Category: Collection Harassment

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When consumers file bankruptcy, they often wonder whether a debt collector can still collect on a debt discharged in bankruptcy. The answer: No. Creditors must cease trying to collect discharged debt from bankruptcy filers. Why Can’t Creditors Collect a Debt From Me After Filing Bankruptcy? Generally, the moment you file a petition for Chapter 7 or Chapter 13, the bankruptcy court issues an automatic stay on dischargeable debts. This is an automatic court order issued upon the bankruptcy filing. During this time, a creditor can’t collect a “consumer debt” and must stop collection efforts. If collectors are in violation of… Read More

If you’re receiving countless calls from a debt collector, it’s easy to understand why your first instinct may be to ignore them and hold off on dealing with the debt. Although you might want to consider turning your phone on silent or blocking their number, this is often not your best option. With that in mind, this article is for you if you’re searching for an alternative to ignoring debt collectors and creditors. Continue reading to learn more about the financial and legal effects of ignoring collection calls and what you can do instead. After you’ve finished this article, contact… Read More

It’s enough to increase your heart rate and make you break out in a sweat. The debt collector is calling! Debt collectors have tricks up their sleeves, so you are right to be concerned when debt collectors call. If you owe a lot of money, it very well may be worth your while to hire a debt collection defense attorney who knows the ins and outs. But if you are planning to speak with a debt collector yourself, you need to be prepared. Consider the following advice. Keep calm Debt collectors like to keep you off balance, and often they… Read More

How a Creditor Gets a Default Judgment Against You If a creditor is unable to collect a debt from you, eventually they will file a complaint against you in court. The court issues a summons notifying you of the suit. The plaintiff must then properly serve you with the summons and complaint within the procedures set out by Florida law. In Florida, once you have been served, you have 20 days to file a response with the court if you want to avoid a default judgment. Should you miss that deadline, the plaintiff will then request the court to order… Read More

If you’re accused of murder, you know you need to hire an attorney. But what if you just owe debts you can’t pay? When should you handle it yourself, and when do you need a Florida debt collection defense attorney? When you are already overwhelmed with debt, you may hesitate to get legal help, because you are afraid of just adding to your debt. But in many situations, a lawyer can save you money and give you a lifeline to getting your life back on track. That doesn’t mean you always need the help of a lawyer. Let’s look at… Read More

If you are struggling with debt, you will want to know about the latest debt collection limitations rules released  on December 18, 2020, that cover Information debt collectors must reveal to you about your debt When debt collectors can add information to consumer credit reports Limits on actions regarding debts that are past the statute of limitations for litigation Last month we told you that the Consumer Financial Protection Bureau (CFPB), after seven years of preparation, was releasing the Final Rule of the Fair Debt Collection Practices Act (FDCPA). The Final Rule was released in three parts, and last month… Read More

Last month, we advised you to check your credit report throughout the year. But you are not only checking for errors. One of the things you are looking for is whether you may be a victim of debt parking, sometimes referred to as passive debt collection. When you check your credit report, you may find it contains mistakes that indicate delinquent debts that you already paid or never owed at all. Those faulty debts are not always caused by mistakes. Unethical debt collection companies have been placing fake debts on consumer credit reports for the sole purpose of coercing payment… Read More

The law governing consumer debt collection is changing. For starters, third-party debt collectors will soon be able to contact you on social media. Just what we all wanted, debt collectors friending us on Facebook. But there’s a whole lot more. For seven years, the Consumer Financial Protection Bureau has been working on the Final Rule to apply the Fair Debt Collection Practices Act.  Whether you know it or not, if you are one of the 68 million American adults in debt collection, this will have a big impact on you. The National Law Review calls these updates “the most significant… Read More