Question: I recently found out that there is a judgment against me. They are attempting to garnish my wages. How do I fight this? A: There are basically four options if you want to fight a wage garnishment. 1. You…
Posts Tagged With: debt
California Debt Blog: FAQ: My debt has been “charged off.” Do I still owe the debt?
Question: My debt has been charged off on my credit report. I read that I do not owe the debt once it is charged off. Do I still owe the debt? A: YES. Is that clear enough? You still owe…
California Debt Blog: FAQ: What can a debt collector not do?
More from last week on what a debt collector cannot do. This is based on the federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Act (also called the Rosenthal FDCPA). You may have seen these tactics from…
California Debt Blog: Fair Debt Buying Practices Act to the Rescue
Debt collectors have been suing consumers for years with very little proof that the consumer owes any money. You have probably heard some of these names: Persolve, LLC, Asset Acceptance, CACH, FFIC, Midland Funding, Cavalry, etc…. In two recent cases…
California Debt Blog: FAQ: When can I be called?
Question: My phone rings nonstop with calls from a debt collector. Is this legal? Answer: NO! Debt collectors cannot call you at all hours of the day. I just looked at a phone log that a client had that showed…
California Debt Blog: FAQ: What is a validation letter and why should I send it?
Q: What is a validation letter and why should I send it? A: A validation letter is simply a letter to the debt collector telling them that you dispute the debt. It can be sent by either the consumer or…
California Debt Blog: Don’t send out a written “instrument”
There must be something in the air. I have had two calls this week for helping defending lawsuits based on the concept of “written instruments.” What does this mean? As I understand the latest theory, and it has changed some…
California Debt Blog: Keep track of your settlements
I have had two cases recently that have shown me a disturbing trend: debt collectors settling issues and then turning around and demanding more money! In one case, Erica Brachfeld, who also goes by Brachfeld Law Group, settled a case…
California Debt Blog: Talking to an attorney
I have written on the California Personal Injury and Insurance Blog about talking to an attorney after a car accident. But, it is also important to talk to an attorney if you are in debt or receiving calls or letters…
California Debt Blog: NCO gets sued by a burger chain
This is interesting. Whataburger, which by the way, has great burgers, has sued NCO Financial for debt collection violations. Why, you ask? Because NCO kept calling Whataburger and harassing its employees. From Chron.com: “Everyone hates harassing calls from unrelenting debt…