Posts Tagged ‘debt collection’

Three Lawyers Restricted from Debt Collection

Thursday, March 11th, 2010

Three out-of-state lawyers, accused of using unfair tactics to collect debts in Colorado, have been banned from collecting debts for periods ranging from three years to life, the Colorado attorney general’s office said Tuesday.

Under a consent decree issued late Monday, lawyer Mar vin Brandon is permanently banned from collecting debts in Colorado; lawyer Jack H. Boyajian is banned from collecting debts in Colorado for five years, and lawyer Karen Nations is banned from collecting debts for three years in Colorado.

Original story from the Denver Post

Are you the Victim of Sewer Service?

Thursday, January 7th, 2010

It’s a decades-old practice known in legal circles as “sewer service”. This occurs when a debt collector fails to properly serve a notice of complaint (litigation) upon the defendant (debtor) and then files a false affidavit claiming the notice has been properly served. When the debtor doesn’t show up in court, the collector can then apply for, and almost always wins, a default judgment. This is a violation of the FDCPA and has become a staple practice for “reputable” and “not reputable” debt collectors alike. If you have been the victim of “sewer service”, contact us today for free representation and immediate relief from the debt collector.

See this story about a class action suit filed in New York regarding this problem: Suit Claims Fraud by New York Debt Collectors

Debt Collection Agencies Must Prove That Debt Exists

Wednesday, October 28th, 2009

Consumer credit laws are being created in many states that will force debt collection agencies to prove that the debt they purchased for pennies on the dollar exists and the consumer legitimately owes the money. North Carolina recently passed a law this month that requires debt buyers who file a lawsuit to provide documentation proving that they own the debt. In Indiana, there is the Indiana Deceptive Consumer Sales Act prohibits debt collectors from intentionally overstating the amount of the debt they are trying to recover.

National consumer credit laws such as the Fair Debt Collection Practices Act already prohibit collection agencies from harassing, deceptive or unfair practices such as telling neighbors or relatives about what is owed, or calling before 8 a.m. or late at night.

Since the recession started, at least a half-dozen states have adopted additional limits, like imposing statutes of limitations on collections and adding opportunities to punish abusive practices in court. Other states may soon follow suit.

Read the full story here: States adding limits, forcing agencies to prove debt exists.

Debt Collection Empire Upends Credit-Card Disputes

Thursday, October 15th, 2009

New York Financier J. Michael Cline had built a complex, billion dollar empire in the debt collection business, handling both sides of arbitration disputes for debt collectors through Minneapolis based NAF (National Arbitration Forum) and Axiant, LLC, a firm he acquired that handles debt collection.

In a July complaint, the Minnesota attorney general’s office alleged NAF deceived consumers and engaged in false advertising. Consumers didn’t realize NAF was financially affiliated with “one of the country’s major debt collection enterprises,” the complaint alleged. Accretive created Axiant in tandem with employees of Mann Bracken, a debt collector that represented credit-card companies in NAF arbitrations, the complaint alleged. At the same time, Accretive funds and NAF Inc. jointly own the back-office entity for NAF, called Forthright.

For more than a decade, most credit-card companies have required customers to use arbitration, rather than the courts, to resolve disputes over unpaid bills. Minneapolis-based NAF has mediated the vast majority of these claims. But both NAF and another arbitrator have stopped hearing arbitrations of consumer-debt cases, and major banks are dropping arbitration requirements.

Read the full story here.

Law Firm’s Debt Collection Review Violated Federal Act

Wednesday, October 14th, 2009

A New York judge has determined that a law firm violated the Federal Debt Collections Practices Act (FDCPA) after it mass produced collection letters and litigation documents from it’s computer system without a thorough review of the alleged debt.

The law firm sued Arthur Miller over an alleged debt that they purchased from a previous Lord & Taylor’s account after he failed to respond to a collection letter, but there was never a meaningful review of the alleged debt.

The decision “digs a grave for attorneys” who send letters and then file suit on behalf of debt buyers with “no information, no documents, and no meaningful attorney review,” said Brian L. Bromberg of the Bromberg Law Office, who has represented Miller for the past eight years.

Read the full story here.