This Debt Collection Defense Blog gives a brief overview of current legal forms articles, updates, and news to help you navigate the court system and defend your legal rights against unscrupulous debt collectors.
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Federal Appeals Court Rejects Midland Funding's Claim That It Is Exempt From State Usury Laws, Allows Consumer Class Action Case To Proceed
By: Marc A. Rapaport, Esq.
January 29, 2017
In the case Madden v. Midland Funding, LLC
, which has been pending for more than five years in United States District Court for the Southern District of New York, plaintiff Saliha Madden
has courageously challenged the unlawful debt collection practices of Midland Funding, one of the largest and most unscrupulous buyers of consumer debt in the United States. Because so many Americans have been devastated both emotionally and financially by Midland's violations of the law, we are taking this opportunity to describe how one consumer has courageously fought back. You can read a copy of Ms. Madden's federal court complaint against Midland Funding here.
Information on how to respond properly to someone suing you for debt collection in state court
April 01, 2016
You will find that answering a debt collection complaint in state court is a far less complicated and a much faster process than you may have otherwise suspected, especially if you have a sample answer form to consult as a template for your own answer form. Please keep in mind that the type of answer form described below only applies to a specific type of debt: unsecured debt, which involves creditors such as credit card companies, medical providers, and service providers. The first thing that you need to know is that there is an entire industry based around debt collection and debt buying - we're talking corporate revenues over $2.4 billion a year. One of the reasons why debt collection is so lucrative is because most debtors don't respond to the complaints that they receive. This is a huge mistake because if you respond to a complaint and put up some form of resistance, many times the debt collection company will just walk away because there are easier targets to be had that won't respond. Ideally, a debt collector is looking for something called a default judgment, which means the judge rules against you because you didn't show up to prove your side of the story...
FDCPA Claims Against Attorneys
March 17, 2016
The Fair Debt Collection Practices Act (FDCPA) is a Federal statute enacted by Congress in 1996 to protect consumers against abusive and deceptive practices by debt collectors. The FDCPA is a powerful law that enables consumers to obtain monetary damages against debt collectors who lie, are verbally abusive, or engage in other unscrupulous tactics. Today, it is commonplace for consumers to file claims for damages under the FDCPA against lawyers who represent collection companies...
Time-Barred Debt Collection Complaint Violates the FDCPA: Illinois Appellate Court Weighs In
March 16, 2016
In its March 4, 2016 decision in HBLC, Inc. v. Egan, the Appellate Court of Illinois, First District, reinstated the debtor's counterclaim against the debt-collector and its law firm for knowingly filing a debt collection lawsuit to collect a debt after the five-year statute of limitations on the debt had already expired. In so holding, the Illinois court joined the 7th and 11th Circuits and District Courts in Indiana and California in holding that under the Fair Debt Collection Practices Act (FDCPA), it is unlawful for debt collectors to knowingly bring invalid debt collection lawsuits ...
This blog is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law. It is not intended to provide specific legal advice to your individual circumstances.