It’s not uncommon for consumers to complain of debt collectors calling them at all hours of the day and night. Some consumers even worry that debt collectors will take further action, such as contacting an employer to have the employee’s wages garnished to repay the debt. These are just some…
Category: Debt Collection Harassment and Abuse (FDCPA)
At Loan Lawyers, we have used the Fair Debt Collection Practices Act (FDCPA) to great effect to protect members of the public from harassment by debt collectors, mortgage companies and mortgage services, As the FDCPA states, its purpose is to “eliminate abusive debt collection practices by debt collectors, to ensure…
In this era of data breaches and stolen identity, it is not uncommon to receive the dreaded call or letter stating that someone has opened a credit card or line of credit in your name. While informing the creditor that the account does not belong to you is a necessity,…
A good decision came out recently in the Seventh Circuit, the case of Loja v. Main Street Acquisition Corporation. The issue it considered is fairly well settled in Florida but it is always good to see normal members of the public prevail anywhere. The Fair Debt Collection Practices Act or…
Most forms of debt have what is called a “statute of limitations”, a date after which a lawsuit to collect the debt will fail because the debt is too old, if the allegation that the debt is too old is proven in court. Many local courts have held that it…
A great opinion came out of the Second District Court of Appeals recently, the case of Katrina Bushnell v. Portfolio Recovery Associates, Case No. 2D17-429. Portfolio is what is commonly called a “debt buyer” and anyone who has read our blogs knows our office has had a great deal of…
Courts in the United States cannot enter a ruling on anything that a judge finds interesting or on any matter that a judge thinks is important. There are several requirements before someone can bring a lawsuit to a court, one of which is that they have to have an actual…
Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer who can assist you in…
A bad decision harmful to members of the public just came out of the Third Circuit Court of Appeals. While the precise timing of when you can file a lawsuit is complicated, lawsuits have an expiration date when you can file them which is called the statute of limitations. Unfortunately,…
