Posts Tagged ‘FDCPA’
It Is Not A Crime To Not Pay A Payday Loan
Not Paying a Payday Loan is NOT Criminal
Taking out a Payday Loan is a simple affair. You tell them how much you want, and they pretend that you have money in your bank account, because you have a Job.
Then, payday comes and you have other bills to pay, so you don’t pay them. First you get a polite call, then they get more aggressive, until finally, they threaten JAIL.
Should you be worried? Not even a little but. It is illegal in most states to write a check knowing that you do not have sufficient funds, with fraudulent intent. (For example: Virginia Code and Californian Penal Code.
But a Payday loan is different. You know there is no money there. They know there is no money there. If everyone knows there is no money, there can be no fraudulent intent.
Payday Loan Collectors Are Subject To The Same Rules As Other Collectors
Payday loan collectors are collecting a loan that was made for you to buy groceries, or gas, or pay the electric bill. A loan for personal expenses. A loan for family use. A loan for household expenses. That makes this a loan that is subject to the Fair Debt Collection Practices Act. And the collectors have to play by the rules. Not that they will, but they have to not be abusive or harassing, not say things that are false or misleading, and not say anything that is unfair or deceptive. You have certain rights when dealing with them, primarily to be treated with some respect.
You can even Make Them Stop.
Payday Loans Are Includable In Bankruptcy
Sometimes even good people need to file for bankruptcy. And some even have Payday loans.
Some payday lenders try to put in their contract that you will not include them in your Bankruptcy.
Some payday lenders tell you that you cannot Bankrupt that debt.
Some payday lenders just ignore the law, and tell you that they can collect anyway.
They are all wrong.
The US Constitution has a provision in it that CONGRESS has the exclusive right to set the rules of Bankruptcy. That means that you have a Constitutional right to file for Bankruptcy, and you cannot contract that right away.
The Bankruptcy code has a section on what is not dischargeable in a Bankruptcy. A check is not one of the things in that list.
The Bankruptcy code has a section on what is not stopped by the filing of the Bankruptcy. A check is not on that list.
Criminal “Bad Check” Is Different From A Payday Loan
As I mentioned above, most states have a criminal bad check law. Virginia, California, even Federal Law .
All of them have an important element. Intent.
When you write a check at the grocery store, there is a presumption in most states that if the check does not clear, that you had the intent to pass a bad check, to obtain money, or products or services intending not to pay for them.
This is not the same as a payday loan. A payday loan is based on the idea that you HOPE that money will be in the bank when the loan comes due. Isn’t that the same as any other loan? If you had the money, you wouldn’t have needed to borrow money, you would have paid cash. (Note: paying cash is always a better choice than a loan. It just may not be practical.) When you borrow money for a car loan, you hope that you will have the money to make the car payments. When you borrow money for a credit card, you hope that you will have the money for the minimum payments, or maybe, a little bit more. When you get a payday loan, you hope that you will have enough money to pay the payday loan back.
In each of these cases, everyone knows that you don’t have the money today. Even with the payday loan.
Now there is one exception to this, that is the one thing to worry about. An account that was closed before you took out the payday loan. If the account is closed, it is a different situation. You gave them false information so they would loan you the money. But the only time this exception applies is to accounts that were closed before the loan. If it was closed after, or if it just didn’t have enough money, then there can be no crime.
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: 804.303.0204
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
13 Collections Myths BUSTED
13 COLLECTION MYTHS BUSTED
Many people believe the common myths of collections. Most of them are myths that are as effective as an ostrich sticking its head in the sand. Don’t be an ostrich.
- 1. If I make a payment they will leave me alone.
FALSE. Usually, if you make a payment, it means that they know that you have some money, and will pay more. They will bother you more, not less.
- 2. If I make any payment at all, they cannot sue me.
FALSE. In fact, making a payment may restart an expired statute of limitations. You may make it so that if they could not sue before, they can sue now.
- 3. If I settle, it will improve my credit rating.
