Tag Archives: Debt Defense

Client Pay Nothing on $32,000 Credit Card Lawsuit

I’m excited to write about a very happy client who received  CACH, LLC lawsuit for more than $32,000.  The client wasn’t sure when he made the last payment but knew it was made a long time ago.  Our office felt … Continue reading

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What Happens if I Received a Statement of Claim?

A Statement of Claim is a form that is used when someone believes you owe them money.  This is the form that begins a case in Small Claims court.  It is a simple form that is filled out by the … Continue reading

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Florida Court Rejects Long Standing, Accepted Deifintion of Express Consent Under TCPA

The TCPA was encated in 1991 to stop telemarketing to random phone lines where there was one previous relationship   The law was enacted in response to the use of telemarketers blasting automated calls to all phone lines.  There is an exception for … 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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Calling a Debtor a Liar When Collecting a Debt Is Sufficient to State an FDCPA Claim

A Michigan court recently held that a debt collector who alleged that a debtor was “not being honest” and called the debtor a “liar” with respect to her work history has stated a Fair Debt Collection Practices Act (FDCPA) claim.  The debt … Continue reading

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What Is The Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that regulates how a collection agency operates.  A collection agency is anyone who regulatory collects or attempts to collect debts owed or due or asserted to be owed or due to another.  The FDCPA was … Continue reading

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FDCPA Violation for Hanging Up Prior to Speaking With Caller

       A collection agency was using an automated dialing device to call a supposed debtor.  As soon as the supposed debtor answered the call or the voice mail turned on, the automated dialing machine would end the call.  A FDCPA … Continue reading

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Capitol One Credit Card Delinquencies Drop

Capital One’s credit card delinquencies decreased in December to 3.61% down from 3.71% for 30-day delinquencies.  The charge-off accounts, which means the bank no longer anticipates being able to collect the account also decreased.  The charge off amount for December decreased … Continue reading

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