Debt Recovery & Debt Collection Law Blogs

Legal blogs regarding debt recovery and debt collection, published by debt recovery lawyers in the UK, US and across the world.

Credit Card Mistakes that can Cause You Problems

by edralyn December 8, 2013 Banking and Finance Law

Whether you’re getting one for the first time or already learning how to manage debt, credit cards can be extremely complicated. If the recession has taught Americans anything, it’s that credit companies, banks, and even department stores are not their friends, and most cards are designed to gouge you for annual fees, interest, late fees, […]

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Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

by Adam J Krohn November 28, 2013 Banking

The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer.  Under the FDCPA, 15 USC Section 1692d, debt collectors cannot engage in conduct that is meant to harass, oppress, or abuse a person when attempting to collect a debt.  More specifically, […]

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The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

by Adam J Krohn November 14, 2013 BigLaw

Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them.  They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help them prepare the new rules.  […]

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‘THROWING GOOD MONEY AFTER BAD’ – CONSIDERATIONS IN SELECTING YOUR FRAUD LAWYER

by icpc November 12, 2013 Debt Recovery

Much has been written recently in legal publications of the spiralling cost of civil litigation – for example, reference “Skin in the Game” published in the 2013 issue of Canadian Lawyer InHouse by Jennifer Brown. This article discusses various litigation funding issues including the reasons why the traditional fee based litigation at national law firms […]

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Debt of a Loved One After Death

by Adam J Krohn November 3, 2013 BigLaw

When a loved one dies it can be difficult to cope, not only with the death but also with the added pressure of creditors who call to collect debts. You may question whether the debt collector can collect on the debt from family members. The answer to that question depends on several factors. Our experienced […]

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What Corporations Should Know About the FCC’s New Telemarketing Rules: Effective October 16, 2013

by Adam J Krohn October 24, 2013 BigLaw

Last year the Federal Communications Commission (FCC) adopted several very significant changes to the Telephone Consumer Protection Act (TCPA).  The changes to the regulations have become effective on October 16, 2013.  Two of the changes include: A requirement that written consent be obtained prior to a business placing a call; and The “established business relationship” […]

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Do you really need an attorney to file chapter 7 bankruptcy?

by William Foster October 4, 2013 Debt Recovery

Do you really need an attorney to file a chapter 7 bankruptcy? It is possible to file bankruptcy without an attorney. It is also possible to represent yourself in any legal matter without an attorney. The only obvious benefit to going it alone is the money you save in attorney’s fees. It is because many […]

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Pre-Settlement Funding: A Safety Net for Plaintiffs

by billnixon October 2, 2013 Debt Recovery

You’re expecting a big settlement from a lawsuit, but the money hasn’t come in yet. In fact, the case hasn’t even been settled, so you’re out of luck until you get the judgement from the court, right? Hold on. You don’t always have to wait for a settlement to spend the cash. Some companies will […]

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European Order for Payment Procedure

by David Lorenzo October 1, 2013 Business

EUROPEAN ORDER FOR PAYMENT PROCEDURE Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. The regulation, which will apply from 2008, establishes a European procedure for orders for payment. The procedure simplifies, speeds up and reduces the costs of litigation in cross-border cases […]

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Common Misconceptions of Bankruptcy

by RyanD August 29, 2013 Debt Recovery

If you find yourself in a difficult financial position the thought of declaring bankruptcy has probably crossed your mind a few times. It is important to meet with a bankruptcy lawyer to discuss your situation and the possible outcomes if you do file for bankruptcy. There are approximately 1.25 million Americans that declare bankruptcy each […]

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Keeping Telemarketing Calls at Bay: Experienced FDCPA Attorney Explains

by Adam J Krohn August 12, 2013 Blawging

Most people have received annoying messages from telemarketers.  Sometimes they are automated messages.  Other times it is an actual person who just will not take “no” for an answer.  This is why the National Do Not Call Registry was created.  The Federal Trade Commission (FTC) created the registry 10 years ago as a response to […]

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CCJ’s Explained – How to Avoid Years of Inconvenience

by pennyspennies August 9, 2013 Debt Recovery

Imagine you have been trying to obtain credit and failing because you did not respond adequately to a letter you received six years ago. Imagine all those years of frustration as your applications for phone contracts, credit cards and loans have been turned down, watching your dreams of owning a property come to nothing. This […]

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U.S. Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

by Adam J Krohn July 18, 2013 Blawging

(First published at  http://www.westopdebtcollectors.com/blog/us-consumer-bureau-plans-to-crackdown-on-abusive-debt-collectors.html) There are more than 4,500 collection firms in the United States.  While many debt collectors follow the rules laid out under the Fair Debt Collection Practices Act (FDCPA), there are others who do not because they did not fall under the FDCPA’s jurisdiction.  Debt collection complaints are common, with more complaints […]

