Arizona Consumer Law Group
Consumer Blog
A Consumer’s Guide to Midland Funding Debt Collection Lawsuits – Chapter 1 Who is Midland Funding?
Each and every year there are hundreds of thousands of lawsuits filed across the country by companies known as “junk debt buyers“. Despite the huge volume of lawsuits there are relatively few lawyers who handle these types of cases and even fewer who have...
What “Making a Murderer” Should Teach You About Your Debt Collection Lawsuit
This weekend I finally gave in and started watching the series on Netflix “Making a Murderer”. If you were like me and haven’t started binge watching this documentary here is a brief synopsis – Steven Avery gets convicted of a sexual assault...
Arizona’s Default Judgment Problem
Arizona has a default judgment problem. Every day I meet with families and individuals who have been notified that their wages are about to be garnished based upon a default judgment entered years ago that they didn’t even know existed, from a creditor whose...
The Ultimate Arizona Bankruptcy Guide – Part 2 – Chapter 7 vs. Chapter 13
What is the Difference Between Chapter 7 Bankruptcy and Chapter 13 Bankruptcy? There are different types of bankruptcy designed to help different types of debt problems. Most consumers file either a chapter 7 or chapter 13 bankruptcy. In this article I will walk you...
The Ultimate Arizona Bankruptcy Guide – Part 1 – An Overview of Bankruptcy in Arizona
A Bankruptcy Guide Written Specifically for Arizona Families Bankruptcy is a big decision and one that most people want to avoid at nearly all costs. However bankruptcy is a powerful tool that can help you deal with your debt problem once and for all and in most cases...
How to Avoid a Process Server in Arizona
I would guess that I meet with at least two people daily here in my Arizona consumer law practice who tell me that they know a process server has been coming by the house but they have been avoiding him and the lawsuit they know the process server is bringing with...
CFPB Sanctions Midland Funding – What it Means for your Arizona Debt Collection Case
Recently I wrote about the Consumer Financial Protection Bureau (“CFPB”) sanctioning Midland Funding and its sister companies Midland Credit Management, Asset Acceptance, and parent company Encore Capital. After a thorough investigation of Midland Funding...
The First Step to Financial Peace is Having a Plan
If you are a regular reader of my blog you know that I am a fan of Dave Ramsey and his approach to eliminating debt. This is kind of a strange thing for a bankruptcy lawyer (for some weird reason many bankruptcy attorneys are not on board with the Dave Ramsey...
3 Strategies for Dealing with Low Dollar Arizona Debt Collection Lawsuits
Over the past year I have seen junk debt buyers like Midland Funding and Portfolio Recovery Associates file debt collection lawsuits here in Arizona on accounts where the amount is relatively small – some for amounts less than $1,000. I have literally had...
Is Midland Funding Even Aware of the CFPB Consent Order?
A few weeks back I reported how the Consumer Financial Protection Bureau (“CFPB”) had sanctioned both Midland Funding and Portfolio Recovery Associates for their illegal debt collection tactics when it came to junk debt buyer lawsuits. The fines were...
Arizona Bankruptcy Basics – “Will I Lose My House in a Chapter 7 Bankruptcy?”
Almost daily I meet with families that have avoided filing for bankruptcy because they fear they will lose their home as part of the process. In this article I will discuss how you can know if your house will be put at risk by filing bankruptcy and discuss the...
Midland Funding and Portfolio Recovery Associates Slammed by Consumer Financial Protection Bureau
Finally! Today the Consumer Financial Protection Bureau (“CFPB”) took action against Midland Funding (and its parent company Encore Capital) and Portfolio Recovery Associates – the nation’s two largest junk debt buyers – for their...
Can We Really Trust the Banks?
I have written previously on the bias that consumers face from courts and others when they challenge a creditor who is suing them on a debt. The source of this bias, in my opinion, is partially due to the trust that people put in large banks. For reasons that are...
Is it Illegal for a Debt Collector to Call Your Cell Phone?
Struggling with overwhelming debt problems is stressful – and a big source of that stress is the unending debt collection telephone calls. And now that we all have a cell phone with us pretty much 24 hours a day debt collection calls seep into nearly every...
What is a Stipulated Judgment?
When a debt is legitimately owed I have found that most people simply want to negotiate a settlement with the creditor and get it behind them. And while creditors will usually agree to settle a debt, if a court case has already been filed they will often ask for you...
