Arizona Consumer Law Group
Consumer BlogThey’re Watching You. How Debt Collectors Use Facebook and Your Credit Report to Keep Tabs on You
It is almost as if they are watching you. Debt collectors seem to appear out of nowhere anytime something positive happens. While you may believe you are just unlucky and that you can’t seem to shake that grey cloud hanging over your head – the truth of...
Arizona Debt Collectors Gone Wild!
Recently I spoke with a client who came really close to pulling out his wallet and sending thousands of dollars to a debt collector who had threatened and intimidated him and his family. You may be thinking – “how stupid – I would never do such a...
How to Stop Robo-Debt Collection Calls to Your Cell Phone
The phone rings…long pause…click…then automated voice comes on to give you a message. Whether it is a telemarketer, a debt collector, or who knows what, we have likely experienced being robo-called by a computerized system. What many people...
Stop Debt Collectors from Calling Your In-Laws
A favorite tactic of debt collectors is to call the family and friends of the person they are trying to collect money from. And it makes sense…do you want your in-laws…your brother….your best friend…all knowing that you are going through...
Voicemail Messages from Debt Collectors – Don’t Hit Delete!
If you are the target of a debt collector it can often feel like the wild wild west where anything goes. Debt collectors know that if they can make you feel the heat that you will be much more likely to pay up. Debt collectors will implement tactics like calling...
FDCPA – Your Consumer Bill of Rights
Debt collection phone calls…this is one of the top reasons people file for bankruptcy – so that they can avoid having to deal with debt collectors and all the garbage that goes with it. The thing is, you shouldn’t have to file for bankruptcy...
How a Default Judgment is Entered in Arizona – And Strategies to Avoid It
If you have been sued by one of the big debt buyers like Midland Funding, Portfolio Recovery Associates, or Cavalry SPV the one thing you want to avoid is a default judgment. A default judgment will be entered against you if you fail to file a written response, known...
Beginners Guide to Understanding Debt Collection Lawsuits Filed by Portfolio Recovery Associates in Arizona
Portfolio Recovery Associates (“PRA”) is a debt buying company that purchases old, charged-off debts and then tries to collect on them, often by filing debt collection lawsuits. Portfolio Recovery Associates is one of the largest consumer debt buyers in...
3 Secret Strategies to Winning Your Arizona Case With Portfolio Recovery Associates (or any other junk debt buyer)
The law in Arizona as it applies to cases brought by junk debt buyers like Portfolio Recovery Associates is somewhat in flux. This has resulted in rulings from the various courts that can be all over the place. Often the end result of your case will largely be...
Quick Guide to the Typical Arizona Debt Collection Timeline (And Why You Should Care)
If you are dealing with past due debts you no-doubt understand the confusion of what company is trying to collect what debt on behalf of who? (If that makes sense?). Well before a debt ends up in the hands of a junk debt buyer like Portfolio Recovery or Midland...
What Types of Debt Collectors Can Be Sued for Abusive Debt Collection Tactics?
The Fair Debt Collection Practices Act (FDCPA) is a federal law the governs debt collection. Essentially it says what a debt collector can and can’t do in trying to get people to pay them. But many are surprised to learn that not all creditors are subject to...
Why You Shouldn’t Enter Into a Payment Plan with a Junk Debt Buyer
People want to pay their debts. That is why when a junk debt buyer like Midland Funding, CACH, LLC, Cavalry SPV, or Portfolio Recovery comes along and threatens to file a lawsuit over a junk debt it allegedly purchased, many people will agree to the settlement offer...
Top 5 Consumer Articles in 2014!
Each year on New Year’s Eve I like to take a look back at the articles I published and which ones helped the most people. During 2014 over 85,000 people from 146 countries read the articles on my blog! It always amazes the articles I write sitting in my office...
Quick Guide to Stopping Abusive Debt Collection Calls in Arizona
The first sign that you have fallen behind on your bills is the non-stop debt collection calls. These calls are not only stressful but can cause problems with your family, your job, and even your health. Many believe that there is nothing that can be done about the...
3 Factors that Will Make or Break Your Case Against Portfolio Recovery Associates
I dedicate almost all of my work week to fighting junk debt buyers like Portfolio Recovery Associates, Midland Funding, LLC, and Cavalry SPV I, LLC. My extensive experience in handling these types of cases has put me in the unique position of breaking down the...
