Yesterday, I had a consultation with a potential client. She had racked up about $50,000 in unsecured debt and could no longer pay her bills. Given her financial situation, I told her that I thought that bankruptcy was a good option for her, and I look forward to helping her through the bankruptcy process. But…Read more
Debt Collection – The Movie
Debt Collection Defenses That Do Not Work
Colorado law requires you to have a legal defense to a claimed debt. If you come to court with one of the defenses below, whoever is suing you is going to get judgment. I CAN’T PAY Whether or not you can repay your debt does not answer the question of whether a contract exists. If…Read more
How to Avoid Default Judgment – The Golden Rule
So, some nice guy has showed up and served you with a summons. Go ahead, take a look at it. Look carefully, there will be a date on there, which is either the date that you need to show up at court or the date by which you need to file an answer. What happens…Read more
What To Do When You Get Served By A Debt Collector
Boom! You’ve been served. The clock is ticking. What now? The summons will include the date by which you need to respond to the complaint. Depending on in which court the lawsuit has been filed in Colorado, county court or district court, you have a couple of options. You can find out which court the…Read more
How to Stop Harassment by Debt Collectors
The New York Times has an article on a lawsuit in New York against debt collectors who engage in fraudulent practices. They were doing all sorts of nasty things, like not actually serving lawsuits but asking for default judgment, which is apparently called “sewer service”. What happens is that the first time the debtor learns…Read more
What Is Debt Collector Harassment?
The federal Fair Debt Collection Practices Act is very clear as to what constitutes harassment: A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following…Read more
16 Things Debt Collectors Can’t Say
What The Fair Debt Collection Practices Act Prohibits You’ve heard the stories. Maybe you’ve gotten the phone calls. Debt collectors shouting, shaming, and belittling consumers. It’s bad enough that you find yourself behind on your debts. I am still not convinced that people enter into contracts with the intention of the screwing over the other…Read more