MyFairDebt.com

General Discussion
This folder is for general discussion of debt collection issues. As with all postings in this forum, appropriate language and courtesy are to be used or the postings will be struck.

News Stories, Articles and Outlines Regarding the FDCPA, Collection Abuses and Debt Collection Issues

Social Security and VA [Veterans Administration] Benefits: Can They Be Garnished?
This folder examines whether a debt collector [or any creditor] can lawfully threaten to or take any action to try to garnish your social security benefits, VA benefits, or disability benefits received through Social Security or the VA. If they cannot, is it an FDCPA violation to threaten to do so?

Bad Faith Actions: Can Collector Sue You For Fees/Costs?
If you bring a bad faith action against a party under the FDCPA, there is a provision to allow them to sue you for fees/costs.

Attorneys: Are They Debt Collectors?
This folder examine when and how an attorney takes on the role of a debt collector and will be deemed a "debt collector" under the FDCPA and be subjected to its provisions.

Collectors Suing Consumers in the Wrong Venue
This folder examines instances where debt collectors [and their attorneys, whether the attorney fits the definition of "debt collector"] file suit against a debtor/consumer in the wrong venue.

Least Sophisticated Consumer: What Is It and When Does It Apply?
This folder examines the definition and application of the Least Sophisticated Consumer Standard.

Strict Liability Under the FDCPA
This folder examines the concept of strict liability and whether any defenses may be asserted to strict liability. When does strict liability apply?

Time-Barred Debts: Can These Be Collected On?
This folder examines collection of time-barred debts, the concept of moral obligations, as opposed to judicially enforceable debts, and whether the FDCPA is implicated.

Threats to Take Action Which Cannot Be Legally Done
This folder examines the FDCPA violation occurring when a debt collector threatens to do or take some action adverse to the consumer which the collector is not legally entitled to do.

Harassing, Oppressing or Abusing the Debtor: 15 USC 1692d

Unauthorized Practice of Law: Debt Collectors Pretending to be Lawyers or Implying That They Act Like Lawyers
This folder examines the all-too-frequent problem where collectors pretend to be lawyers or imply that they can do things that only a lawyer can do. The folder also examines instances where the collector threatens to do things which it cannot lawfully do.

Junk Debt Buyers: Who Are They and What Do They Do?
This folder examines the junk debt buyers of America. It examines who they are and what they do.

Violations of the Automatic Stay and Discharge Order[s] By Debt Collection Acts or Omissions

Bad Checks: Collection of Dishonored Checks

Demand For Immediate Payment: Is It an FDCPA Violation?

Debtor Confusion by Vague or Deceptive Communication

Calling Debtors at Work? Calling Friends and Family? Is That Permissible?

Mini-Miranda Warning/Notice Mandated By the FDCPA

Unjust Enrichment: Louisiana

Arrest You? Can a Debt Collector Threaten You With Arrest, Prosecution, etc.?

Quotes: On Debt Collection and Its Abuses
This folder is for quotes by famous or infamous people about debt collection and collection abuses. You may lift and use the quotes but we strongly advise that you check the source as we are in no position to verify the accuracy of the quotes shared by visitors to this site. [[Lawyer Disclaimer as usual]].

NARCA: What Is It and What Do They Have to Say?

Continuing Legal Education Outlines

False Representation That Communication is From an Attorney

Other False or Misleading Misrepresentations

Unfair Practices By Collectors

Collector's Communications With the Debtor and Others

Location Information: When and How Can the Collector Contact Debtor or Others to Acquire or Confirm Location Information?

Deceptive Forms and Letters: Collector's Use Violates FDCPA

Class Actions Under the FDCPA

Statute of Limitations [Also Called Prescription Period]: How Long Do Creditors/Collectors Have to Sue You on an Alleged Debt?

Excessive Phone Calls, Use of Autodialers and Scripted Messages

Pleading Ground Rules: What is Required in Federal Court?

Threats to Turn In a 1099-C to the IRS
Some debt collectors are threatening consumers with turning in a 1099-C to the IRS ostensibly under 26 USC 6050P and claiming that discharged debt is "income" to the consumer. Is that legal?

Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings

Can Debt Collectors Curse You or Engage in Name-Calling?

FTC Holder Rule: Assignee/Holder of Consumer Credit Contract is Subject to All Claims and Defenses Consumer Has Against Original Seller/Retailer: 16 C

Credit Reporting of Unliquidated Claims, Speculative Claims and Unenforceable Claims

Debt Collector Misrepresenting Affiliation: 15 U.S.C. 1692e[9]

Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses

Additional Collection Fees, Interest, Surcharges and Other Assessments
Can you have these padded onto your debt?

