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Post-Discharge Debt Collection Activities
Many debtors who file for bankruptcy and obtain a discharge still receive collection letters or calls from creditors. This is a clear violation of the FDCPA. It is anticipated that most debt...
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Can you sue for mistakes in collection letters?
The plaintiff debtor in Jerman sued a law firm and an attorney for FDCPA violations, committed while they were acting as debt collectors. The FDCPA has a notice provision that requires debt collectors...
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Plaintiff sues surety and law firm over bond forfeiture that was set aside
Plaintiff paid a bail bondsman a premium for a bond to bail her son out of jail. At the time she obtained the bond, she signed papers which had the legal effect of holding her responsible for the full...
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Plaintiff Accused by Court of Intentionally Defaulting on Debts to Create...
The Fair Debt Collection Practice Act (FDCPA), enacted in 1977, aimed to “eliminate abusive debt collection practices.” Among many other reforms, the FDCPA prohibits harassing or oppressive conduct on...
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Claim for $50 in attorney’s fees violates FDCPA (in Ohio)
Consumer, Mary, Moxley, entered into a consumer loan agreement with Cash Stop in order to borrow $279.96. The loan Agreement contained an attorney fee shifting provision. The provision purported to...
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What is a “false, misleading and deceptive” communication under the Fair Debt...
The Fair Debt Collection Practice Act (FDCPA) was enacted to “eliminate abusive debt collection practices.” Among the abusive tactics that the FDCPA sought to eliminate was the proscription of...
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