Arizona Consumer Law Group
Consumer BlogMidland Funding Ordered to Pay Consumer After Two Year Court Battle
Two years ago Midland Funding sued a consumer here in Arizona and began what ended up being a two year court battle through both the Justice Court System and an appeal to the Maricopa County Superior Court. The end result was the court entering judgment in favor of...
The Ultimate Arizona Bankruptcy Guide – pt. 7 – The Path to a Chapter 7 Discharge
In most chapter 7 bankruptcy cases the activity in the case is front loaded. What I mean by that is prior to filing the bankruptcy case there is a lot of activity around pulling all of the necessary information and documentation together to prepare the bankruptcy...
Will I Qualify for Chapter 7 Bankruptcy?
Periodically the United States Trustee’s Office updates the income limits used to determine whether or not you qualify for a chapter 7 bankruptcy filing. Overwhelmingly people that file for bankruptcy file under chapter 7 of the Bankruptcy Code. Chapter 7 has...
Don’t Transfer Assets Prior to Filing Bankruptcy
One of the issues that can cause problems in your chapter 7 bankruptcy is the transferring of assets prior to the filing of your bankruptcy case. When you file for bankruptcy you are required to disclose to the bankruptcy court if you have transferred any assets out...
Midland Funding Loses at Trial – Can’t Prove Case
Recently we here at the Arizona Consumer Law Group represented a consumer who had been sued by junk debt buyer Midland Funding. Midland Funding filed a lawsuit against a consumer in the Maricopa County Superior Court alleging that it purchased a Barclays Bank credit...
The Ultimate Arizona Bankruptcy Guide – Pt. 6 – The Meeting of Creditors
After your bankruptcy case is filed with the Arizona bankruptcy court the clerk of the bankruptcy court will send out written notification of your bankruptcy to all of your creditors that were provided in the bankruptcy documents. This will not only let your creditors...
Don’t Ignore Your National Collegiate Student Loan Trust Lawsuit
National Collegiate Student Loan Trust files many lawsuits in Arizona each month. They are often filed in the superior court that deals with lawsuits where the amount in dispute is over $10,000. If you have been sued by National Collegiate Student Loan Trust your...
What Wells Fargo’s Fraud Scandal Means for Your Junk Debt Buyer Lawsuit
Earlier this week the CEO of Wells Fargo retired in the wake of its recent fraudulent account scandal. It was recently disclosed that for years Wells Fargo employees were secretly opening bank accounts, issuing credit cards, and signing customers up for online banking...
ITT Tech Closes It’s Doors – What it Means for You and Your Student Loans
ITT Technical Institute announced on Tuesday, September 6, 2016 their plans to shut down all of their remaining campuses. The decision comes as the U.S. Education Department announced the previous week they would no longer allow new students to use federal financial...
How You Can Settle Your Debts Using Marketing Tactics
When it comes to dealing with debt there are really three options: (1) pay them in full, (2) settle the debt for an amount less than the full amount, or (3) file for bankruptcy. If you can’t pay your debts in full and the idea of bankruptcy makes your stomach...
13 Pitfalls of Bankruptcy in Arizona
Bankruptcy is a powerful tool that can once and for all eliminate your debt problems. And while bankruptcy is a lot less painful than most imagine, there are certain pitfalls that can make the process a whole lot more complicated. In this post I am going to discuss...
How Long are Arizona Judgments Enforceable?
****Updated**** Arizona Legislature Recently Amended this Statute – Doubling the Time from Five to Ten Years Over 95% of the cases filed by junk debt buyers like Midland Funding, CACH, LLC, and Portfolio Recovery Associates end in a default judgment. These debt...
Midland Funding Continues to Flood Arizona Courts with Debt Collection Lawsuits
Midland Funding continues to flood Arizona courts with debt collection lawsuits filed against Arizona consumers. Last year I pulled the data in October 2015 as to the number of lawsuits filed by junk debt buyers like Midland Funding here in Maricopa County and the...
5 Reasons Why You Need a Lawyer in Your Arizona Debt Collection Lawsuit
Junk debt buyers like Midland Funding, Portfolio Recovery, Cavalry SPV, CACH, LLC, and Cortez Investment files thousands debt collection cases in Arizona courts every month. Most of these cases don’t end well. In fact, over 95% of debt collection lawsuits filed...
Sued by a Debt Collector? Don’t Ignore it!
