by John Skiba, Esq. | Dec 27, 2014 | Collection Law Suits, Debt Collection Lawsuits
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...
by John Skiba, Esq. | Dec 26, 2014 | Bankruptcy, Bankruptcy A to Z, Chapter 7 Bankruptcy, Newsletter
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...
by John Skiba, Esq. | Dec 24, 2014 | Newsletter
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...
by John Skiba, Esq. | Dec 23, 2014 | Collection Law Suits, Debt Collection Lawsuits
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...
by John Skiba, Esq. | Dec 16, 2014 | Collection Law Suits, Fair Debt Collection, FDCPA Claims, Newsletter
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...
by John Skiba, Esq. | Dec 8, 2014 | Debt Collection Lawsuits, 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...
by John Skiba, Esq. | Dec 7, 2014 | Collection Law Suits, Debt Collection Lawsuits, Newsletter
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...
by John Skiba, Esq. | Dec 6, 2014 | Collection Law Suits, Debt Collection Lawsuits
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...
by John Skiba, Esq. | Nov 25, 2014 | Chapter 7 Bankruptcy, Debt Collection Lawsuits, Debt Settlement
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...
by John Skiba, Esq. | Nov 24, 2014 | Collection Law Suits, Debt Collection Lawsuits, Fair Debt Collection, Newsletter
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...
by John Skiba, Esq. | Nov 19, 2014 | Collection Law Suits, Debt Collection Lawsuits, FDCPA Claims
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...
by John Skiba, Esq. | Nov 18, 2014 | Collection Law Suits, Debt Collection Lawsuits, Fair Debt Collection, FDCPA Claims, Newsletter
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...
by John Skiba, Esq. | Nov 17, 2014 | Collection Law Suits, Debt Collection Lawsuits, Debt Settlement, Newsletter
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...
by John Skiba, Esq. | Nov 13, 2014 | Collection Law Suits, Debt Collection Lawsuits, Newsletter
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...
by John Skiba, Esq. | Nov 12, 2014 | Collection Law Suits, Debt Collection Lawsuits
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...