Federal Appeals Court Upholds Finding that Midland Funding Violated the FDCPA

Four years after the default, the consumer was still living in Pennsylvania.  She had not been sued in a collection lawsuit.  Pennsylvania generally has a 4-year statute of limitation for breaches of contracts including the kind of credit the consumer obtained from Gateway.  On that basis, the consumer could not be sued in Pennsylvania thereafter because... Read More... Federal Appeals Court Upholds Finding that Midland Funding Violated the FDCPA

Consumer Wins Spectacular Victory Against Debt Collector Stock & Grimes

The FDCPA protects consumers against time-barred collection lawsuits because courts have interpreted the FDCPA’s fairness requirements to prohibit collection lawsuits on stale debt. When debt collectors like Stock & Grimes file time-barred collection lawsuits against consumers... Read More... Consumer Wins Spectacular Victory Against Debt Collector Stock & Grimes

Removing Inaccurate Information from Your Credit Reports

Though the FCRA provides powerful remedies to keep your credit reports accurate, your rights are not self-enforcing.  If your one or two written disputes were ineffective in clearing up your credit reports, it’s time to consult with a Consumer Rights Attorney. The credit reporting agencies are notorious for mishandling written disputes, ignoring them, or verifying plainly-wrong information without any explanation.  At those times... Read More... Removing Inaccurate Information from Your Credit Reports

Repairing the Damages Caused by Identity Theft

We have experience in removing improper negative credit data appearing on credit reports as a result of identity theft.  We even have experience defending identity theft victims who are actually sued and brought to trial.  We have forced credit reporting agencies to correct inaccurate credit reports and asserted and enforced the protections offered to identity theft victims under the FCRA.  Many of our professional legal services can be offered without up front payment of attorney’s fees or costs because... Read More... Repairing the Damages Caused by Identity Theft

Consumer Complaints Against Debt Collectors at All-Time High

If you are being subjected to abusive debt collection tactics, contact a consumer rights attorney. It is illegal for collectors to harass, intimidate, or be unfair to you. Often a simple letter from an attorney will cause an aggressive collector to back off, but you may also be eligible to sue for damages if a debt collector’s attempts at debt collection are especially egregious. A consumer rights attorney experienced in protecting you from the abuse of debt collectors can... Read More... Consumer Complaints against Debt Collectors at All-Time High

What Are the Differences Between Chapter 7 and Chapter 13 Bankruptcy?

Both forms of bankruptcy can be filed by individuals, and they will both have a negative impact on future ability to obtain credit; however, there are some key differences to be aware. The main differences are the control of property and assets and the length of time for court involvement. Under Chapter 7 Bankruptcy, individuals give up their rights to excess property and assets and can get out of bankruptcy quickly. In a Chapter 13 Bankruptcy filing, the individual will generally get to keep control of his or her property, but be under court supervision for a longer period of time. Additionally, in Chapter 13, the individual will work with the court to propose an affordable repayment plans in which to pay debts over time. The quicker and decisive fashion of Chapter 7, sometimes called... Read More... What Are the Differences Between Chapter 7 and Chapter 13 Bankruptcy?

CACH LLC Buys Millions in Uncollectable Credit Card Debts

If you are being pressured by CACH LLC to repay an alleged Bank of America credit card debt, you should contact a consumer rights attorney right away. Not only could your consumer rights attorney explore the inability of CACH LLC to prove the junk debt, there may be other defenses you are not aware. A junk credit card debt will have a complex statute of limitations apply that may exonerate you from having to repay regardless of CACH LLC’s “proof.” Also, if you have discharged the debt CACH LLC allegedly bought from Bank of America, it is actually illegal for CACH LLC to knowingly attempt to collect that debt. In other instances, CACH LLC may not be even able to prove... Read More... CACH LLC Buys Millions in Uncollectable Credit Card Debts

Types of Debt That Can and Cannot Be Discharged in Chapter 7 Bankruptcy

 The filing of a Chapter 7 Bankruptcy is a very important decision.  It requires an analysis of what types of debt you have, when you incurred them, and when you should file a Chapter 7 Bankruptcy petition.  Despite the roadblocks and other hurdles Congress put in front of struggling Americans, qualifying for Chapter 7 Bankruptcy can be an extraordinary... Read More... Types of Debt That Can and Cannot Be Discharged in Chapter 7 Bankruptcy

What is the Chapter 13 Repayment Plan?

Chapter 13 allows petitioners to keep certain property as long as they are making payments. Under this type of Repayment Plan, the bankruptcy petitioner must... Read More... What is the Chapter 13 Repayment Plan?

What is the Chapter 7 Bankruptcy Means Test, and How is the Test Applied?

If your monthly income is less than your state’s median income, eligibility for Chapter 7 can be established and no further calculations are generally... Read More... What is the Chapter 7 Bankruptcy Means Test, and How is the Test Applied?