Tag Archives: Credit Card Defense

Questions and Answers About the FDCPA

Q.  What is the FDCPA? A.  The Fair Debt Collection Practices Act (“FDCPA”) is a federal statute that regulates debt collectors and prevents them from engaging in abusive, unfair, or deceptive practices in their efforts to collect a debt. Q. … Continue reading

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JPMorgan Bank Floods California With Credit Card Lawsuits and California Files a Lawsuit

The state of California has filed a lawsuit against JPMorgan Chase alleging that they filed tens of thousands of lawsuits to collect credit card debt in violation of debt collection laws.  Here is a link to read more about it. http://dealbook.nytimes.com/2013/05/09/california-sues-jpmorgan-chase-over-credit-card-cases/ The question arises why … Continue reading

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Debt Settlement Firm Charged in Criminal Referral

Not all Debt Settlement Companies are ethical, and some don’t even have an attorney that can go to court for you!  Mission Settlement Agency, a debt settlement company, was charged today with defrauding more than 1,200 individuals who were trying to payoff … Continue reading

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Wage Garnishments In Florida

I often consult with clients who call frantic about their paychecks being garnished. Many times they believe that their entire paycheck will be taken until their debt is paid off.  This hopefully will clarify some aspects of wage garnishments in Florida. What is Wage Garnishment in Florida and When Does It Apply? … Continue reading

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What are the Types of Causes of Action that Debt Collectors Use to Sue for Debt?

What is a “cause of action?” A cause of action is a fact or a combination of multiple facts that would give a plaintiff the right to sue and is the basis of a lawsuit.  In a credit card lawsuit … Continue reading

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Many Credit Card Lawsuits Lack Necessary Documents To Win At Trial

The same problems which resulted in multi-billion dollar settlements by the big banks in foreclosure lawsuits are now emerging in credit card lawsuits.  Robo-signing has become a large part of the credit card lawsuit practice resulting in the Plaintiffs filing flawed lawsuits … Continue reading

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Appeals Court holds debt collector sending mail “in care of” your employer is an FDCPA violation

The Fair Debt Collection Practices Act was implemented as a result of ” abusive, deceptive and unfair debt collection practices by many debt collectors [which] contribute to the number of personal bankruptcies, to martial instability, to the loss of jobs, and to … Continue reading

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Number of Consumers with an Account in Collection Grows

 It’s a difficult time for consumers with more consumers having their accounts turned over to third-party collection agencies than in the previous year.  If you have been contact by a collection agency attempting to collect a debt from you, contact … Continue reading

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A Credit Card Lawsuit Road Map

Of course it begins with a debt.  You, the debtor, use a credit card, debit card or incur any other type of debt.  At this point the debtor is dealing with the original creditor, such as American Express. When the debtor … Continue reading

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Fighting Debt Junk Buyers and Collection Lawsuits

Are you being sued by a Junk Debt buyer? A majority of debt lawsuits involve the purchase of large quantities of “Junk Debt.” Junk Debt is debt that the original creditor has given up hope on recovering from the debtor … Continue reading

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