Fair Debt Collection Practices Act Blog

Homeowner Sues Lawfirm For FDCPA Violation

Thu, 29 Mar 2012 07:47:01 -0500

The Eleventh Circuit Court of Appeals recently issued a new FDCPA opinion. The FDCPA (also known as The Federal Fair Debt Collection Practices Act) defines the paramater of what a third party debt collector can and cannot do when collecting a consumer debt. Based upon the 11th Circuit's opinion, it appears that there is one more thing that a debt collector cannot do.

The gist of this claim is that the the debt collector law firm improperly listed the debt as being owed to BAC Home Loan Servicing, LP as the creditor, when BAC was not the true creditor.

The Courts Don’t Like Debt Collection Harassment, Either!

Thu, 08 Mar 2012 08:07:38 -0500

As a result of the struggling economy, many Americans have fallen behind on one bill or another in the past several years. It’s particularly easy to get bogged down by credit card debt considering how readily available credit has become to most consumers. The economic downturn has not gone unnoticed by creditors, who have ramped up their collection efforts to collect every dime they can in a desperate attempt to keep their bottom line from tanking. As a result, we hear all kinds of crazy stories about creditors using underhanded tactics to collect on a debt. Some of the more outrageous debt collection stories include creditors threatening to have a debtor jailed for non-payment (which they can’t do), creditors threatening to report a financed vehicle as stolen (which is illegal), and creditors demanding debtors appear at fake court proceedings and tricking debtors into thinking they’ve had a money judgment entered against them (which is super illegal)! One Jacksonville collection agent went so far as to use a dating website to lure a debtor into a date that ended with the agent demanding the debtor pay her debts!

The Consumer Financial Protection Bureau Proposed New Rules(Draft Rules) To Regulate Credit Reporting Agencies With More Than $7 Million In Sales!

Fri, 02 Mar 2012 16:34:51 -0500

The scope of the draft rules brings Experian, Equifax, Trans Union and approximately twenty–five (25) other companies under the bureau’s review.

Offer of Judgment Is Not Allowed In Florida Consumer Collection Practices Act Cases

Fri, 02 Mar 2012 09:29:21 -0500

A recent Florida Court decision was like a big right hook from consumers into the jaw of the debt collectors. In an unfair debt collection case, a consumer sues a debt collector for harassment or some other unfair debt collection practice. The Plaintiff is the consumer, and the Defendant is the debt collector. Less than 5% of people being harassed by a debt collector every do anything about it.

Five (5) Things To Do If You Are Sued By A Debt Collector / For An Old Debt.

Tue, 07 Feb 2012 08:16:49 -0500

If you are being sued by a debt collector for an old debt, there are five things you need to do immediately.

First: Read the lawsuit; see who is suing you on this alleged debt. Don’t worry if you do not know who the Plaintiff is. It’s ok. The chances are very good that the Plaintiff who is suing you is not the same company that you may have incurred the debt with.

Do You Know Your Rights When It Comes To Creditor Harassment?

Mon, 06 Feb 2012 10:10:16 -0500

There’s no question that times are tough right now. Ever-increasing costs of living and disproportionate salaries have become the norm, and many Americans have no choice but to pay for everyday essentials with credit. Of course, creditors are entitled to repayment of any amounts extended to consumers, plus interest, and they are well within their rights to pursue collection of delinquent accounts – usually.
However, the law does not give creditors free rein to collect on debts in any way they see fit. The Florida Consumer Collection Practices Act, Florida Statute § 559.55 et. seq., describes certain things that creditors are absolutely not allowed do when attempting to collect on a debt owed to them. Many debtors just don’t know what creditors can and can’t do when trying to collect, and automatically assume that the creditor’s conduct is allowed by the law – after all, a creditor wouldn’t do anything illegal, right? Unfortunately, that’s not the case. It’s important for you to know your rights when it comes to collection activities, because many creditors aren’t playing by the rules, and they’re counting on debtors to be misinformed and thus easily intimidated.

Can A Debt Collector Collect On Zombie Debts Or Old Debts?

Fri, 23 Dec 2011 11:45:25 -0500

Debt Collectors often try to collect on Zombie Debts or really old debts that should have died a long time ago, yet, they somehow survive just like a zombie and keep on coming after you.

Please watch this video to learn how to deal with zombie debts.

Attorney Carmen Dellutri of the Dellutri Law Group, tells you exactly how to deal with Zombie Debt Collectors.