FALSE. If you make a payment, it may decrease your score, because there is now recent activity on a negative account. Eventually, the score may go back up, but for the short term, the score will be lower.
- 4. All debt collectors sue.
FALSE. Most debt collectors do not sue. Check to see if the debt collectors are located in your state of residence (we are talking about Virginia here), and if they are licensed as a lawyer there. If they are not licensed in your state, then they cannot sue, they cannot get a judgment, and they cannot attach your wages or bank account.
- 5. If I get sued, I can lose my house or my car.
USUALY FALSE. There are circumstances where people can lose their house or car, but those are relatively rare. Cars have an automatic exemption in Virginia for $6,000. Houses do not have an automatic exemption, but most homes do not have enough equity in them to be at risk.
- 6. If I get sued, my spouse’s wages can be garnished.
FALSE. Only you are responsible for the debts that you owe. Virginia is not a community property state, so spouses are only responsible for the debts that they sign for, or are for medically necessary expenses.
- 7. If I get sued, my spouse will be liable for my debts.
FALSE. Only you are responsible for the debts that you owe. Virginia is not a community property state, so spouses are only responsible for the debts that they sign for, or are for medically necessary expenses.
- 8. If I get sued and don’t go to court, they can’t get a judgment.
FALSE. You only are entitled to get notice and have a fair hearing. If you do not show up, then it is your problem.
- 9. If I move and don’t tell them, they can’t sue me.
FALSE. A creditor can sue and get a judgment based on service at an address you used to live at, if you do not keep them in the loop about where you live.
- 10.If they get a judgment, my entire wages can be attached.
FALSE. Under Federal law, your wages can only have 25% taken, except for certain debts, like taxes and child support.
- 11.If they get a judgment, they can take my social security money.
FALSE. Social Security Disability and Supplemental Security Income cannot be taken, even if it is in your Bank account. In fact, the Federal Regulations have been recently changed, and the bank must protect, automatically, 2 months of SSD or SSI benefits.
- 12.If I don’t pay, they can put me in jail.
FALSE. Almost all debts, including credit cards and payday loans, are civil matters, for which the failure to pay is not criminal. It is not fraud to fail to pay almost any debt. Of course, there are exceptions, for example, child support and taxes can put you in jail, and a payday loan taken on an account that was closed when you took out the loan.
- 13.If my car is repossessed, I don’t owe any more money.
FALSE. Under the laws of most states, you owe the difference between the balance of what was owed and the amount they got when they sold the car. Of course, there are some exceptions, and time limits.
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 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.
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
Wrong Party Collections
Debt collectors sometimes make mistakes. They contact people who don’t owe the money. Not that no one owes the money, but the person they are contacting does not owe the money. They are just simply calling the wrong person.
The Fair Debt Collection Practices Act has some things to say about this. First- tell the collector that you are not the person they are looking for. Give them the information so they can see it is true. Make them give you the last 4 digits of the person’s social security number, then give them the last 4 of yours. Why do you wait for them to give you the last 4? That ensures that they do not go about changing the system first. The last thing you need is them to make it look like you, as an “update”. You should be tracking the calls on your call log.
Once they know it is not yours, they should not be calling back. You can double check this, by sending the collector a letter, by certified mail, return receipt requested, in which they are instructed to cease communications with you. This letter is commonly called (incorrectly) a “cease and desist letter.” Right thought, wrong words. A sample letter can be found here. Make sure you track all the calls on your call log.
Once they are notified not to call you again, they are permitted no further contact. If they do contact you, you should immediately contact a lawyer to assist you.
If you have been impacted by anything we mentioned here, you can 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
How Long Does the Automatic Stay Last?
The automatic stay is a powerful remedy that comes into effect as soon as your bankruptcy case is filed, but the stay doesn’t last forever. You need to realize that this shield against creditor action is not perfect, and will not work in your favor until the end of the world.