Dealing with Judicial Bias in Arizona Debt Collection Cases
Recently I was attending a pretrial conference at one of the local justice courts here in Arizona in one of the cases I have against Midland Funding, LLC. This type of court hearing is quite short (less than 5 minutes) and nothing much really happens other than the...
Arizona Leads Nation in Defaulting on Student Loans
Student Loan Default Rates Arizona Completion Rates National Completion Rate Arizona Default Rate National Default Rate All Schools: 29% All Schools: 55% All Schools: 18% All Schools: 11% Public: 57% Public: 55% Public: 9% Public: 9% Private: 52% Private: 64% Private:...
New Course – How to Draft a Response to a Motion for Summary Judgment
Recently, I have seen a flood of low-dollar debt collection lawsuits by junk debt buyers Midland Funding here in Arizona. Many times it doesn’t make sense to hire an attorney in cases where the amount in dispute is less than $1,000. However, without an attorney...
Join the Discussion in the Consumer Warrior Forums
I am proud to announce the launch of the Consumer Warrior Forums. Every day I get emails, comments on my blog, phone calls, and meet with people in person who are desperate for help with their debt collection lawsuit but either can’t afford an attorney or it...
7 Reasons You May Win Your Arizona Debt Collection Lawsuit that have Nothing to Do With the Law
Often here on my blog I will discuss some of the more technical legal arguments that can help you win your case against junk debt buyers. However, in a surprisingly high number of cases you end up winning simply for showing up and continuing to show up until the very...
5 Ways to Pay for College
Here in Arizona it seems that school starts earlier each year. With the new school year right around the corner it is a good time for soon- to – be seniors and current college students to put some time into planning out how they are going to pay for their...
Chase Bank Ordered to Stop Collecting on 528,000 Accounts – Pay $50 Million to Consumers
On July 8, 2015 the Consumer Financial Protection Bureau (CFPB) and 47 states took action against Chase Bank for illegal debt collection activities involving the sale of delinquent accounts to third-party junk debt buyers. After a thorough investigation the CFPB...
Look Before You Leap – What Every Arizona High School Senior (and their parents) Needs to Know About Student Loans
Anytime a conversation turns to student loans many people begin to offer their opinions. These opinions vary from, on one hand, the internet trolls and their comments on any article dealing with student loans, telling people to just pay their debt obligations, to the...
Online Debt Defense Video Courses Available in 10 Minutes!
My new online debt defense video courses will be available this morning at 9:00 a.m. (pst). These courses are geared to helping people who are fighting debt collection lawsuits against junk debt buyers like Midland Funding, Cavalry SPV, Portfolio Recovery Associates,...
Online Debt Defense Video Courses Launch Tomorrow at 9:00 a.m. P.S.T.
I am excited to launch a new service to consumers who are battling their debt problems without the assistance of an attorney. Tomorrow, Tuesday, July 14th, at 9:00 a.m. P.S.T. the online video courses will become available. Right now you will be able to access...
Big Announcement! New Online Self-Help Video Courses
Every year over 400,000 debt collection lawsuits are filed by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and CACH, LLC. Worse yet, nearly 95% of these collection cases end in a default judgment – meaning that the consumer who...
Can Debts Caused by a DUI Be Discharged in an Arizona Bankruptcy?
With the 4th of July weekend coming up, DUI task forces will be out. This got me thinking about the relationship between DUI and bankruptcy. I work in an office next to John Skiba and we’ve talked about how these practice areas overlap sometimes. As a dedicated DUI...
Debt Free in 2016? Now is the Time to File Your Arizona Bankruptcy
It is hard to believe we are getting ready to head into the July 4th weekend! 2015 is almost half-way over and I have started to plan out the remainder of the year andit is crazy to think if you are thinking of filing bankruptcy and want to start the new year debt...
4 Reasons Bankruptcy Might Be a Very Bad Idea
For some filing for bankruptcy will not only bring a lot of much needed relief it is actually a smart financial step. Bankruptcy can clear away a lot of debt and truly provide a fresh start. However there are situations where filing for bankruptcy can be a very bad...
Cavalry Portfolio Services fined $175,000 by Arizona
Cavalry Portfolio Services is a junk debt buyer that files a lot of debt collection lawsuits here in Arizona. Often times they file the lawsuit under names such as Cavalry SPV. On March 30, 2015 the Arizona Department of Financial Institutions assessed a $175,000...
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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