Texas Breach of the Peace Repossession
Lenders and repossession companies can only take a vehicle if they do so without causing a breach of the peace. This is a broad term that does not have a clear definition. This applies even if the car is in default and they have a right to take it. This law falls under Article 9 of...Read More
CFPB reports on debt collection complaints
The Consumer Financial Protection Bureau released its debt collection annual report and one statistic sticks out as especially troublesome. The report states, “In 2017, the Bureau handled approximately 84,500 debt collection complaints, making it one of the most prevalent topics of complaints about consumer financial products or services received by the Bureau.” Out of all the...Read More
NCLC Advice on Wage Garnishment and Bank Account Seizure
The National Consumer Law Center has published a new article advising consumers on wage garnishment and bank account seizures. This topic is especially important considering how third-party debt collectors often say or imply that they can take your money without the going through the judicial process. As the article points out, there are only two exceptions...Read More
What To Do When Another Person’s Information On Your Credit Report
A mixed filed is when credit information from one person in incorrectly placed in the credit file of another person. For instance, a person named John A. Smith living in Dallas, Texas may pull his credit report and see a debt collector reporting an eviction debt belonging to a “John Smith” living in Houston, Texas. ...Read More
Consumers Sue Equifax for Data Breach
Consumers are starting to sue Equifax in small claims court for the recent data breach: A librarian from Vermont took the credit-reporting agency to court shortly after the massive hack was disclosed. Jessamyn West, 49, filed suit in small claims court, arguing that the ordeal she went through from the recent death of her mother that...Read More
Fake Debt Collector Steals Nearly $50,000
When a debt buyer or debt collector sues a consumer, it must prove it owns the debt and the amount is correct. This makes sense because debt buyers are, essentially by definition, not a party to the original agreement. They rely on the evidence and testimony of others. Situations like this also happen: A Norfolk...Read More
Identification Requirements When Disputing Credit Report Errors
Disputing credit report errors starts when consumers find errors on their Experian, Equifax, and TransUnion (also known as credit reporting agencies or CRAs) credit reports. Then they must dispute the inaccurate information through the CRAs to have it reinvestigated and removed. The Fair Credit Reporting Act requires the CRAs to reinvestigate “if the completeness or accuracy...Read More
I have been sued for a claim under Account Stated, what does that mean?
Earlier this week, we discussed the statute limitations for account stated and other claims creditors and debt buyers use. Account stated is one of the odder claims and not commonly known or understood. In 1985, the Supreme Court of Alabama explained it in Univ. of S. Ala. v. Bracy, 466 So. 2d 148 (Ala. Civ. App....Read More
New In Depth Advice on Motor Vehicle Car Repossessions
The National Consumer Law Center has published a new in depth article on helping consumers prevent car repossessions and what to do in the event it happens. Some of the best advice is how to deal with the repoman when he comes to take the car. Repomen can often be intimidating and consumers are not adept...Read More
What are the debt statute of limitations in Texas and Alabama?
Alabama Statute of Limitations There are several different claims a creditor or debt buyer can bring in a consumer debt type lawsuit and they have their own statute of limitations. The specific claim will usually be expressly listed in the complaint. These claims and their relative statutes of limitations are (Code of Alabama Section 6-2-1,...Read More