If you have been sued by a debt buyer like Midland Funding, LVNV, LLC, Portfolio Recovery or any of other companies out there your initial reaction is probably that you want this to go away and go away now. Before making any decision take some time to evaluate your options. If you live in Arizona you have 20 days from the day you received the complaint and summons before you have to file a response with the court. Take that time to make a sound decision. So what options do you [...]
We sat there in my office, large stack of bills on one side of the table and a half dozen judgments on the other side. The credit card bills had not been paid in some time and the judgments were a few months old. After some preliminary discussion on the debts and bankruptcy process the person sitting across from me asked if I thought bankruptcy was a good option. They expressed how much they didn’t want to file for bankruptcy and hoped to deal with their debt problem another way. [...]
A few days ago the attorney general for West Virginia filed suit against Midland Funding, LLC, one of the largest debt buyers in the country. In the complaint against Midland Funding the attorney general claimed the Midland was filing lawsuits against consumers with false and unreliable mass-produced affidavits. These affidavits were often the only form of “proof” that the debt was owed by the person who was being sued. Here in Arizona I meet and talk with people on a daily basis who have been sued by Midland Funding or [...]
I meet with clients on a regular basis that have been sued by a debt buying company on an old credit card debt. If you have had the misfortune of being sued, you know that the process server provides you with a copy of the Complaint and Summons. In Arizona, you have 20 days from the day you are served with the Complaint and Summons to submit a written response to the court. The written response is called the “Answer”. How you answer a lawsuit can have lasting implications in your collection lawsuit. [...]
A lot of what I do each day here in the Phoenix valley is help families file for bankruptcy. As part of that process I go through my client’s bills and pull their credit in effort to get as many of their debts as possible. In doing so I often see judgments that have been entered against my clients by the various debt buying companies that operate in Arizona – typically Midland Funding, LVNV Funding, or Portfolio Recovery. These judgments are typically entered because my clients did not bother to [...]
The other day I was scheduled to attend a continuing education conference with some of the local Arizona bankruptcy trustees. I thought I had given myself plenty of time. I arrived at the parking garage, walked inside, and immediately realized that I was in the wrong building. So I got back in my car and tried to head to the right building. I ran into a problem. The parking garage only took cash and I only had my debit card. I told the attendant that I had only been parking [...]
Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and you ask yourself the question: “who in the world is Midland Funding and why are they suing me?” First, Midland Funding is one of several companies that buy debts for pennies on the dollar and then sues folks like you. The kicker is, you may or may not actually [...]
When the bankruptcy code was amended back in 2005 one of the new requirements was that those wishing to file for bankruptcy would need to take a pre-bankruptcy credit counseling course as well as a post-filing financial management course. Pre-Bankruptcy Credit Counseling Course Often before people come and visit with me after they have done all they can to avoid a bankruptcy filing. Many times this includes participating in some sort of credit counseling or debt management course. These classes serve their purpose but will not satisfy the requirement that you [...]
Recently in Readers Digest online they posted an article on 13 Things a Debt Collector Won’t Tell You. The article discusses various techniques and approaches that debt collectors use to try and get money from you. Number one on the list was that debt collectors are taught that all debtors are compulsive liars. A few of the others were: Debt collectors are supposed to keep pushing you to find money no matter what you say. Debt collectors could care less about your “hard-luck story.” If you aren’t paying you are wasting [...]
It really goes without saying that if you are thinking of filing for bankruptcy money in your household is tight. You may be struggling to come up with gas money to get to work or buy groceries let alone coming up with a big sum of money to pay a bankruptcy attorney. People will ask me whether it worth the money you pay a bankruptcy attorney to file your bankruptcy case. Seeing that I am a bankruptcy attorney my answer is obviously going to be biased, but usually when I lay [...]