Potential Exposure For Sanctions Due to Filing Bad Faith FDCPA Cases: 15 U.S.C. 1692k[a][3], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11

Collection of Parking Tickets, Traffic Citation Charges, Court Costs and Other Governmentally-Imposed Debts

FDCPA, 15 USC 1692, et. seq.
This folder directs you how and where to find a copy of the entire statute with case law annotations and it contains the statute itself.

FDCPA: Purposes and Policies
This folder examines the purposes and policies behind the federal statute.

Communication: Specifically Defined Under the FDCPA
This folder examines what constitutes a "communication" under the FDCPA so as to trigger certain protections of the Act.

Consumer : Who is a "Consumer"?

Creditor : Who is a Creditor Under the FDCPA?

Debt: What Constitutes a "Debt" as Defined by the FDCPA? 15 U.S.C. 1692a[5]
This folder examines the definition of "debt" under the FDCPA. Whether a "debt" is the subject matter will determine whether the FDCPA applies. Case law and the definition under the FDCPA differentiate consumer debt from business-related debt.

Debt Collector: Who is a Debt Collector?
This folder examines the definition of "debt collector" and the case law interpreting the term. The FDCPA applies to "debt collectors."

Validation Notice Under the FDCPA
This folder examines all aspects of the validation notice required under the FDCPA.

Dispute Letters to Collectors
This folder examines the dispute process whereby the consumer contests the alleged debt and whether the dispute may be oral or only in writing.

Cease and Desist: Calling Off the Debt Collection Dogs: How Do You Do It?

Envelopes Marked Up
Debt Collector Marking Up Envelopes with "BAD DEBT" or other Improper Remarks: 15 USC 1692f[8]

Jury and Bench Trial Verdicts and Awards
This folder examines the awards in terms of damages, statutory or otherwise. Another folder will deal with the law regarding attorneys' fees, costs and those types of awards. This folder is to share gross figures on damages and recovery.

Attorneys' Fees, Costs and Other Non-Damage Awards

Injunctive Relief: Can I Get It Under the FDCPA?

Declaratory Judgment Relief: Can I Get It Under the FDCPA?

Damages Available Under the FDCPA

Personal Jurisdiction in FDCPA Cases

Jurisdiction and Venue: Where Can You Bring Your FDCPA Lawsuit?

Removal to Federal Court and Remand to State Court: Important Considerations When Suing or Being Sued: Do You Want to be in Federal Court or State Cou

Vicarious Liability/Respondeat Superior For Violations of the FDCPA

FDCPA: Preemption of State Laws

Bona Fide Error Defense: The Loophole

Standing: An Important Question
This folder examines who is the proper party to bring a lawsuit. This folder examines the issues from the standpoint of consumer-damage suits and collection suits brought against the consumer.

Statute of Limitations: How Long Do You Have to Sue?

Settlements, Releases, Confidentiality and Other Things You Need to Kow and Consider If You Settle Pre-Trial
This folder is for posts which address settlement tactics and strategies, and what you need to know about releases, confidentiality, and other settlement issues.

Offers of Judgment In FDCPA Litigation
Federal and State Rules of Procedure provide cost and sometimes attorney's fee shifting mechanisms for defendants to attempt to force plaintiffs/consumers to accept proposed settlements. This forum provides a source of information for how these rules may impact the litigation.