The automatic stay remains in effect until a creditor gets an order from the judge in your bankruptcy case to lift the stay. In addition, remember that there are limitations to when the automatic stay may come into effect for only a limited amount of time – or sometimes, not at all. If you had a prior bankruptcy case in the past year and that case was dismissed, then the automatic stay exists for only 30 days (unless you or your lawyer gets a court order extending the automatic stay). And if you had two or more prior bankruptcy cases in the last year that were dismissed then the automatic stay does not take effect at all.
The automatic stay does not protect you from all collections efforts, only the most common ones, like lawsuits, letters and phone calls. It does not stop a criminal proceeding, child support from being determined, or from taxes being assessed or offset.
Finally, the automatic stay ends the minute your bankruptcy case ends- either in a Discharge or in a Dismissal.
As always, rules have exceptions and limitations. Tread carefully when relying on the automatic stay; if you don’t then you may think you’re protected when you are not.
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: 804.303.0204
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
Joint Accounts and Garnishment
What happens when a creditor has a judgment and you have a joint bank account?
The creditor can issue a garnishment (seizure order) to the bank, and freeze all of the money. A separate notice is then sent to the other account holder. They then have the opportunity to come to court and claim that some or all of the money in the account is theirs.
In order to do so, they must come with 2 or 3 months of statements, and proof of the source of the deposits. For example, they need to bring pay advices showing that they are the one who deposited amount X on date Y.
If the joint account holder does not show up in court, the judgment creditor gets the benefit of the doubt, and gets all of the money.
One of the first things we always ask is how did the case get this far. Sometimes there are things we can do to alleviate the problem. Sometimes we will recommend Bankruptcy.
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.
DISCLOSURE: Pursuant to Federal law, KCLS is a debt relief agency. We help people, who need those services, to file for Bankruptcy, if there is no other option.
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: 804.303.0204
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
Order of bill payment
Last time I talked about how to deal with collectors, and I mentioned an order of payment. Here is why the order is important. The order, from last time, is: 1- Food, 2- car and house payment, 3- Utilities, 4- Current bills, and 5- Luxury expenses.
The food always comes first in the order of payment. If there is no food, the reason for a house, a car, utilities, credit card payment, etc is pointless.
The house and car payments come next. It is much easier for a lawyer to fix the problem of unsecured debt (debt where there is no right to repossess a thing), than a secured debt. Your secured creditors are hard to solve, often requiring that you make deals to pay them much more than you ordinarily would. Unsecured creditors will often settle for pennies on the dollar, over long periods of time, because payments to them are so much more tenuous. You can have defenses, or file Bankruptcy, or just not pay, and there is often very little they can do.
The utilities and taxes come next. The utilities will cut you off, and the tax man will come get things, but neither of those things happens quickly.
Then comes the unsecured bills- the medical bills, the credit cards, etc. When they get paid it will be good enough.
Lastly comes the luxury expenses- vacation, jewelry, etc. If you are able to pay all of your other bills, then there may be money left in your budget for luxury goods and services. They are not things that you need, but might want. Instead of a vacation, try a stay-cation. You get the time off, but not the expense of travel. Instead of expensive jewelry, try costume jewelry. You get some of the look, but not the expense.
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
Dealing with Debt Collectors- a HOW TO
Dealing with debt collectors
People often ask how to deal with a debt collector. Here are some simple rules that will help control the situation.
1. Pay your bills if you can. The easiest way to deal with a debt collector is to not need to- that is, pay your bills on time every month. By the way, this also means that your credit score will be as high as it can be in your situation. (there is more to a credit score than payment history, but history is the biggest part).
2. Talk to the lender before you miss payments. If you fall behind on your bills, it is often easier to deal directly with the creditor to help you fix the situation than if the account is turned over for collections, so as soon as you realize you are going to have a problem, contact the lender. Sometimes they will work with you, sometimes they will not.
