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Can a Credit Card Company Sue a Social Security Disability Claimant? »

Recently, I received a letter from a very upset woman regarding a lawsuit filed against her arising from credit card debt.  She wrote:
I am 63 and on Social Security Disability.  A collection agency sent me paperwork to go to court, or so it appeared.  There was no court.  Then 2 weeks later they got a [...]

Can I Be Sued If I’m Making Payments To The Credit Card Company? »

There are lots of street myths about debts and payments. One prevalent one is that the credit card company can’t do anything if you are making even bare minimum payments. This simply isn’t true.
The statement you receive from the credit card company each month has a minimum payment amount. This will change [...]

Can A Creditor Garnish My Paycheck? »

Well, yes and no. Yes, a creditor can garnish, but no, they can’t just start garnishing without going through a series of steps first. The first thing that has to happen is the creditor has to file a lawsuit. (There are two exceptions to this first step–the IRS [...]

The FDCPA’s Least Sophisticated Consumer Standard »

When considering whether there is deception in debt collection communications, the courts apply an objective standard of deception.  It is known as the “least sophisticated” or “unsophisticated” consumer or debtor standard.  There is no requirement of proof of actual deception of the consumer who files a FDCPA claim to establish debt collector liability.  The courts [...]

How Long Does a Credit Card Company Have to Sue Me? »

A recent article by Bankruptcy Law Network member Jay Fleischman talks about statutes of limitations that apply to credit card debt.
The case, Capital One Bank USA, NA v Gregorich, dealt with whether Capital One’s lawsuit against Ms. Gregorich was filed on time, or was barred by the statute of limitations. Ms. Gregorich lived in Florida, [...]