by John Skiba, Esq. | Jan 13, 2016 | Collection Law Suits, Debt Collection Lawsuits
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...
by John Skiba, Esq. | Jan 9, 2016 | Collection Law Suits, Debt Collection Lawsuits
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...
by John Skiba, Esq. | Jan 9, 2016 | Collection Law Suits, Debt Collection Lawsuits, Garnishment, Wage Garnishment
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...
by John Skiba, Esq. | Dec 26, 2015 | Bankruptcy, Chapter 7 Bankruptcy
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...
by John Skiba, Esq. | Dec 5, 2015 | Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Newsletter
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...
by John Skiba, Esq. | Nov 17, 2015 | Collection Law Suits, Debt Collection Lawsuits, Newsletter
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...
by John Skiba, Esq. | Nov 2, 2015 | Collection Law Suits, Debt Collection Lawsuits, Newsletter
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...
by John Skiba, Esq. | Oct 18, 2015 | Newsletter
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...
by John Skiba, Esq. | Oct 13, 2015 | Bankruptcy, Chapter 7 Bankruptcy, Debt Collection Lawsuits, Newsletter
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...
by John Skiba, Esq. | Sep 30, 2015 | Collection Law Suits, Debt Collection Lawsuits
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...
by John Skiba, Esq. | Sep 14, 2015 | Bankruptcy, Bankruptcy A to Z, Chapter 7 Bankruptcy, Foreclosure
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...
by John Skiba, Esq. | Sep 9, 2015 | Collection Law Suits, Debt Collection Lawsuits, Fair Debt Collection, FDCPA Claims, Newsletter
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...
by John Skiba, Esq. | Sep 8, 2015 | Collection Law Suits, Debt Collection Lawsuits, Debt Settlement, Fair Debt Collection, FDCPA Claims, Newsletter
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...
by John Skiba, Esq. | Aug 31, 2015 | Fair Debt Collection, FDCPA Claims, Newsletter, TCPA
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...
by John Skiba, Esq. | Aug 24, 2015 | Collection Law Suits, Debt Collection Lawsuits, Debt Settlement
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...