Anyone who has had or is having financial trouble has experienced the nightmare of the collection companies. Many ignore the law (Fair Debt Collection Practices Act) by calling before 8:00 am or after 9:00 pm, plus numerous other acts done for the sole purpose of bullying the consumer.

Debt Collectors Cannot Yell, Curse or Threaten You

There are Rules Governing Debt Collectors Debtor collectors are not allowed to call you before 8 am or after 9 pm (your time zone, not the caller’s).  They cannot yell, swear, use crude language or threaten you in any way or do anything else that could be seen as harassment.  Nor can they threaten to […]

What is Debt Settlement?

Reprint from Consumer Affairs Desperate consumers enter into these agreements without fully understanding how they work. Generally, debt relief or debt settlement companies offer a service to debt-burdened consumers to intervene with creditors–in most cases credit card companies–and secure a lower payoff amount. Often, desperate consumers enter into these agreements without fully understanding how they […]

Freedom Debt Relief Sued for Violating Federal Law

By Mark Huffman, Reprint from Consumer Affairs (11/9/17)  The Consumer Financial Protection Bureau (CFPB) alleges the company charges consumers without settling their debts, requires them to negotiate their own settlements, provides misleading information about fees and services and does not inform consumers of their right to money they deposit.

Discharge vs Automatic Stay and Credit Reporting

The Automatic Stay v. the Bankruptcy Discharge The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code deal with debt differently and this difference can become confusing for everyone, including experienced bankruptcy attorneys.  For instance, the legal status of a debt changes as a bankruptcy moves to conclusion. 

Navient’s Latest Student Loan Scam

Misrepresenting the order in which the company would apply extra loan payments and failing to properly discharge federal student debt for borrowers with a total and permanent disability.

National Credit Adjusters, LLC (NCA) & Hochstein Guilty of Consumer Fraud

Company and Its Former CEO Engaged In Illegal Debt Collection Practices (Reprint from CFPB announcement 7/13/18) The Bureau of Consumer Financial Protection (Bureau) announced a settlement with National Credit Adjusters, LLC (NCA), a privately-held company headquartered in Hutchinson, Kansas, and its former CEO and part-owner, Bradley Hochstein. Frequent unlawful debt collection acts and practices that […]

Some Defenses to Private Student Loan Collections

There are two types of student loans – federal and private. Federal loans have some protections for the lenders that private student loans do not.  Every month lawsuits are filed by the thousands, many that are invalid, but if the borrower does not respond the court has no option but to award a judgment for […]

IRS Assigns Collection of Back Taxes to Outside Companies

The IRS indicates it will give taxpayers and their representative written notice that the accounts are being transferred to the private collection agencies. The agencies are to send a second, separate letter to the taxpayer and their representative confirming this transfer.

Bankruptcy of Seniors Increasing – A Good Option for Many

According to an article in Forbes, the 65+ demographic now makes up a higher percentage of bankruptcy filers than it did a decade ago. Filing for bankruptcy is seen by many seniors as a social stigma.  Some live in a nightmare where they are forced to choose between paying a credit card or buying food; […]

Beware Consumers No Longer Protected, Big Business Wins Again

Reuters reports that Richard Cordray, director of the Consumer Financial Protection Bureau, will step down at the end of the month.  Large companies (banks, auto finances, pay day loans and student loans, to name a very few) are ecstatic because this opens the door for Trump to nominate a CFPB head who will go easier […]