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
Higher Debt Levels in Texas May Lead to Improper Debt Collection
A recent study found that Texas has above average credit card debt and one of the highest levels of credit card delinquency: “The national average per capita was about $3,100, and Texas was just a little higher than that at $3,140 per capita credit card debt in 2017,” he says. However, Texas is a standout...Read More
When can debt collectors contact my family?
One of the strongest provisions under the Fair Debt Collection Practices Act is the prohibition against debt collectors contacting people other than the debtor. This is for good reason. When debt collectors inform friends of family of a debt and ask for them to relay a message to the debtor, it can create tremendous pressure...Read More
How do I correct being marked as deceased on my credit reports
Americans being marked as deceased on their Experian, Equifax, and TransUnion credit reports is one of the biggest complaints in the industry. This problem usually arises at the most inopportune time — like when a consumer is attempting to get financing for a home or car. This can cause the credit report to lock down...Read More
How long do I have to answer a creditor or debt collector lawsuit in Alabama?
Filing an answer with the Court after you have been served with a lawsuit by a creditor or debt collector is the first and one of the most important steps in protecting your rights. Creditors and debt collectors often file complaints with vague and general conclusions about what you owe. They are not required to...Read More
Incorrect Debt on Credit Report after Winning at Trial
Often times winning a lawsuit against an alleged creditor or debt collector that sued you doesn’t automatically mean the information comes off your Equifax, Experian, or TransUnion credit reports. In these cases, a formal dispute under the FCRA needs to be done. After that, if the incorrect information still remains, you may have a claim...Read More