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Lawsuits

Being Sued for a Federal Student Loan? Don’t Panic. Read This!

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A friend asked me recently what really happens to people who are being sued over a defaulted federal student loan that was referred to the Department of Justice by the Department of Education. So I had to do what I typically do with these types of questions and spent hours and hours pouring over lawsuits by the United States of ... Read More »

California AG Sues Over Chase Credit Card Collection Activity

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Attorney General Kamala D. Harris yesterday filed an enforcement action against JPMorgan Chase & Co. (Chase) alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens of thousands of Californians. The suit alleges that Chase engaged in widespread, illegal robo-signing, among other unlawful practices, to commit debt-collection abuses against approximately 100,000 California credit card borrowers over at ... Read More »

WTF! There’s a Judgment on My Credit Report

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Help! I Found a Judgment on My Credit Report (via Credit.com) It’s scary enough to owe money you can’t pay back, but what may be even worse is finding out that you have already been sued for a debt, but didn’t even know it. Mark wrote on the Credit.com blog: I received a letter stating there was a judgment against ... Read More »

People Finding Success in Fighting Back Against Credit Card Lawsuits

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“All debt collection is under the microscope,” said Chris DeRitis, Ph.D., a consumer credit expert at Moody’s Analytics, a West Chester economic research and consulting firm. “A lot of this debt gets traded three, four or five times. It’s a messy business.” The issue has similarities to abuses in the foreclosure process that led to the 2010 “robo-signing” scandal, in ... Read More »

Ed Cherry, Edward Tudor and Growth Capital Partners “Where is the Gold” Lawsuit

A tipster (send in your tips here) sent in a copy of a lawsuit filed by Edward Tudor, which is a fictitious name registered by Ed Cherry, of Hess Kennedy fame. The suit was filed on behalf of Growth Capital Partners as well, a company we’ve talked about before. In September of 2011 a suit was filed against Susanna Andrea ... Read More »

Payday Lenders Get Consumers Tossed in Jail in St. Louis

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Just when you though we were done with the foolishness of spending local government money to assist debt collectors, a loophole in Missouri allows creditors to have consumers tossed in jail. Now don’t get too worried, this is happening because people are missing court dates. But consumers are also being setup for this as well. The Bill of Rights in ... Read More »

How to Defend Yourself If You Are Sued by a Debt Buyer

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I’d love to take credit for the tips that are made here but Peter Holland of the University of Maryland Francis King Carey School of Law is the one that deserves the credit for writing a fantastic paper outlining the process. Holland provides amazing advice here and I wish we’d see more such academic papers posted to help consumers. How ... Read More »

What To Do If You Get Sued By a Creditor – Part 1

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PART I: WHERE DO I START? Every collection lawyer and nearly every court views all collection lawsuits the same: a mindless task they don’t really want to do. They were trained for bigger and better things. More “important” things. However, it is the exact opposite for the consumer defendant. It is extremely important given that they intend to grab your ... Read More »

The Debt Relief Most Bizarre Lawsuit of the Year, So Far, Goes to Regner v. Devoto

Yesterday I wrote about how former Lloyd Ward compatriots Kevin Devoto and Lloyd Regner were in the middle of a tiff with Devoto suing Regner. See No Apparent Honor in Debt Settlement. Kevin Devoto Sues Lloyd Regner. Well today comes one of the most odd lawsuits I’ve seen. Frankly this one reads like a movie script. Trust me, it’s worth ... Read More »

Strategy on How to Defeat A Motion For Summary Judgment In Florida Specifically and Other States Generally

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The premise behind a Summary Judgment (SJ) is that the facts are undisputed, and that the only remaining question is one of law. When a plaintiff files a motion for SJ they are going for the quick victory with minimal costs. Defeat the SJ and the plaintiff is in for a long war with greatly increased costs. The strategy for ... Read More »

Robo-Signing Fraud Hits Credit Card Companies. Makes Lawsuits Problematic.

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Photo Credit: Sebastianlund In the last year there has been quite a lot of news about the mortgage industry using a technique called robo-signing. This is where a person is supposed to review documents to proceed against a homeowner and foreclose on their home but in fact never examines the information to see if it is accurate. Rather than check ... Read More »

Chase Stops Suing Consumers Over Debt

In a move that will most certainly not be permanent, JPMorgan Chase is reported to have stopped suing consumers over debts. The American Banker is reporting that almost overnight, suits to collect debts by Chase have nearly stopped. A rumor exists that the Office of the Comptroller of the Currency is looking into issues surrounding Chase consumer debts. Those actions, ... Read More »

How You Can Find a Good Attorney or Lawyer

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This guest post was submitted by Kristin Crone, Esq. from UFAN (United Foreclosure Attorney Network.) She is a California based attorney so the links given are for California but every state has a Bar Association and a quick search for your state Bar will lead you to the appropriate resource for you. While the advice given is about a mortgage ... Read More »

If a Creditor Sues You For a Debt, Show Up or Risk an Arrest Warrant and Jail

It’s getting more attention these days, the concept that debtors prison is resurfacing. And while that’s not exactly true, you can’t be thrown into prison for debt. But there is more coverage about debtors that are being arrested and taken to jail. Mostly just for processing but some are sitting behind bars as they wait to be bailed out. The ... Read More »

What Does Judgment Proof Mean?

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Q: What does it mean to be judgement proof, and how do I know if I am? Thank you. - Betty Reply from DebtCollectionAnswers.com: Great question Betty! Being judgment proof essentially means that you don’t own any property that could be seized or attached by creditors. If you were sued, the creditor or collector might successfully get a judgment against ... Read More »

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