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Debt Collection Archives

Automatic stay puts breaks on debt collection

For burdened debtors, abusive debt collection can be a nightmare. Or, if not a nightmare, then at least what wakes them up from a nightmare. Calling in the middle of the night is one of many abuses aggressive debt collectors engage in. Unfortunately, the law governing debt collection is outdated and does not address the many abuses debtors are now facing.

America's elderly are struggling with consequences of medical debt

We all age in different ways. One 85-year-old man runs marathons while another is wheelchair-bound due primarily to the inevitable aging of his body. But no matter how we age, it tends to be an unavoidable truth that we require more medical care as we advance significantly into our elderly years. It is of little surprise then that both the New York Times and Wall Street Journal have both recently published stories about how more elderly Americans than ever are grappling with unmanageable medical bills.

What happens when a debt is discharged?

People who are faced with overwhelming debt may be good candidates for Chapter 7 bankruptcy protection. Filing Chapter 7 bankruptcy is a way for a consumer to have most debts discharged, and emerge with a fresh financial start. Many Ohio consumers, however, might not understand exactly what it means to have debts discharged.

The intersection of debt and estate planning

When individuals age, their finances do not necessarily mature at the same rates as they do. As a result, it is certainly possible and increasingly common to reach the age of retirement and beyond while still wrestling with seemingly unmanageable debt. Frustratingly, if this debt is not dealt with in a constructive way, not only will those in debt be potentially plagued by creditor harassment but their loved ones could also be burdened with certain debts after the elderly debtors have passed on.

State takes on big credit in consumer protection showdown

When consumers are faced with harassment and other abuses committed by big banks, the law generally favors consumer protection but such protections can be difficult to enforce. One state has become frustrated enough on behalf of its citizens who are navigating a legally complex and often abusive web of credit card debt that it has said "enough." California is currently suing banking giant JPMorganChase for allegedly committing "debt collection abuses against tens of thousands of California consumers," according to the New York Times and state court records.

Class Action FDCPA Settlement Delivers Relief to Victims and Establishes Important Principles to Hold Debt Collectors Accountable

The U.S. District Court for the Southern District of Ohio granted preliminary approval to a class action settlement for unlawful debt collection practices by a law firm based in Lebanon, Ohio. The federal class action lawsuit alleges that the debt collector sued consumers in a county other than where they lived or signed the debt being sued on, which violates the "venue" or "distant forum" provisions of the Fair Debt Collection Practice Act and the Ohio Consumer Sales Practices Act.

Debt Collectors Dealt A Serious Blow: Asset Acceptance Accepts $2.5 Million Penalty

Asset Acceptance, a large debt buyer and collector, agreed to pay $2.5 million to settle a claim by the Federal Trade Commission. Read The Official Report  The FTC alleged that Asset Acceptance engaged in a variety of unlawful debt collection practices, including threatening to sue on debts that were so old that they were time barred by the applicable statutes of limitations. This practice is widespread and violates the FDCPA which prohibits threats of action that the debt collector does not intend to undertake, like suing on debt that is "out of statute." (Read More About the FDCPA Here)

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