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Your Tax Refund In The Crosshairs In Debt Collecting Season

By Mike Cardoza

debt collecting season

Who knew that there was a season for debt collecting?  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 you have some money in your pocket – […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2018, tax refund

Can You Spot The Signs Of A Collection Scam

By Cathy Moran

It’s pretty scary when a $300 payday loan turns into an investigation by the Federal Crimes Bureau. Not only was the recipient of the collection letter  below being  “investigated for crimes”,  his Social Security number would be suspended, and a court case initiated against him immediately. At great cost and embarrassment. Unless, of course, he sent the […]

Filed Under: Consumer Rights, Debt Collection Rights, True Stories Tagged With: jail for debt, scam

5 Things To Do When You Have Been Sued

By Cathy Moran

The ring on the doorbell was a process server. Bingo!  You’ve been sued in a California court. Now what? Breathe deeply and work your way through this five step check list.  Then I’ll suggest some options. Scout the territory 1. Look at the caption:  It identifies the parties to the suit.  It’s right below the […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: lawsuit

California Consumers Have Powerful Debt Collection Rights

By Cathy Moran

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 […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: debt collection

Pay Your Debts Or Go To Jail?

By Cathy Moran

jailed for debt-not

What would you do if you got a tip there was an arrest warrant out because you hadn’t paid one of your bills? The right answer is “laugh”. In the US we don’t arrest people for owing money they can’t pay. Yet scammers are out in force, counting on you having slept through civics.  Whether […]

Filed Under: Debt Collection Rights Tagged With: arrest, scam, unpaid debt, warrant

Disarm The Debt Collector: Understanding The Weapons of Debt Collection

By Cathy Moran

debt collector

You can stop a debt collector cold, wherever you live, using federal law. It doesn’t take a lawyer, a court, or an enforcer. That’s because the weapons of a debt collector are fear, shame, and annoyance. The weapon delivery system is communication. Those weapons don’t have to be any more threatening than a plastic toy […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2016

What Is Really Scary About Debt Collectors

By Cathy Moran

Debt collectors as sharks?

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 […]

Filed Under: Consumer Rights, Debt Collection Rights

Debt Collection Breakthrough Protection

By Cathy Moran

lawsuit on old debt

The new rule defines attempts to collect a time-barred debt a false or deceptive practice, forbidden to debt collectors. The new prohibition becomes effective November 30, 2021 when amendments to the rules associated with the federal Fair Debt Collection Practices Act become law. New rule applies to debt collectors Importantly, the FDCPA applies only to […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2020, debt collection

How Many Collection Calls Is Too Many

By Cathy Moran

collection calls

The CFPB has answered the burning question of how many collection calls is too many. Starting November 30, 2021, seven calls within seven consecutive days is the limit. More collection calls than that constitutes prohibited harassing conduct. And harassing conduct violates the Fair Debt Collection Act. Remember that the FDCPA governs the conduct of debt […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2021, debt collection, FDCPA

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Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

How To Pay For Bankruptcy When You’re Flat Broke

One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you're smart, an experienced lawyer to make sure … Read more

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