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Legal Related

The Advocacy for Consumer Rights, TAFCR, Sues Consumer Reporter

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Update 3-26-2014 The court dismissed the case. THE ADVOCACY FOR CONSUMER RIGHTS LLC, a.k.a TAFCR, an Arizona foreign limited liability company, Plaintiff, V. STEVE RHODE AND JANE DOE RHODE; JOHN DOES I-X; JANE DOES I-X; ABC PARTNERSHIPS I-X; DEF LIMITED LIABILITY COMPANIES I-X; and XYZ CORPORATIONS Defendants. For their claims for relief against Defendants, Plaintiffs allege as follows: PARTIES, JURISDICTION ... 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 »

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 »

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 »

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 »

Homeowners In Financial Distress Lose Over $1.2 Million To Mortgage “Rescue” Fraud

To the tune of a MasterCard commercial: $4.7 million in fradulent mortgage loans… $944,224 lost by lenders…. $1.2 million lost in equity to homeowners…. Shameful. Mary Ann Dean and Charles Donaldson pleaded guilty to the charge of conspiracy to commit wire fraud in connection with a mortgage fraud scheme of Sunset Mortgage Company. Dean was a loan originator and operator ... Read More »

No Excuses For Sloppy Mortgage Foreclosure Practices

President Obama’s Financial Fraud Enforcement Task Force strikes again! The task force was assembled to wage an aggressive, coordinated, and proactive efforts to investigate and prosecute financial crimes. Personally, I think there are too many “force”s in the interagency’s title. Perhaps it works in their favor, because this week the force is strong! On October 6, 2011 the United States ... 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 »

Chase Bank Dropping Debt Collection Lawsuits

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in a yet unexplained move, JP Morgan Chase has been dropping lawsuits against consumers for past debts. The Wall Street Journal is reporting Chase “wouldn’t disclose the number of cases dismissed or the reasons for the move. State judges said the bank has dropped lawsuits targeting borrowers in California, Florida, Illinois, New Jersey and New York since April.” – Source ... Read More »

I Am Considering a Debt Settlement Program But I’m Afraid of Getting Sued…What Should I Do?

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The following guest post was contributed by Veritas Legal Plan. If you would like to contribute a guest post, click here. If you are reading this article chances are you are considering enrolling or are currently enrolled in a debt relief program. Some of you will choose the nonprofit CCC/Debt Management Programs and those that are unable to afford the ... Read More »

MP-50416E is the Newest Mass Joinder Mailer to Watch Out For

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A reader sent in a new version of the mass joinder mailer that is now going out. This is just another misleading marketing piece that looks just like the H-118, 52PLL-T, and 1012-R mailers I’ve written about before. This mailer makes the same unsubstantiated claims of debt forgiveness, interest rate reductions, balance reductions, and an award for monetary damages. Be ... Read More »

Are Stay-At-Home Mom’s At Risk For Being Denied Credit?

The Federal Reserve has recently proposed new rules in credit card lending to only consider one’s personal income and not the household’s income. Essentially, this sounds smart. They are trying to prohibit those without a steady income from taking on credit, especially those unable to repay their debt. However, Margaret Ryznar points out an outstanding point in her most recent ... Read More »

Creditors More Likely to Sue Over Smaller Credit Card Debts

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The Sun Sentinel out of Florida is reporting that cases where a creditor has sued a consumer over a debt owed are increasing. Small claims courts in Broward and Palm Beach counties are reporting a spike in the number of cases against debtors, who typically owe between $2,000 to $4,000. Some judges say they are handling more than 25 such ... Read More »

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