Questions You Should Ask Before Hiring a Lawyer for Your Arizona Midland Funding Case
Finding a lawyer to represent you in your debt collection lawsuit against junk debt buyers like Midland Funding, Portfolio Recovery, CACH, LLC (or any other junk debt buyer) can be a difficult task. There aren’t a lot of lawyers like myself that focus on...
Credit Card Debt, Christmas, and What it Can Mean for Your Bankruptcy Case
The reality of it is, as much as we try to avoid it, there is a lot of pressure during the Christmas season, particularly on parents, to buy their kids their Christmas wishes – even if it means charging up the credit card more than was planned. This could mean...
Merry Christmas from Your Lawyer
Just who you were hoping would finally wish you a Merry Christmas…your lawyer! I do want to take this opportunity to wish all of my clients and those who read my blog Happy Holidays and Merry Christmas. I truly hope that the New Year brings you happiness and...
12 of the Most Aggressive Junk Debt Buyers in Arizona
Over the years I have battled a lot of different junk debt buyers here in Arizona and while the underlying business model is generally the same between them all (they buy charged off debts and sue people), there are some characteristics that are unique to each debt...
20 Things Arizona Debt Collectors are Not Allowed to Do
Recently ABC News did a report on a debt collector that violated federal law and ended up getting sued by a woman he was trying to collect against. The court awarded her $33,000 for violations of the Fair Debt Collection Practices Act (FDCPA). Many people that fall...
Possible Tax Consequences of Debt Settlement
People want to pay their debts. If there is one thing I have learned over the last 11 years of practicing law is that people generally want to pay the debts that they have incurred. People usually hire me when they simply can’t. And in almost every bankruptcy...
“But They Owe Someone, Right?” – The Importance of Keeping the Court Focused in Your CACH, LLC Lawsuit
Recently I had oral argument on a Motion for Summary Judgment in a debt buyer lawsuit. During my presentation I was arguing that there was no evidence that my client owed any money to the debt buyer, CACH, LLC. The judge in the case interjected – “But...
How to Defeat the “Account Stated” Claim in Your Arizona Midland Funding Lawsuit
When junk debt buyers like Midland Funding file a lawsuit they often don’t have the evidence and documents they need to prove that you had a contract with the original creditor. Because of this they will often not only sue you on a breach of contract claim but...
Debt Free in 2015 – Now is the Time to Prepare
We are a month away from the new year, but now is the time to start putting together your game plan to get out of debt in 2015. Debt is often accumulated over several years (and sometimes decades) and it will take some careful planning and affirmative steps on your...
What to Expect at Mediation with Midland Funding, LLC in Arizona
When it comes to fighting back against debt collectors like Midland Funding, Portfolio Recovery, or CACH, LLC (to name just a few) there are a lot of ” – tions ” . You have “litigation”, “arbitration” , and...
Stop Allowing Creditors to Have Power Over You
I almost have my car paid off and last night I called into the bank to get some information on the payoff. I went through the normal hoops of providing them with account information and the last four digits of my social security number but the bank didn’t stop...
Turning the Tables: How You Can Turn Your Debt Collection Lawsuit into an FDCPA Action Against Junk Debt Buyers
With increasing regularity I am seeing clients who initially are sued by a junk debt buyer like Midland Funding, Portfolio Recovery, or CACH, LLC turn the tables on the debt buyer and file a claim for violations of the Fair Debt Collection Practices Act (FDCPA). Debt...
New Course! How to Draft Your Own Answer in a Debt Collection Lawsuit
Over the years the most read articles on my blog have to do with drafting an Answer to a junk Debt Buyer’s lawsuit and avoiding a default judgment. I just wrote an article recently where I discussed my research in Arizona last month nearly 3,000 junk debt buyer...
Over 2,900 Junk Debt Buyer Lawsuits Filed in Maricopa County, Arizona in October!
If you have been sued by a junk debt buyer like Midland Funding, CACH, LLC, or Cavalry SPV it can feel like you are the only one dealing with such stressful problems. But the reality is you are far from being alone when it comes to dealing with junk debt buyer...
What is the Statute of Limitations on a Credit Card Debt in Arizona?
This question is more tricky than it might first seem. I meet with a lot of people who have been sued by one of the big debt buyers (i.e. Midland Funding, Portfolio Recovery, Unifund, CACH, LLC, etc.) who think that they are going to win their debt collection case...
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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