When you feel completely overwhelmed and bankruptcy is not an option in your personal situation, the first step is to take a moment and a step back–look at what you owe and what money you have coming into your household.   Realize that sometimes creditors will work with you in order to avoid their debt being [...]

Okay, so you can’t afford your car anymore. It looked nice on the lot and you believed you could make the payments, but now? Last month’s payment was used to pay the day care provider and ……….. and the car creditor is calling five times a day threatening that a repo man will [...]

Many of my colleagues’ and my postings have concerned the abuse by debt collectors and how the FDCPA protects consumers….BUT, what about when original creditors heap abuse on someone?   Many states have passed a state version of the FDCPA to protect their consumers, but one benefit of those state laws is that often, original creditors [...]

The answer is yes. Whether you owe the money or not, the plaintiff (the person or company) suing you must still prove their case and prove that you owe the money. Sometimes, folks “think” they may owe the money but can’t really remember when it has been a long time since the [...]

In Part 1 and 2, I discussed the two basic kinds of damages available from a debt collector for violations of the Fair Debt Collections Practices Act: (1) statutory; (2) actual.  This discussion centers on the third kind of damages: Special.   Each of these kinds of damages require different kinds of debt collection behavior to [...]