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 […]
5 Free Tools To Fight A Debt Collector
When a debt collector calls, the conversation often seems all too one-sided. The collector makes impossible demands. Nothing you say penetrates. Including your assertion that you don’t recognize the collector, the debt, or any legal responsibility for paying. Or maybe you recognize the debt but simply don’t have the money to deal with old debt […]
Life And Death of Debt In California
CPR has its place when human life is involved. Human life is precious. But when what’s dying is the legal right to collect a debt? Not so fast. You don’t want to breathe new life into an old debt that is legally dead. Yet you can do that, unintentionally reviving a debt that is legally […]
How Many Collection Calls Is Too Many
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 […]
Can You Spot The Signs Of A Collection Scam
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 […]
Pay Your Debts Or Go To Jail?
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 […]
Debt Collection Breakthrough Protection
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 […]
How You Can Collect From The Debt Collectors
I team up with consumer lawyer Mike Cardoza to identify your rights against debt collectors and then to preserve those claims through bankruptcy. The longer you resisted filing bankruptcy, the more likely that you’ve endured harassing encounters with debt collectors. And the more encounters you have with debt collectors, the more likely that you’ve been […]
Debt Collectors Distort Law On Debts Of Spouses
Debt collectors claim you are personally liable for your spouse’s, debts. Or even for your ex-spouse’s debts. That’s a (convenient) lie. California community property law is complicated. I get it. It shouldn’t surprise me that debt collectors don’t understand community property. Or maybe, they find it inconvenient to understand. Or maybe, they deliberately distort the […]
What To Do When Served With A Collection Lawsuit
Being served with papers in a California collection lawsuit doesn’t generally help your critical thinking process. In fact, that surge of adrenaline seems to blur the eyes and fog the brain. So when you scan the lawsuit papers and see a date, months down the road, you exhale and set the problem aside for another day. […]
