Learn more
about collection lawsuits and how to stop them from the following articles.
Not exact matches
The part of the message that I should have included and spoken more
about was that bankruptcy was a legal alternative to any debt relief approach and that bankruptcy would cease
collections, terminate
lawsuits, and forgive debt without tax implications.
California's attorney general filed a
lawsuit against the schools and its subsidiaries (Heald, Everest College, and WyoTech) in 2013 for a predatory scheme targeting low - income students, and the schools were accused of falsely advertising programs that didn't exist, misleading students
about their credits transferring to Cal State, and engaging in illegal debt
collection practices.
The
lawsuits come as the student loan industry finds itself under government scrutiny over complaints
about such things as paperwork errors and deceptive
collection tactics.
Student loans typically can't be erased in bankruptcy, but an attorney familiar with the credit laws in your state can advise you
about how vulnerable you might be to
lawsuits and other
collection actions.
The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations
about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued
collection efforts, including
lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the
collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.
The
lawsuit came
about when New York City decided to require manufacturers to offer free at - home pick - up for junked electronics, rather than requiring consumers to take their old devices to
collection points.
My potential client inquiries (for cases I can take) are probably
about 85 % involving a debt
collection lawsuit and
about 15 % involving harassment by a debt collector.
With most of those situations, I either learn
about something other than what the person was calling
about, or I am able to help them with issue 1 (debt
collection lawsuit) and they eventually end up with a situation involving a debt collector (potential debt
collection harassment).
About two - thirds of my practice is dedicated to consumer bankruptcy and the remaining third is devoted to representing defendants in debt - buyer
collection lawsuits.
Aside from questions
about whether a lawyer is permitted by the lawyers professional conduct rules repeatedly to send
collections letters regarding states where the lawyer is not licensed to practice law, such letters are harder to take seriously when the
collections lawyer is going to have to arrange for another lawyer barred in the particular state to file any
collections lawsuit.