt Collectors -- Written By A Collection Attorney
Posted on January 19, 2008In this post Gary Nitzkin of the Michigan Collection Law Blog discusses a client he represents and the violations of the Fair Debt Collection Practices Act that his client has been subjected to by an abusive collector. Gary puts it very bluntly when he says, Moreover, I want you to know that collection agencies doing stupid, if not sleazy stuff, is almost common place...
Good Resource For Alabama Consumers - No Credit Needed Blog
Posted on January 19, 2008We have found a blog which deals with consumer issues (not legal issues) and focuses on surviving and thriving without credit. To give you a taste of this fine blog, please read this post which reviews some of the best posts of 2007 from the blog No Credit Needed...
Excellent Resource For Alabama Supreme Court Decisions
Posted on January 19, 2008The Alabama Appellate Watch is an excellent blog by Lightfoot, Franklin and White, LLC. The Appellate Watch blog focuses on the decisions normally released every Friday by the Alabama Supreme Court and the Court of Civil Appeals. It contains the full text of each decision and a good analysis of the civil cases...
Great Advice For Alabama Consumers - Don't Sign Repair Order
Posted on January 13, 2008We have met and greatly respect Ron Burdge - he is a tremendous consumer lawyer and has developed a nationally recognized lemon law practice. So, when he gives straight on advice we listen. Please read his wonderful post about how you should document problems with your vehicles before you take them to the repair shop and what you should do (or not do) when you pick up your vehicle...
Congress Considers Prohibiting Certain Types of Mandatory Arbitration
Posted on January 13, 2008We have discussed in some detail the problems with mandatory arbitration for Alabama consumers. Paul Bland of Public Justice alerted us to an article in the L.A. Times that we had missed dealing with movement in Congress to protect consumers from having to deal with mandatory arbitration...
Another Victory Against Unfair Arbitration Provisions
Posted on January 10, 2008Here is an important press release related to a recent decision striking down a class action ban in an arbitration provision. FOR IMMEDIATE RELEASE Contact: Deborah Mathis, Communications Director, at (202) 797-8600 Ext. 246 PAYDAY LENDER?S CLASS ACTION BAN STRUCK DOWN IN FLORIDA Public Justice, the Washington-based national public interest law firm, helped score a victory for Floridians this week when a Palm Beach County Circuit Court opened the door to payday loan customers who want to sue usurious lenders on a class action basis...
Consumer Friendly Bills in Congress in 2007? Actually, Yes!
Posted on January 06, 2008Perhaps our favorite blog, the Consumerist, has a very nice listing of the consumer friendly bills that were at least considered by Congress last year (still feels funny saying 2007 was "last year" but....). Please check this out and encourage your representatives and senators to keep you and these bills in mind as they get back to work...
Arguments Alabama Consumers Should Normally Avoid If Sued For Collection
Posted on January 06, 2008A tremendous number of Alabama consumers are sued every day on collection suits. Many of these are brought by debt buyers who either cannot or will not prove that they have the right to sue Alabama consumers. There are other defenses to the collection suits - for example many suits are brought after the statute of limitations has expired...
Information For Alabama Consumers On New FICO Credit Scores
Posted on January 03, 2008It is a simple fact of life that credit scores control so much of what Alabama consumers can do in terms of obtaining financing for houses or businesses and even employment. These scores are based on the information in your credit reports. This is why it is so critical to look at your credit reports to make sure they are accurate...
Recent Opinion In Sloan vs. Equifax
Posted on January 02, 2008This opinion from the Fourth Circuit Court of Appeals rejected the arguments of Equifax in this six figure verdict except on two grounds. The emotional distress damages were reduced to $150,000 and the trial court was instructed to conduct a hearing on the attorney's fee award...
Recent Articles on Foreclosure/Sub-Prime Disaster
Posted on November 24, 2007At the always informative Consumer Law and Policy Blog, Deepak Gupta has an excellent article discussing some recent pieces of journalism discussing foreclosures and sub prime lending. Alabama consumers have faced tremendous pain and suffering from wrongful foreclosures and from what appears to be illegal sales tactics and sometimes outright fraud in the making of sub-prime loans...
More Good News For Alabama Consumers - Arbitration Provisions Limited By Court
Posted on November 23, 2007Several times in the recent weeks courts have limited the ability of companies to forbid class actions in arbitration agreements. You can read about one a few days ago here which discusses the recent opinion by the First Circuit Court of Appeals. Finally, you can read a great article by the Consumer Law & Policy Blog (Scott Nelson) about the Eleventh Circuit (which covers Alabama) decision in Dale v...
Great News For Victims Of Arbitration Provisions
Posted on August 19, 2007A serious problem for Alabama consumers and consumers around the country is the wide spread practice of forcing consumers to "accept" arbitration agreements. These often say that the consumer can not file or participate in any class action. Thus, times where an Alabama consumer is cheated out of $50 has to be filed individually which, as a practical matter, means most cases are not filed and consumers are left frustrated...
Good ID Theft Protection Advice For Alabama Consumers From Wall Street Journal
Posted on August 12, 2007As you know, Identity Theft is a major problem for Alabama consumers and we are always on the lookout for good advice to reduce the risk. Today the Wall Street Journal has a book excerpt that offers some excellent advice. We suggest you read this fine article and see if your defenses have any weaknesses that you can shore up...
Arbitration For Collection Actions - Fair or Unfair?
Posted on August 11, 2007We are not big fans of arbitration as it is often very unfair for Alabama consumers. We recently read a post in Credit Slips which is so typical of what Alabama consumers face when they are hit with an arbitration claim, particularly arbitration claims in the National Arbitration Forum (NAF)...
Easier For Alabama Consumers To Receive Punitive Damages Against Credit Reporting Agencies?
Posted on August 07, 2007Our friend Robert Duff of the Indiana Consumer Law Blog has an interesting post about a recent U.S. Supreme Court decision which holds that when a credit reporting agency (such as Equifax, Experian, or Trans Union) recklessly reports or recklessly investigates your disputes, punitive damages can be considered by the jury...
ID Theft Can Target Celebrities Also
Posted on August 07, 2007Denise Richardson has an excellent blog on credit issues and she picked up this story of how an ID theft ring was targeting celebrities such as Whitney Houston, Paris Hilton, Jennifer Lopez, and others. As we have discussed in the past, ID theft can strike anyone - old, young, ordinary, and now apparently even the famous...
A Warning To Debt Buyers From Collection Attorney
Posted on July 30, 2007We always enjoy (if not always agree with) the posts on Michigan Collection Law Blog by Gary Nitzkin. He has a fascinating post on his advice to debt buyers that you might find interesting. Here is a short excerpt and we recommend you read the rest of this good article: These debts are generally fraught with lots of problems...
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I had an account with GEMB/Select Comfort to buy a new bed back in 2005. After paying it off (in 2006), I requested they close the account. In January of 2008, I declared bankruptcy (chapter 7). The creditor was NOT list
if you did pay it off before the bankruptcy and it wasn't listed as a accou...
Can the county Sheriff deny you a pistol permit?
I am a staunch advocate against weapons and carrying weapons and carrying weapon...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
What do i do if i have a restaining order in colordo in want to move it to alabama with prbation can it be done
can u tranfer a misdemnor to alabama from colordo
...
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