Recently I have launched a new website that while not technically a legal website I believe it compliments my law firm website. The website is Consumer Warrior and was created with the goal of providing information to people who are dealing with difficult and often very stressful collection efforts and debt collection lawsuits. I am a firm believer that it truly is difficult to replace a competent attorney no matter how good the guide or website. But at the same time with some consumer matters it simply doesn’t make financial [...]
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 [...]
The answer is no. You are not going to go to jail because you can’t pay your debts. In ages past if you coudn’t pay your debts you would be put in debtor’s prison, however the U.S. government abolished debtor’s prisons in 1833. Some unscrupulous debt collection agencies will threaten that you will be arrested for not paying them the money they are seeking. If this happens to you it is a good idea to speak with a consumer attorney to see if the Fair Debt Collection Practices Act (“FDCPA”) [...]
If you are being sued by Midland Funding, LLC here in Arizona you are not alone. Recently I have seen an increase in the number of clients coming in with lawsuits by Midland Funding and other debt buyers. What is a debt buyer? These are companies that have purchased delinquent debts from banks or credit card companies and then are suing through the state court system here in Arizona to collect on their purchased debts. Understanding how these debt buyers operate will help you in fighting the lawsuit they have [...]