Alabama: Debt Collection Act

Alaska: Debt Collection Act

Arizona: Debt Collection Act

Arkansas: Debt Collection Act

California: Debt Collection Act

Colorado: Debt Collection Act

Connecticut: Debt Collection Act

Delaware: Debt Collection Act

Florida: Debt Collection Act

Georgia: Debt Collection Act

Hawai'i: Debt Collection Act

Idaho: Debt Collection Act

Illinois: Debt Collection Act

Indiana: Debt Collection Act

Iowa: Debt Collection Act

Kansas: Debt Collection Act

Kentucky: Debt Collection Act

Louisiana: State Debt Collection Act

Maine: Debt Collection Act

Maryland: Debt Collection Act

Massachusetts: Debt Collection Act

Michigan: Debt Collection Act

Minnesota: Debt Collection Act

Mississippi: Debt Collection Act

Missouri: Debt Collection Act

Montana: Debt Collection Act

Nebraska: Debt Collection Act

Nevada: Debt Collection Act

New Hampshire: Debt Collection Act

New Jersey: Debt Collection Act

New Mexico: Debt Collection Act

New York: Debt Collection Act

North Carolina: Debt Collection Act

North Dakota: Debt Collection Act

Ohio: Debt Collection Act

Oklahoma: Debt Collection Act

Oregon: Debt Collection Act

Pennsylvania: Debt Collection Act

Rhode Island: Debt Collection Act

South Carolina: Debt Collection Act

South Dakota: Debt Collection Act

Tennessee: Debt Collection Act

Texas: Debt Collection Act

Utah: Debt Collection Act

Vermont: Debt Collection Act

Viriginia Debt Collection Act

Washington: Debt Collection Act

West Virginia: Debt Collection Act

Wisconsin: Debt Collection Act

Wyoming: Debt Collection Act

Account Solutions Group

Alegis/Sherman Acquisitions/Performance

Allied Interstate f/k/a Coldata
This folder examines issues and matters specific to Allied Interstate f/k/a Coldata and its collectors and debt collection issues and cases involving Allied Interstate f/k/a Coldata.

Allen, Lewis & Associates

Alliance One

Allstate Financial/Allstate Adjustment

Aman Collection Service

American Acceptance a/k/a National Acceptance

American Coradius

American Legal Recovery

Ameriquest Recovery Services

AMO Recoveries

Ariel Financial Services

Arrow Financial Services

Asta Funding a/k/a Palisades Collections

Asset Acceptance Corp.

Atlantic Credit & Finance

Attention, LLC

Apex Financial A/K/A Hilco Receivables

Barnes, Curtis a/k/a Calfin a/k/a Con-America

Barnford, Thomas a/k/a Elder, Timothy a/k/a Con-America a/k/a CACV/CACH

Baumann Law Firm

Bay Area Credit Services

Bennett & Deloney
This folder examines issues and matters specific to Bennett & Deloney and its collectors and debt collection issues and cases involving Bennett & Deloney.

Boivin, Lawrence Law Firm

Booska, Steven Law Offices

Boyajian Law Offices

Bronson & Migliaccio

Buffaloe & Associates

Burgess, Douglas Law Offices

Burak, Donald Law offices

Bureaus Inc.

Burke, Edward T. & Associates

BOSS: Business Office Systems and Solutions

California Financial Credit Association

Cambece, James

Capital Corporation AKA Capital Collections

Capital Management Services

Capital One Bank and its Sister Entities [including Westmoreland Agency]
This folder examines issues and matters specific to Capital One Bank and its affiliated entities and debt collection issues and cases involving Capital One and its affiliated entities.

Cavalry Portfolio Services

Client Services, Inc.

Cohen & Slamowitz a/k/a Gemini Recoveries

Collect America a/k/a CACV a/k/a CACH

CMKS Holdings, LLC a/k/a Stouwie & Mayo, PLLC

Coldata Collection Agency

Collect Corp.

Collectech Systems

Collins Law Office

Colonial Credit Corp.

Colorado Capital Investments

Commonwealth Financial Systems

Consumer Recovery Associates

Continental Credit

Collecto, Inc., d/b/a Collection Company of America

Continental Fairways

Convergys

CPS Investigations

Credit Collection Service

Credit One, LLC

Credit Store [The Credit Store]

Credit Systems International

Creditors Financial Group

Creditors Interchange Receivable Management, LLC

Capital Recovery Service [CRS]

C. Water Recovery

Credit Bureau of the South

Credit Collections, Inc.

Credigy Receivables

Cadle Co., Inc.

D.C. Credit Services a/k/a David Cohen

De Lage Landen Financial Services

Daniels & Norelli, P.C. a/k/a Con America

DeFede, John A. Esq. [John Defede, Esq.]

DeJana, Richard Esq. [Richard DeJana, Esq.

Delta Group aka Joseph, Ortiz & Epstein, LLC

Dendy, Michael D. Esq.

DMG Consulting

Ebbets Partners

eCast Settlement

Elder, Timothy L. / Barnford, Thomas K.

Elite Recovery Services, Inc.

Ellis Crosby and Associates

Encore Receivable Management

Endeavor Financial Partners, LLC

ER Solutions

Eskanos & Adler, PC

Estate Recoveries

Evans Law Offices

ED Fund

Financial Credit Services

FBCS Federal Bond & Collection Service

Federal Credit Corp.

Federal Credit Recovery/FCR Offices

First Revenue Assurance

French, WC (Bill), Law Offices of

First Nationwide Resource Group

Federal Adjustment Bureau

Go-More Financial, Inc.

GC Services

Gemini Recoveries, Inc.

Giove Law Office, P.C.

Global Acceptance Credit Company (GACC)

Global Asset Investigation Services, LLC

General Revenue Corp.

Goggins & Lavintman, PA

Gulf State Credit

Great Seneca Financial Corp.

Greenberg, Grant & Richards, Inc.

Hanna, Frederick J. & Assoc.

