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Articles Posted in Creditor Harassment and FDCPA

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Has Someone Signed Your Name to a Debt?

What should you do if you are being harassed for a debt that you did not sign for?  Here are some ideas: If you acted as a power of attorney (POA) for another, the creditor is likely violating several consumer statutes for unlawfully collecting a debt against you.  We can…

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When do you Need an Attorney?

Can I do All This Myself or Do I Need an Attorney? Yes, dealing with your debt is something you can do yourself. But like anything, sometimes it is better to hire someone who does this day in and day out. Particularly if you have a lot of debt or…

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Least Sophisticated Debtor Test and Strict Liability Under the FDCPA

Consumer complaints in Florida have a few things going for them that can make them easy to prove. One of the things that benefits Florida consumers is our use of the “least sophisticated” debtor test. What does this actually mean? A person’s individual capacity to understand a collections letter is…

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Are You Being Contacted by a Debt Collector for an Old Debt?

When is it time to ignore calls versus doing something about them? If you are being harassed or threatened collection actions on old debt, there are many things to consider.  First, a legitimate collector is required to send you something in writing within five days of the initial contact under…

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How do Attorney’s Fees Work in Florida and When Does it Make Sense to Sue?

People are often confused about how attorney’s fees work – when do you have to pay your own, and when does the losing party have to pay?  This question is very important when you are faced with a decision of whether to “take someone to court”.  In the United States,…

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What Can’t a Debt Collector Do or Say?

Now that debt collectors are back and moratoriums are falling away, this is a good opportunity to remind Florida consumers about limitations that bind debt collectors.  Basically, things they may do or say that could get them into trouble, and give you recourse to sue or settle or more favorable…

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Debt Collection Limitations During COVID-19

I’ve written quite a bit recently about the Department of Education’s recent announcements to halt the accrual of interest and collections of certain federal loans.  Direct Loans and some FFEL loans are automatically being placed in forbearance until September 30, 2020. Importantly, these COVID-19 related protections do not apply to…

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Paycheck Protection Program (PPP) out of funds — Did Banks Do Everything They Could to Process These Loans on behalf of their Loyal and Long Term Customers?

Despite early applications and full financial documentation (sometimes submitted within hours of portals opening), some banks, who will remain nameless for now, dropped the ball and did not timely process PPP applications on behalf of scores of small businesses who had been loyal customers for years.  I am one of…

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Bank or Wages Garnished Unexpectedly?

My first consult this week was for a former client who just learned of a bank garnishment of his joint bank account with his wife from an old Cach final judgment that he thought was vacated and dismissed.  The entire account was frozen.  Plus his wife’s next check couldn’t be…

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