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Debt collectors will routinely contact consumers at their place of employment in an effort to collect a debt. Debt collectors engage in this manner because they are aware that most consumers cannot take personal calls at work. Because debt collectors are aware of this, they will contact consumers at their place of employment, knowing that…

  Bankruptcy laws were meant to allow us the freedom to take risk, and yes, fail. Among new businesses, about 50% fail within the first five years, and about 70% fail within ten years. The key part, and where bankruptcy comes into play, is that we get up and try again. Oddly enough, this point…

I CAN MAKE THE CAR PAYMENTS OR I CAN MAKE THE REPAIR PAYMENTS, I CAN’T AFFORD BOTH! VOLUNTARY REPOSSESSION Often times the defects, which occur shortly after the purchase, can be very expensive to repair. If the dealership refuses to honor its warranty, the consumer must bear these expensive repair costs in order to keep…

  Having collectors come after you for a debt can be a traumatic experience. It’s embarrassing enough to receive calls from a debt collector and to have to tell them that you can’t pay for the debt. Imagine how mortifying it would be if the debt collector called a third party, such as a friend…

If you’re behind on your bills, you’ll probably get calls from debt collectors. Their job is to get you to pay or make arrangements to pay. But any debt collector who harasses or threatens you is breaking the law. The Federal Trade Commission’s cases against Credit Smart and Regional Adjustment Bureau highlight the facts of…

If a debt collector is calling you, they must disclose that they are a debt collector attempting to collect a debt   Are debt collectors contacting you at home? On your cell phone? At your place of employment? The FDCPA, a federally enacted statute created to protect consumers from harassing debt collectors, specifically mandates that…

Creditors, Collection Companies and the Credit Reporting Agencies (CRA) violate the Fair Debt Collection Practices Act in many ways.  A few common violations are furnishing and reporting inaccurate information, mixing up files, failing to follow debt dispute procedures or obtaining a credit report for impermissible purposes.   Furnishing and Reporting Old or Inaccurate Information CRAs…

How to File a Claim of Exemption   Receiving a notice of Garnishments from your employer or a letter from the bank regarding a lien can be a frightening thing. Whether you knew this was coming or not, there is action you can take.   First step is to calm down, and find some time…

Medical expenses, job loss, and divorce are the leading causes of bankruptcy. If you are in financial turmoil dealing with wage garnishments or bank levies, bankruptcy may be the right option for you. Our knowledgeable attorneys can debunk common bankruptcy myths and take the fear out of its process. Myth # 1: You will lose…

One of the primary (and highly illegal) tactics utilized by debt collectors when collecting upon debts is to contact consumers directly at their place of employment.  Debt collectors understand that consumers, in an effort to (1) not lose their job; and (2) get the debt collector to stop contacting them at work, will routinely pay…

TCPA Robo-Call Ever receive what is commonly termed a “robo-call” to your cellular telephone?  Likely you have.  More and more consumers are receiving unsolicited pre-recorded telephone calls placed to their cellular telephones.  These obnoxious calls have increased over the past few years as a direct result of the decrease in the cost to place such…

The Federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies.  Credit reporting agencies are federally mandated to report only accurate information regarding a consumer.  Additionally, consumer reporting agencies may not report outdated negative information. For example, a consumer reporting agency may not report…

In Maricopa County Justice Courts, over 5000 cases per month are being filed in an attempt to collect consumer debts. However, these judgments may be unenforceable on a married couple’s community property if the debt collectors do not include both spouses on the lawsuit and subsequent judgment.  A.R.S. sec. 25-215(D) requires that to hold a…

The federal district court for the Southern District of California issued a ruling regarding the TCPA on April 9th granting Plaintiff’s motion for preliminary approval of a class action settlement against Wells Fargo Bank, N.A.  Plaintiffs represented by Hyde & Swigart as well as the Kazerouni Law Group, APC were able to certify for settlement…