The overwhelming majority of families that are sued by debt collectors either don’t get proper notice or simply ignore it. This isn’t the first (or even second) time I have written about this. Every now and again – usually after I have met with...
Stop Debt Collection Phone Calls for $99
In days past if a person couldn’t pay their bills debt collectors would send a few letters and make a few collection calls, but if payment wasn’t received within a certain time period the debt was often charged-off by the creditor and the consumer rarely...
2 Simple Ways to Stop Debt Collectors from Calling
With all the regulations governing debt collectors the telephone is still the quickest (and most annoying) way for a debt collector to try and get in touch with you. Even though debt collectors are clearly aware that most people now have cell phones and can easily...
John Oliver Exposes the Ugly Secrets of Debt Buyers
Today in my Facebook feed I was surprised to see John Oliver of “Last Week Tonight” do a segment on how debt buyers are hurting consumers across the country – and he even put the spotlight on Arizona as one of four states that are actually making it...
Damages for Arizona FDCPA Violations
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that sets the rules for debt collectors can do and say while trying to collect on a debt. While the FDCPA is a federal law, it protects people from the abusive tactics of debt collectors....
Car Repossession Turns Deadly
A recent car repossession in Utah turned deadly after a 35 year old mother of two attempted to flee from the repo man who in turn took chase after the woman. The Police report states that their vehicles reached speeds of 70 m.p.h. on a 35 m.p.h. road and that the...
CFPB Stops Law Firm & Debt Buyer from Filing Illegal Debt Collection Lawsuits
Recently the Consumer Financial Protection Bureau (CFPB) 1)The Consumer Financial Protection Bureau is a federal agency that protections consumers from unfair, deceptive, or abusive practices and takes action against companies that break the law entered an order to...
Sued by Razor Capital in Arizona? We Can Help.
Have you been sued by Razor Capital? Even though Razor Capital is not an Arizona debt buyer they do file a large number of lawsuits in Arizona courts. Razor’s business model is to purchase old charged-off credit cards, auto loans, student loans, cell phones,...
Sued by Cortez Investment Co.? We Can Help.
Have you been sued by Cortez Investment Co., LLC? If you live in Arizona and have fallen behind on a Citibank credit card there is a good chance you could get sued by Cortez Investment Co. through their lawyers at the Hameroff Law Group out of Tucson, Arizona. You may...
The Ultimate Arizona Bankruptcy Guide – Pt. 5 – The Automatic Stay
People don’t want to file for bankruptcy. Often the decision to file for bankruptcy only occurs after a point is reached where something financially painful is about to happen. Wage garnishment. Foreclosure. Debt collection lawsuits. All of these things make...
How Facebook Can Help You Eliminate a Default Judgment in Arizona
Every single day I meet with people in my law practice who come to me with a wage garnishment stemming from a judgment that, until now, they had no knowledge of. In order to garnish wages it is generally necessary to file a lawsuit against the person owing the money...
The Court Doesn’t Care
Did you have to stop paying your bills because you lost your job, got sick, go divorced? The court doesn’t care. Are you in debt because your business that you worked night and day at failed? The court simply does not care. It’s not that courts are made...
A Consumer’s Guide to Midland Funding Debt Collection Lawsuits (pt. 2) – Service of the Summons and Complaint
Even though Midland Funding is a debt collector, its business model really isn’t about calling you on the phone or sending you threatening letters – they sue people. And they do so in huge numbers. In 2008 Midland filed more than 450,000 debt collection...
Big Win for Consumers against Midland Funding in Arizona Court of Appeals
Recently I had the privilege of arguing a debt collection case on behalf of a client against Midland Funding. The case was heard by the Arizona Court of Appeals and had to deal with one of the big issues when it comes to junk debt buyer cases – whether Midland...
The Ultimate Arizona Bankruptcy Guide – Pt. 4 – Beginning the Court Process
In most consumer bankruptcy cases most of the heavy lifting when it comes to the work involved is done prior to the actual filing of your bankruptcy documents with the bankruptcy court. Now that everything is ready to it is time to plan out when you are going to file...
The Ultimate Arizona Bankruptcy Guide – Pt. 3 – Getting the Process Started
After a determination is made whether a chapter 7 bankruptcy or a chapter 13 bankruptcy would be better suited to solving your debt situation, it is time to get the ball rolling and start the process. You should be warned that bankruptcy – as with most things in...
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John Skiba, Esq.
We offer a free consultation to discuss your debt problem and help you put together a game plan to eliminate your debt once and for all. Give us a call at (480) 420-4028