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Bank of America and American Express are first party debt collectors, meaning that if and when they file suit against you, they are the original lenders seeking to collect their own debts. Thus, these are often tougher cases to beat in court. However, before agreeing to settle or pay even a first party debt, there […]
We often get calls from folks who have been contacted by phone about “their account,” or perhaps “the balance that they owe,” or attempts to deliver a certified document or summons that implies that if no return call is made in 48 hours, they will be in legal trouble. These calls may be for something […]
After the date of charge off, American Express and Bank of America will usually file suit if collection efforts have failed to resolve the matter. Once these companies file suit, there are three very important steps to protect yourself as a consumer from suffering far more significant damage. FIRST: Immediately upon being served, consider hiring […]
Yes. Without question, there are defenses to these lawsuits. Unlike many other debt collectors who file thousands and thousands of lawsuits across the country, American Express is a first party debt collector. They are not a debt buyer and often file suits to collect upon their own accounts that have become delinquent. Just like with debt buyers, they retain counsel, such […]
U.S. Vows to Battle Abusive Debt Collectors – NYTimes.com. It’s about time for regulators to take more notice of these issues. Many debt collectors, and first party lenders, have engaged in fraudulent and abusive practices with little to no oversight or accountability. I am skeptical about what impact the Federal Trade Commission and other regulators […]
In the consumer work that I do, I repeatedly hear about abuses that people are subjected to by debt collectors without any respect for the rule of law and without any sense of common decency. I am frequently asked by clients, friends, colleagues, and others what are some of the ways that people can protect […]
A garnishment is a collection action that takes place once a party to a lawsuit has a judgment against a defendant. This means that there was already a case and it was already lost. People cannot be garnished just because someone says they owe money. It is only after there is a judgment that a […]
Debtor’s Prisons and “Attachment Bonds” In Georgia, you will not go to prison or be held criminally liable for owing money. This is true provided that the debt is not the result of some criminal scheme or owed as restitution for injuries or damages caused by a crime for which you are convicted. This means […]
Default Judgments A default judgment is what a plaintiff can get when a defendant is validly served with the lawsuit under the law, but fails to timely file an answer. An answer to the lawsuit must be filed within 30 days of service (there is one exception to this: when a lawsuit is filed and discovery is […]
Recently covered in the Daily Report, “Clinic helps public fight off debt collections“, the Consumer Education clinic on Debt Collection sponsored by the DeKalb Volunteer Lawyers Foundation has proven to be quite a success. Since March 2012, volunteer lawyers have held the debt collection clinic numerous times. The next clinic is scheduled for Tuesday, October 23, 2012 […]
