Stop Debt Collectors in Virginia

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A debt collector cashed my check early- what can I do?

The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors not deposit checks before they are scheduled to be deposited, and to give you advance notice of their being deposited (a reminder that they will). If you do a check-by-phone, they should also be getting specific permission to deposit the check.

The FDCPA also says they are not allowed to make false statements or misrepresentations to you in an effort to collect.  The statement that they would deposit the checks later was apparently false.

So what do you do if they take your 3 checks over the phone that are supposed to be for this month, next month and the month after, and deposit them all on Friday? Get the cleared checks (assuming they clear) and come see us. The fact that they did so, and the damages they caused are damages you can recover, along with your attorney fees (which is why we like this law), and court costs.

Consult a lawyer and maybe a financial planner. You need to know your rights, and how to get out of this mess. Above all, don’t play ostrich. Sticking your head in the sand and saying “I can’t see you” will not make the problem go away.

If you have been impacted by anything we mentioned here, please make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Today the 4th Circuit Court of Appeals entered a very brief opinion that is great news for bankruptcy debtors, holding that junior liens — second mortgages, home equity loans, etc. — can be “stripped off” of a Debtor’s principal residence in a Chapter 13 case when they are wholly unsecured by any equity in the property. While most of the Courts of Appeals (all that have decided the issue) have already said that this is allowed, some lower courts have said it cannot be done, prompting Suntrust Bank to challenge a Debtor’s right to do this in a case arising in Maryland. The Bankruptcy Court allowed it, and it was affirmed by the District Court, but Suntrust appealed to the 4th Circuit Court of Appeals. Today’s ruling inSuntrust v. Millard, No. 09-2266, simply states:

SunTrust appeals the district court’s order affirming the bankruptcy court’s order granting the Debtors’ Motion to Avoid Lien. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. SunTrust Bank v. Millard, No. 8:08-cv-03002-MJG, 08-17964 (D. Md. Nov. 7, 2008 & Sept. 28, 2009).

This should come as a great relief to debtors in the 4th Circuit (Maryland, Virginia, West Virginia, and North and South Carolina) with homes with underwater mortgages. It is now clear that the ability to strip off junior mortgages in Chapter 13 is secure in cases where the value of the property is less than the amount of the first mortgage. The second mortgage is simply treated as unsecured debt in the Chapter 13 case, and upon completion of the plan it is removed from the title. In many cases, the ability to do this allows families to save their homes that would otherwise be unaffordable.

This article is a re-print of an article.  Read the original, Here.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation.  They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.673.4358

You can fax us: 804.673.4350

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230

A friend of mine worked very hard to talk about the problem of debt collectors, credit reports and debt collectors.

If you have be the victim of a debt collector who has lied to you and told you that paying an old debt would improve your credit, or that they could remove the negative information, please contact us.

NO FEE IN YOUR FDCPA OR FCRA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.673.4358

You can fax us: 804.673.4350

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230