A cease and desist letter tells a collection agency to never contact you about your debt again. You’ve probably read that this is a powerful tool to get debt collectors off your back. Is it the best thing to do? Little do people know that by sending the collection agency a cease and desist letter, […]
The invalid witness affirmative defense primarily applies to cases involving 3rd party card debt lawsuits. Occasionally, an attorney for collection agency or junk debt buyer will use himself/herself to answer interrogatories, or act is if he or she has personal knowledge of the account in question. In order for this to be true, the attorney […]
This year came with many big surprises. But one that really shook up the banking sector and the credit card industry was one where one of the biggest giant financial corporations in the world was sued for the use of discredited methods for credit card debt collection from its customers. On July 8, 2015 according […]
Our site’s primary focus is to assist people with winning their lawsuits against junk debt buyers and aggressive credit card companies. What if you already lost? We have been asked what types of income are protected from credit card debt judgments. These are general exemptions that apply to many states. Every case is different. We […]
Below is the full text of the Fair Debt Collection Practices Act as stated on Federal Trade Commission website. As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996) To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors. Be it enacted by the Senate and House of Representatives […]
Last week, the New York City Council passed legislation that would require debt purchasers to register and operate under the same rules as collection agencies, regardless of whether they actually engaged in debt collection activity. In a session last Wednesday that also saw the Council create a “bed bugs task force” to keep the city’s […]
Have you been served by a junk debt buyer or collection agency? It’s unwise for you to settle with them or simply ignore the summons so they come after you legally with a judgment, not to mention destroy your credit for the next 10 years! You need to answer the summons before they get a […]
I just thought I’d tell you what happened at the Motion for Judgment on the pleadings hearing: It was at 1pm and took about 45 minutes. The bailiff called me in and the plaintiff didn’t show up. ALL RISE The judge came in and stated that he had the Motion in front of him and […]
Did you know that every single collection agency that sues a consumer is looking for a default judgment? When I was sued, I looked up the collection agency and saw literally hundreds of cases filed and about 98% of them ended up in a default judgment. People who have old credit card debt need to […]
If you answered your Complaint and admitted to any of the counts against you, then the plaintiff most likely filed for summary judgment. It basically goes like this: They say you did various things.” “You answered and admitted that you did some or all of those things.” They then file for summary judgment based on […]