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Debt Collection

How to Dispute and Ask a Debt Collector to Validate a Debt

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If you have been contacted by a debt collector that is not the original creditor or representing the original creditor, I think it would be smart to ask the debt collector to validate the debt and prove you actually owe it if there is any doubt on your part you owe the debt. Many debts were sold to debt buyers ... Read More »

    FTC Shuts Debt Collection Company That Threatened Consumers

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    At the request of the Federal Trade Commission, a U.S. district court shut down a Houston-based debt collection operation that allegedly illegally used insults, lies, and false threats to collect on payday loans – including telling a Virginia woman that she would be arrested and jailed for three years, and would lose her disability payments if she did not pay ... Read More »

      An Examination of New CFPB Debt Collection Rules

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      The Consumer Financial Protection Bureau (CFPB) has released new rules that will give it the authority to supervise the activities and actions of the nations largest debt collection agencies. While supervision does not extend to all debt collection groups, the lessons learned will. The CFPB stated that the purpose of this action and regulations of the debt collection industry was ... Read More »

        Medicredit Debt Collector Allegedly Threatens Mother and Uses Social Media as Weapon

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        Update 11-5-2012 We received the following correspondence from Michael A. DiMarco from MediCredit. In your October 23, 2012 blog entitled “Medicredit Debt Collector Allegedly Threatens Mother and Uses Social Media as Weapon,” you acknowledge that there might be some confusion in the identification of the exact underlying companies in the lawsuit filed. The facts are: 1. The complaint should have ... Read More »

          Old Dog – FDCPA Lesson Learned

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          I’ve been living with dealing with debt since 1990 and began professionally helping people with debt problems in 1994. There are just fewer issues that come along these days that surprise me and teach this old dog something new. But once in a while one does. This one has to do with a incorrect assumption that myself and many others ... Read More »

            Debtors to be Posted on Facebook to Shame Them Into Paying

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            I’m sorry, this proposal by the city of Farmington, Mississippi seems so wrong. According to the local newspaper, the city is exploring the public shaming of debtors through presumably the city Facebook page, which by the way, blows. – Source The town apparently believes that even if the person named does not see the Facebook mention, others will see it ... Read More »

              Can All Debt Relief Sales Pitches Be Believed. What About This One?

              A reader sent me an email they had received from a site Credit Card Debt Relief 4u. The email says: “After your debt defaults (about 6 months from the first missed payment) with the original creditor, it is passed onto a debt collection agency for collection. If you send that agency the right letter, your debt will likely get passed ... Read More »

                Resurgent Capital Services’ and LVNV Funding Dismiss Thousands of Maryland Collection Lawsuits

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                Maryland District Court Chief Judge Ben C. Clyburn wiped the slate clean on about 3,600 lawsuits to collect debt that was initiated as the result of Resurgent Capital Services’ and LVNV Funding going after consumers. The companies reached a settlement with the State of Maryland that included paying a $1 million dollar penalty and dismissing the 3,564 active lawsuits against ... Read More »

                  How to Best Deal With Aggressive Debt Collectors

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                  In today’s world, the term “aggressive” has positive connotations. When hiring an attorney, for example, no one would want a passive advocate for their claims. People want an aggressive lawyer. Similarly, in business, companies want aggressive salespeople; and sport teams want aggressive players. No wonder, I often have clients that try to excuse away egregious debt collector behavior on the ... Read More »

                    Negotiating a Debt Settlement With a Debt Collector

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                    Are you in collection and want to negotiate with the debt collector to settle your debt for less than you owe? This video will show you how to do it with great advice from my friends, Gerri Detweiler and Michael Bovee. We talk about the best time to settle a debt with a debt collector and how much to expect ... Read More »

                      Fake and Bogus Debt Collector Scam – Video

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                      Don’t let a fake or bogus debt collector threaten you with immediate arrest on a debt you don’t recognize. Some outfits have sprung up that use personal information obtained from people who may have applied online for a loan to call and scare into paying a fake debt. Recently Gerri Detweiler, Michael Bovee and I got together to tape a ... Read More »

                        Zombie Debt 1099 Style. And You Thought Your Old Debt Was Dead. LOL.

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                        THE KING OF ZOMBIE DEBT: THE 1099-C. WHAT TO DO WHEN COLLECTION CONTINUES AFTER RECEIVING A 1099-C By Gregory M. Fitzgerals, Esq. Most folks who get a 1099-C accept that it is a good news/bad news thing. The bad news is you must include the 1099-C as income on your taxes. The good news is you no longer owe the ... Read More »

                          Tennessee Protects Citizens From Debt Collectors. Arizona Serves Them Up.

                          A recent court case in Tennessee went all the way to the State Appeals Court. In this case the court ruled that debt collectors and secondary debt buyers need actual proof of the debt owed before they can recover it. The case involved LVNV Funding, Resurgent Capital and Sherman Financial Group. “In December 2009, Plaintiff/Appellee LVNV Funding, LLC, (“LVNV”) as ... Read More »

                            Debt Validation Finally Defined. What You Should Ask a Collector or Creditor for to Validate a Debt.

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                            So much stuff has been written advising people to get their debts validated. I’ve asked professionals and lawyers all over for a definition of what this actually means and until now, nobody really knew. Was validation of a debt achieved if the lender simply acknowledged an account was present or did it require documentation of all transactions in the account? ... Read More »

                              Don’t Be Surprised to Be Asked to Pay Up Before Getting Care in Emergency Room

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                              Accretive Health, one of the largest collectors of delinquent medical debts has become a target of criticism and regulator attention recently. It is alleged that debt collectors, appearing to be hospital employees, have been confronting sick and injured patients, and demanding payment before treatment. The practice of embedding debt collectors in some hospitals came to lift in hundreds of company ... Read More »

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