The Best Reasons To Defend Your Credit Card Lawsuit Part II

Sat, 25 Jun 2011 08:22:17 -0500

In Part I of this series, I tried to introduce you to the idea of defending your credit card or small claims lawsuit. Over the next couple of blogs, I will go into much more depth on the reasons you, as a consumer in the State of Florida, should seriously consider fighting the debt collectors in Court.

I don't know about where you live but I can only imagine that if the Courts here in Southwest Florida have been busy, so have yours. While I have no problem with Creditors filing lawsuits to enforce their contracts, I do have a substantial problem when either one of two things happens: First, when a debt collector files what I call a frivilous lawsuit; and Second, an individual does not protect themselves or they get steam-rolled because they did not investigate their defenses or did not know that they had defenses to these actions.

The Best Reasons To Defend Your Credit Card Lawsuit Part I

Mon, 20 Jun 2011 07:40:08 -0500

As a Consumer Bankruptcy Attorney, I meet with people all the time who are experiencing debt collection problems. One of the things that drives me crazy are the small lawsuits: credit cards, medical bills, etc that are brought by a debt collector five times removed. The reason they annoy me so much is because they prey on people's fears.

If people really knew the facts about these debt collectors and what they have to prove to win their cases, things in the small claims and civil courts would change.

What Happens If My Debt Is Sold To Another Debt Collector?

Tue, 10 May 2011 09:19:15 -0500

The law encourages assignment of contracts. When your debts are sold to a debt collector, you do not lose your legal rights.

What Should I Do If I Receive a Debt Collection Letter?

Wed, 23 Mar 2011 08:12:08 -0500

Attorneys Carmen Dellutri and David Fineman of the Dellutri Law Group, P.A. discuss what to do if you receive a letter from a Debt Collector.

Can A Debt Collector Call You If You Have An Attorney?

Mon, 21 Feb 2011 07:23:38 -0500

As a Consumer Protection Attorney, I get asked this question quite often, and the answer is always a qualified Yes and No. Let me explain: The first inquiry we have to make is who is the creditor and who is trying to collect the debt. Once, we determine who the creditor is: Let's say it's Visa Card. A typical unsecured creditor.

Then we have to determine who is attempting to collect the debt. Is Visa Card attempting to collect their own debt or did they hire out the debt collection process to a third party debt collector?

This is very important because if Visa Card is attempting to collect their own debts, then we are playing by one set of rules, and if they hired a third party debt collector to collect on the debt, we are playing by another set of rules.

IRS Amnesty Program And Thoughts On Income Taxes

Wed, 09 Feb 2011 10:09:08 -0500

This week the Internal Revenue Service announced that it is once again offering amnesty to delinquent tax payers. The IRS will allow individuals to pay penalties and avoid jail time. This initiative follows a similar one in 2009 that the IRS deemed to be a success. Of course, the Government has only completed review of 2000 of the reported 15,000 taxpayers cases. Isn't this typical.

The IRS states that an additional 3000 taxpayers came forward after the last amnesty program ended. I think this is great. However, if the IRS doesn't have the manpower to deal with these individuals, why do another amnesty program? Is the United States broke????

Open Account vs. Account Stated

Tue, 25 Jan 2011 07:34:11 -0500

When credit card companies sue for an amount owed, a consumer may see these two: Open Account or Account Stated and wonder what they are. Although there are several causes of action at a credit card companies disposal, the most prominent among those being breach of contract and damages, Open Account and Account Stated are usually included.

I want to focus on these two causes of action frequently relied on by credit card companies: Open Account and Account Stated because these are the most misunderstood by the consumer.

To properly bring a claim for Account Stated the Plaintiff must allege two elements: (1) that there was an agreement between the parties that a certain balance is correct and due, and (2) there existed an express or implicit promise to pay that balance. When this claim is used, there will often be a paragraph in the complaint alleging that the debtor made no objection to the amount due. Usually, we can object to this claim as consumers usually do object in some fashion.

Is A Short Sale Better Than A Foreclosure Part II?

Fri, 21 Jan 2011 15:00:27 -0500

In part one of this blog I discussed why a short sale is better than a foreclosure. What can one do to try to avoid having to experience this nightmare? Short Sale the property! A successful Short Sale can result in a win-win scenario for all parties involved. A Short Sale is an opportunity for the Mortgagor to try to prevent any version of the foreclosure nightmare while trying to actively mitigate the losses for all involved. A successful Short Sale handled by a Real Estate Attorney may result in the Bank or Lender releasing the lien of the Mortgage and also canceling (forgiving or writing off) the Promissory Note and providing a full release of their deficiency judgment rights. The best outcome of a Short Sale is the issuance of a 1099C which will be discussed in future blogs.