Archive for Debt Collector
What Do I Do About a Bogus Proof of Claim?
Possibly the most important issue to handle in a Chapter 13 bankruptcy case is how to handle proofs of claim.
A proof of claim is filed by a creditor after a Chapter 13 bankruptcy case is filed. Its essentially the way for a creditor to raise their hand and say, you owe me money, please pay [...]
The Collection Industry is Training Collectors to Violate the FDCPA
The front cover looks menacing enough, but what was inside was downright frightening… if you are a past due on a credit account.
Kenneth Besser wrote Collections 101: A Training Manual for Entry Level Debt Collectors.
The Fair Debt Collections Practice Act specifically makes harassing a debot a violation.
Section 806(5) says that harassing a debtor is causing [...]
What do I do When a Debt Collector Threatens to send me to the Legal Department?
A favorite tactic of debt collectors is to threaten to sue the debtor, but this can get them into trouble, especially if they have no intention of suing.
I contend that the debt collector threatens to sue you, and they are employee of the debt collection agency and not the creditor or the person who owns [...]
How to Handle a Credit Card Case in the Pennsylvania State District Court
It can be unnerving to defend a credit card debt case in front of the magistrate in the Pennsylvania district court system. In Pennsylvania, magistrates generally can hear matters up to $8000, so many credit card cases find their way into the Pennsylvania district court.
The first thing that you need to know about magistrates is [...]
Debt Settlement Companies Target Minorities?
I heard a debt settlement company’s advertisements a radio station in Allentown Pennsylvania.
Maybe you’ve heard it, it has something that sounds like gospel music playing in the background and the song has a lot to references to freedom. I’m not against freedom, but it’s clear that they were targeting a demographic, and that demographic is [...]
So Chapter 13 can save my house… but I shouldn’t do it?
The Lehigh Valley has been hit particularly bad during this mortgage foreclosure crisis. Consumers from Allentown, Bethlehem, Easton, and the surrounding cities and suburbs are finding themselves past due on mortgages that are significantly higher than what they could sell their home for.
It was doomed to happen. In 2005, houses routinely fetched $250,000 to $300,000 [...]
Fraud Alert: Lowering Interest Rate Phone Call
I got a curious call at the office Friday afternoon, and my curiousity probably saved someone thousands of dollars. I got a message that said “press one to lower your interest rate,” and I pressed it.
The call came in around 6:15 PM, and a man who claimed to be from Visa/Mastercard called saying [...]
Discover, the card that hits you back
Over the past few months there’s been an uptick in the number of credit card companies filing lawsuits in Court of Common Pleas and Magistrate courts in Pennsylvania against creditors have defaulted on credit cards.
Two of the highest rate filers are Discover Card and Capital One, with Discover Card probably outstripping Capital One at a [...]