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Debt Collector Threaten To Report You For Theft? Guess What?! That Just Might Be Criminal »

Facts:   Creditor states “if you don’t make an electronic payment over the phone right now, I will report you to the Sheriff for Theft of my goods.”   Debtor:  “No, no, I will pay you; here’s my bank information.”
Hmmmmmmm…..who should really be worried at this point?  Do you really even owe the debt?   Jay Fleischman, a New [...]

West Virginia Warns Against Abusive Debt Collectors »

Darrel McGraw, West Virginia Attorney General recently warned the public about scam artists who are threatening consumers about Internet payday loans they never obtained, or paid off several years ago.
McGraw says the scammers pose as law enforcement officers, investigators, lawyers and bankers. They have heavy, foreign accents, indicating they may be from off shore locations [...]

FDCPA Violated By Letter To Attorney »

The Fair Debt Collection Practices Act covers letters to an attorney and not only to the consumer.  This is not commonly understood, yet it can add dollars to your ultimate recovery.
The Supreme Court’s benchmark decision, which ruled that attorneys are subject to the FDCPA, was itself based upon a lawyer-to-lawyer settlement demand for a false insurance [...]

Lenders Ignore Military Protections »

The Service Members Relief Act [SCRA] is designed to prevent a person in active service to this country from being sued while on duty.  Seasoned lawyers remember this law as the Soldier and Sailor’s Relief Act.  It has been amended and rewritten over time, and there are many more specific protections but the general gist [...]

Who is Not Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)? »

Generally, the FDCPA excludes from its provisions:

Creditors Collecting Their Own Debts, Retail Stores, Banks, Finance Companies - 15 U.S.C. 1692a(6).
Assignees Before Default, Car Finance Companies, Mortgage Servicing Companies - 15 U.S.C. 1692a(6).
If you liked that post, then try these…Some Attorneys are Not Debt Collectors - In House Counsel by Andy Miofsky, Illinois Consumer Law AttorneyThe [...]