Harker, John W. [CACV]

Harrison Ross Byck, Esq.

Harry Cohn and Scott M. Miller

Hosto and Buchan

Household Recovery Services Corp.

Hudson & Keyse, LLC

Hull & Associates, P.C.

Integrity Resolution Group, LLC

International Portfolio Management

Javitch, Block & Rathbone L.L.P.

Joseph, Ortiz & Epstein, LLC a/k/a Delta Group

Kay, Mitchell N., P.C. [Law Offices]

Kravitz, Schnitzer, Sloane, Johnson & Eberhardy, CHTD

Lenahan Law Offices
This folder examines issues and matters specific to Lenahan Law Offices and its collectors and debt collection issues and cases involving Lenahan Law Offices.

Lang, Richert & Patch

LDG Financial Services II, LLC

Leasecomm Corporation

Legal Recovery Services, Inc.

LHR, Inc.

Love, Beal & Nixon, PC

Lowery, Scott P., P.C. a/k/a CACH, LLC

LTD Financial Services, L.P.

LVNV Funding, LLC

Magnus Services, Inc.

Mann-Bracken, LLC

Marauder Corporation

McKelvey Law Office

Meadows Law Office - Sheree Meadows

Mel S. Harris & Associates

Merchant's Credit Guide Co.

Messerli & Kramer

Midland Credit Management, Inc.

Mims, Jerry M., Lawyer

Moore, Gerald E. & Associates

MRS Associates, Inc.

Myers & Porter, Attorneys

NCO Financial

National Action Financial Services, Inc.

National Acceptance

National Asset Management

National Asset Services Co.

National Attorney's Network

National Credit Adjusters

National Enterprise Systems

National Financial Systems

National Revenue Corporation

Nationwide Capital Recovery

Nationwide Credit, Inc.

Neuheisel Law Firm, PC

New Horizon Credit, Inc.

New Vision Financial

North Shore Agency

North Star Capital Acquisitions, LLC

Northeast Credit & Collections

Omnia Credit Services

O'Neill Management, Inc. Investigators

Ozark Capital Corporation

OSI/Outsourcing Solutions

Performance Capital Management

Pacific Coast Collections (Alliance One)

Palisades Collections, LLC

Penn Credit Corporation

Phillips & Burns, LLC

Phillips & Cohen Associates, Ltd.

Pinnacle Asset & Capital Management Grp, LLC

Plaza Associates

Portfolio Exchange

Portfolio Management of Amherst, LLC.

Portfolio Recovery Associates, LLC

Preferred Platinum Plan

Prime Asset Recovery, Inc. / www.giovelawofficeexposed.com

Pro Collect, Inc.

Quadrant Group LLC - The Recycle Shop

Ranieri, Christopher, Law Office of

RCS Centre Corp.

Redline Recovery Services, LLC

Regent & Associates, P.C.

Resurgent Capital Services / Sherman Acquisitions

Reynolds, Jacobson & Sloane, Attorneys

Riddle [Jessie Riddle] & Associates

Risk Management Alternatives (RMA)

RJM Acquisitions, LLC

Roach, Larry, Law Offices of

Rosenthal & Colby, Inc.

Sherman Acquisitions

Sagres Company, (the)

Scherr, Harold E. , Attorney / Con-America

Schreiber and Associates, PC.

Shekinah, Inc.

Sherman Financial Group/Alegis (SDB)

Specified Credit Association

Stanley Weinberg & Associates

Steinbrenner, Carl A.

Stevens & James Debt Collectors

Sky Recovery Services

Tabula Rasa, Inc.

Taylor, Jay A., PC [Jay A. Taylor, Esq.]

Titan Recovery Group

Transcontinental Adjustment Corp.

Trauner Cohen & Thomas f/k/a Trauner King & Cohen

Triadvantage Credit Services

Unifund Group Corp. a/k/a Unifund CCR Partners, LLC

United Creditors

United Legal Corp.

United Recovery System

US Audit Control

Van Ru Credit Corp.

Varde

Vasques, Luis, Attorney [Luis E. Vasques, Esq.]

Wexler & Wexler, PA
This folder examines issues and matters specific to Wexler & Wexler, PA, and its collectors and debt collection issues and cases involving Wexler & Wexler, PA.

Wolpoff & Abramson, LLP

Weltman, Weinberg & Reis

Wendt Law Offices

West Asset Management

Westmoreland Agency [Capital One Bank]

Winn and Sims, PC

Wolf, Jack, PA [Jack Wolf, Esq.]

Wolpoff & Abramson, LLP

Wolter, Warren H, Attorney [Warren H. Wolter, Esq.]

Worldwide Asset Purchasing, LLC