debt collection

Cases Before the Court of Common Pleas

– Posted in: debt defense

What You Should Know About Being Sued in Pennsylvania There are three main ways to find yourself as a defendant in the Court of Common Pleas (“CCP”):  1) a case was appealed from a Magisterial District Justice (“MDJ”) to the CCP; 2) a plaintiff had to file the case in CCP because the amount of [...]

Cases Before a Magisterial District Justice

– Posted in: debt defense

What You Should Know About Being Sued in Pennsylvania Generally, if you are alleged to owe $12,000 or less (exclusive of interest and costs) you may be sued before a Magisterial District Justice (MDJ).  MDJs are elected judges that serve a local community and handle the early procedures in a criminal cases and civil lawsuits [...]

Asset Acceptance Pays Nearly 3 Cents Per Dollar to Control $2 Billion in Consumer Debt

– Posted in: consumer news

Asset Acceptance Capital Corp. (NASDAQ: AACC), the parent company of the increasingly familiar “Asset Acceptance, LLC,” is a publicly-traded junk debt buyer located in Warren, Michigan.  Through its predecessors, it has been in existence in one form or another since 1962.  Asset Acceptance is one of the few debt collection agencies where ownership can be [...]

Asset Acceptance Calls a Consumer a Fat Motherfucker While Trying to Collect Debt NJ Plaintiff Says

– Posted in: consumer case law

Asset Acceptance to be judged by a jury. Dopey Asset Acceptance, a debt collector, cannot hide behind procedure to exclude from evidence a voicemail that captured it accusing a consumer of being a “fat motherfucker.” A consumer filed a lawsuit in the federal court of New Jersey alleging that Asset Acceptance violated the Fair Debt [...]

In Introducing EDCAA, the Senate’s Funnyman Al Franken Sees No Humor in Debt Collection Abuses

– Posted in: consumer news
EDCAA Seeks to Amend the FDCPA

Sen. Al Franken (D-MN), a Saturday Night Live sketch comedian (think “Daily Affirmation with Stuart Smalley”), writer, actor, and author, recently introduced legislation in the U.S. Senate to tighten and modernize the nation’s Fair Debt Collection Practices Act (FDCPA).  The FDCPA attempts to regulate what and how debt collectors can attempt to collect consumers debts.  [...]

FDCPA Court Permits Consumer to Admit Into Evidence a Settlement Payment to End a Time-Barred Collection Suit Against Stock & Grimes

– Posted in: consumer case law

Hamid v. Stock & Grimes.  In this consumer protection matter, a Pennsylvania consumer sued Stock & Grimes, LLP, a debt collection law firm, under the Fair Debt Collection Practices Act (FDCPA).  She sued Stock & Grimes for having first sued her in a state-court debt collection action.  She defended against the collection action claiming that [...]

Junk Debt Buyer LVNV Funding LLC Busted to the Tune of $12.5 Million Dollars to Resolve Alleged Violations

– Posted in: fair debt
LVNV Funding Filed Tens of Thousands of Junk Debt Lawsuits without a License

LVNV Funding LLC is a junk debt buyer, aptly named, because its business model is built entirely around gambling.  The losers of its gambling, however, are flesh-and-blood consumers, not faceless casinos in Las Vegas, Nevada.  Junk debt buyers buy old, defaulted consumer debts for pennies on the dollar and then try to collect the full [...]

Consumer Bankruptcy Provides a Fresh Start

– Posted in: consumer bankruptcy

Tough economic times have caused millions of American consumers to experience extreme financial problems and out-of-control debt.  Consumer bankruptcy may be a viable solution for those consumers who just need a financial fresh start.  Consumer bankruptcy was designed to provide consumers who are overwhelmed with debt a way to reduce, eliminate, or reasonably pay back [...]

The FDCPA Provides Important Consumer Protections

– Posted in: fair debt

When consumers get in over their heads financially, they may become the victims of harassing phone calls from overzealous debt collection agencies.  These agencies often practice other unscrupulous tactics that are illegal.  The Fair Debt Collection Practices Act (FDCPA) was passed in 1978 to protect consumers from abusive and harassing behavior by debt collectors.  The [...]

Caveat Emptor: Beware of the Balance Transfer Scam

– Posted in: consumer news

As Americans struggle in this slow economy, debt collectors are finding creative ways of separating struggling debtors from their dollars.  One way is the use of so-called “balance transfer programs.”  Many debts are legally unenforceable due to the expiration of the statute of limitations. A legally unenforceable debt is less valuable to a debt collector [...]

New Jersey Debt Collector Drops $43,386 Suit at Trial

– Posted in: debt defense
Asset Acceptance Digs Deep for Junk Debts

First National Acceptance Co., LLC, (FNAC), a New Jersey debt collector represented by attorneys for Hayt, Hayt & Landau, LLC (HHL), suddenly dropped its $43,386.32 lawsuit over an alleged consumer debt at trial on the record in the Superior Court of New Jersey.  The lawsuit alleged that FNAC, a debt buyer of old defaulted consumer [...]

Debt Collectors Reported Most by Consumers, FTC Says

– Posted in: consumer news
FTC Sues Asset Acceptance for Stale Debt Deceptions

For the last known year, 2010 was the worst year for consumers dealing with debt collection agencies.  According to the Federal Trade Commission (FTC), complaints about debt collectors are up 25% since 2008.  There were about 104,000 complaints in 2008 and about 140,000 in 2010.  All the while, debt collectors are aggressively lobbying Congress to [...]

Debt Collectors Who Bilked Millions Sent to Prison

– Posted in: consumer news
Police - Man Jail

Two debt collectors were sentenced recently to 8 and 6-year prison terms for absconding with $2.7 million.  Darrian Summers and Stefan Miller both of the former debt collection agency, Maxwell, Turner & Associates, received their prison terms after being convicted of fraud conspiracy or money laundering.  The federal court ordered Miller and Summers to pay [...]

Sex as Payment Demanded by Debt Collector

– Posted in: consumer news
EDCAA Seeks to Amend the FDCPA

  When a woman can’t pay her bills, she should offer her body as payment demands a debt collector. ABC-24 of Memphis, Tennessee reports that a debt collector would accept sex in exchange for paying a consumer debt.  The victimized debtor, Mia Dodson, claims she has a telephone voicemail recorded by an employee of the [...]