Bankruptcy Stops Wage Garnishment The minute a bankruptcy cases filed,an injunction called the automatic stay is issued, which prohibits creditors from trying to collect on debts that were included in the bankruptcy. The Ninth Circuit Court of Appeals has called the automatic stay “one of the most important protections in bankruptcy law.” The automatic stay is [...]
Creditor Harassment
Eleventh Circuit: No Such Thing as a “Harmless” Debt Collection Lie
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Debt Collectors Cannot Use False or Misleading Statements to Collect a Debt Under the Fair Debt Collection Practices Act (FDCPA), a debt collector is prohibited from using false or misleading statements in order to collect a debt. A new decision out of the 11th circuit, reminds us that this rule is to be taken literally [...]
Debt Collectors Stoop to New Low: Credit Cards in Exchange for Expired Debt
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Debt Collectors Offering Credit Cards With a Catch… Just when you thought debt collectors couldn’t get any lower, that they couldn’t be any more obnoxious or unethical, they started offering credit cards in exchange for paying expired debt. Yes, you read that right. The Wall Street Journal recently ran a story outing the relatively new tactic [...]
When Creditors Come Calling After Your Bankruptcy Discharge
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You Don’t Owe Anymore After Bankruptcy Whether it’s receiving a discharge under chapter 7 or chapter 13, the result is the same: you do not owe anyone, any amount, on your unsecured non-priority debts that existed prior to filing. If you listed it and you received a discharge, then you are no longer responsible or [...]
Ten Things to Consider When Talking To Debt Collectors
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No one enjoys repeated phone calls from mysterious numbers with voice messages containing the following: “we are calling to discuss an important business matter concerning [you!]” . There are a few things to know when speaking to a debt collector that can help you understand your rights and their motivations. 1. Debt collectors are not [...]
Credit Card Lawsuit Defenses
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What to Do When You’ve Been Sued by Your Credit Card Company So you have been sued and are wondering what to do next. The first thing aside from having a lawyer review the Complaint is to carefully read everything yourself and determine how long you have to file an Answer at the Courthouse to [...]
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