Threats are the tools of the trade of debt collectors. Why not? Fear is effective to get people to do stupid things. That’s why debt collectors use it. Pay up or… Terror shuts down rational thinking and upends priorities. As a bankruptcy attorney, I meet lots of people because they’ve panicked. A debt collector has threatened […]
California Consumers Have Powerful Debt Collection Rights
California outdoes the rest of the country in its debt collection rights for consumers. Debt collectors have noticed the growing understanding of debtors about their rights to fair debt collection. And they aren’t happy. The Federal law Fair Debt Collection Practices Act regulates the conduct of third party collectors. Those protections apply everywhere and more […]
Debt settlement: how it really works
Debt settlement companies thrive on tapping the consumer’s genuine desire to pay back their debts. They don’t tell you how debt settlement works, in reality. They promise that they will compromise with your creditors for a sizable discount and all will be well with the world. There are any number of reasons that isn’t so, […]
Who Needs This Kind Of Help With Debts
Eliminate your unsecured debt sooner than you ever thought possible. That’s the promise of one debt settlement company. It’s in their contract, not just their ads. It must be so. The pitch preys on people’s profound desire to do the right thing. Most people want desperately to pay their debts and avoid the “horror” that […]
Your Tax Refund In The Crosshairs In Debt Collecting Season
Who knew that there was a season for debt collecting? Debt collectors see your tax refund as easy pickings. My friend and colleague attorney Mike Cardoza does. See what he says. The beginning of the year through about the end of March is the big season for debt collection! Why? Because collectors are pretty sure that […]
What Is Really Scary About Debt Collectors
When I tell a client to stop paying credit cards, they look at me as though I’d suggested they jump into shark-infested waters. “But they’ll start calling me”, they wail. “I’ll be sent to collection“. In their mind, “collection” is a real place, with manacles dangling, barred windows, and water dripping down moldy dungeon walls. Turns out […]
Debt Settlement Is A Dud
Debt settlement is often dangled in front of the financially challenged as an alternative to bankruptcy. Sounds good: making a deal with your creditors has enormous appeal when you can’t pay everything that you owe. And debt settlement companies count on it. The pitch for “settling your debts” touches a nerve. Almost everyone WANTS to […]
The Essential Step To Get Your Day In Court
When you’re sued for debt, it’s easy to imagine appearing on the court date to tell the judge your side of the story. You imagine the judge considering your argument and challenging the other side to prove otherwise. Or tempering the creditor’s demand for an amount you can afford to pay. It’s a comforting image, […]
5 Things To Do When You Have Been Sued
The ring on the doorbell was a process server. Bingo! You’ve been sued. Now what? Breathe deeply and work your way through this five step check list. Then I’ll suggest some options. The details in this post are based on California law. The basic principles of notice, answer, and trial apply everywhere. Scout the territory […]