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The U.S. Court of Appeals for the Second Circuit Rules that a Collection Letter with a Written Dispute Demand Violates the FDCPA

by Adam J Krohn July 17, 2013 Data Protection Law

A recent case, Hooks v. Forman, Holt, Eliades & Ravin, LLC, the U.S. Court of Appeals for the Second Circuit ruled that a collection letter violated the Fair Debt Collection Practices Act (“FDCPA”) because it stated that the debtor would only be able to dispute the debt in writing.  This ruling vacated the district court’s […]

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Telephone Calls that are Manually Dialed May Still Violate the TCPA

by Adam J Krohn July 4, 2013 BigLaw

(US Law) The Telephone Consumer Protection Act (“TCPA”) already regulates the use of auto dialers, used to initiate faxes, prerecorded voice messages, and SMS text messages. However, a recent federal court ruling out of the Western District of Wisconsin has expanded the TCPA’s reach. In the case Nelson v. Santander Consumer USA, this court found […]

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What Consumers Should Know About Credit Cards

by Adam J Krohn June 13, 2013 Banking

(US law and generally) Credit cards can be very useful if used correctly.  However, if they are not, they can get you into a world of trouble.  On average, an US household holds about $16,000 in credit card debt.  Due to the economy, more and more debt collectors have been retained by these credit card […]

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Proper Venue for FDCPA Actions: Where the Required Location of Your Case Must Be

by Adam J Krohn May 24, 2013 Accident Claims Law

When filing a lawsuit it is important that it be filed in the proper court. This pertains to any type of action, where it be a personal injury case, criminal matter, or even probating a will. Actions under the Fair Debt Collection Practices Act (“FDCPA”) are not any different. Proper venue is clearly stated under […]

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Is Debt Consolidation The Solution To Your Debt Problems?

by agorton February 6, 2013 Debt Recovery

Debt consolidation is widely advertised in the U.S. as the end all to debt problems. Debt consolidation, in layman’s terms, is taking out a big loan to pay off all of your incumbent debt. While this may in fact lower your payment month to month while only having to worry about making the one payment, […]

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Bankruptcy and Divorce

by cummingskelleylaw December 20, 2012 Debt Recovery

(US law and generally) The effect of a bankruptcy filing in the United States on debts owed to an ex-spouse pursuant to a divorce depends upon what chapter of bankruptcy a person files.  Generally speaking, individuals file bankruptcy under either Chapter 7 or Chapter 13 of the Bankruptcy Code.  These two chapters treat divorce debt […]

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Bad debtors have the right to be quiet?

by Lilly November 4, 2012 Banking and Finance Law

In this economy, times are tough for everyone. Job losses, wage cut-backs, work hour reductions, all combined with rising expenses make paying back debt harder than ever. If you find yourself unable to pay your loan, there are some steps you can take to avoid legal action. If you find yourself in a debt bind, […]

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Know your Rights and Defend Yourself From Abusive Debt Collectors

by Legal Author August 2, 2012 Debt Recovery

(US Law) Unpaid debts and bankruptcies have become more prevalent than ever in today’s difficult economy. With high unemployment, impossible mortgage and car payments and skyrocketing medical costs, financial survival for the average American seems more difficult each month. When faced with these problems, people have become desperate trying to find a better way to […]

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The U.S Believed To Be In A Depression: Debt Begets Debt?!

by Legal Author July 9, 2012 Debt Recovery

The following is a guest blog post regarding debt and the U.S. economy. It would appear that recently, the U.S Economy has slowly begun to turn around. There are many people who would believe in that statement, however, there are also many more who would not. Analysts have been arguing over whether the U.S economy […]

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Additional punishment for fine avoiders

by Ralli May 28, 2012 Debt Recovery

Tom Whitehead (Telegraph) reports today that “charges of at least £15 a time will be added to outstanding court fines for any offender who fails to pay up on time. ” Fines are usually imposed for a wide variety of minor offences and quite often are imposed on people who are in a position whereby […]

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Managing the finances of a law firm: Donns collapsed owing £2.4m to Co-op Bank

by Ralli May 22, 2012 Banking and Finance Law

Managing the finances of a law firm, especially in the current climate, is very demanding – but of course I would say that. However, what went so wrong here? A well respected firm in a fine city, operating in a buoyant market too. And financed by that most prudent of banks, Co-op. The clue is […]

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5 Reasons to Guest Blawg

by Legal Author September 13, 2011 Accident Claims

A key component of blogging, guest blogging is, as the term suggests, where a blogger writes as a guest on another blogger’s blog. While this may be obvious, it may not be apparent to some why guest blogging can be useful. Here are 5 reasons why you may wish to increase your own or your […]

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