3. Prioritize your debts. If you have tried dealing with the lender, the next thing to do is prioritize who gets paid first, and who gets paid last. I will talk about why this is the order next week.
a. Food comes first. If you don’t have enough money for food, then no one gets anything. Don’t be ashamed to apply for food stamps (called SNAP) and other government assistance.
b. Your car and home payments come second. This does not include second homes, second cars, etc, but does include the payment on your first and second mortgage on your home. These assets are important, because you need a roof over your head, and a way to get to work.
c. Utilities (lights, water, gas) come third. It is much easier to maintain your ability to have a roof, and a car if there is heat and air conditioning, water, etc.
d. Current bills. Medical bills, credit cards, store cards, etc.
e. Luxury expenses. Vacations, jewelry, etc. If you are paying for these things, you should be paying all of your bills. If you are not paying all of your bills, you should not spend money on luxury expenses.
4. Reduce your expenses. This is much more important for a long term problem than a short term issue. If you are out of work, but going back, conserve your cash, and keep going. If you are at a new, lower paying job, reducing your expenses is much more important. Downsize your house, downgrade the car. You need to look for a less expensive solution.
5. Communicate with the debt collectors. That first call or letter will not be the last if you don’t respond. Request verification of the debt. Start with making sure they are collecting an account that you owe. Dealing with a mistaken identity or ID theft is different from dealing with your own accounts. Verify the amounts they are requesting.
6. 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
How to Deal with Debt Collectors- What the Collectors Say
One of my friends is a debt collector, and I asked him what advice he would give to his mother for how to deal with a debt collector. Here is what he said. First, the best way is to never need to deal with them, by paying your bills, but if you are forced into a situation where you must, here is what you should do.
1. Talk with the collectors. Ostrich technique does not work with debt collectors, they tend to get more aggressive, and eventually sue. That first call or letter will not be the last if you don’t respond. Request verification of the debt. Start with making sure they are collecting an account that you owe. Dealing with a mistaken identity or ID theft is different from dealing with your own accounts. Verify the amounts they are requesting.
My comments: I agree, but with a variation. You should communicate in writing. It makes the record so much clearer.
2. There may be tax consequences if you settle a debt, rather than pay the full balance. Debt collectors cannot give tax advice, and if they write down the debt by more than $600, they are required to send a 1099 to the IRS, and you could pay taxes on the money.
My comments: Yes, that is true, but if you are going to compromise a debt, tax consequences should be discussed with the collector before the deal is inked. Some collectors have authority to discuss tax consequences, some do not. Be on the lookout for a 1099 for the entire balance, or the forgiven balance, as this is not correct. You should not pay taxes on the interest, only the principal. Consult a tax professional for the details on that.
3. If you have problems, complain to the Federal Trade Commission customer service hotline.
My comment: And the Attorney General of the US, the Attorney General of your state, and you should find a lawyer who deals in collection abuse, like us.
4. Request a supervisor. If you are trying to pay, but the collector on the phone cannot make the deal you can afford, request a supervisor, who may be able to make a better deal.
My comment: If you cannot make a deal pretty quickly on the phone, you should not be talking to them on the phone. It is pretty rare that a supervisor can make a deal that a line collector cannot, and they often are just another line collector on the phone anyway. Better to send them a letter that says that you request no more phone calls, and that all communications should be in writing. Better still is a letter telling them to communicate with your lawyer.
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
Recording collection calls
It is legal to record phone calls, but we advise that you do not, and we suggest that this article is a good starting point on why not.
A summary of Herring and Watts article is that in some states where collectors operate, it is illegal to record without the consent of all parties, and it is not strictly necessary- your testimony is admissible.
Virginia law is that any party to a conversation may record. VA Code §19.2-62.
Federal law is that any party to a conversation may record. 18 U.S.C. §2511.
There are 10 states that require that all parties to a conversation must consent, or the recording is criminal. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington each require the consent of all parties to record. The balance allow anyone who is a party to the conversation to record.
In ALL states and by Federal law, recording a conversation that you are not a party to (eg: recording your next door neighbor’s conversation) is criminal. There are exceptions in criminal justice, when the government obtains a warrant for a wiretap, but generally, it is illegal.
It is often very difficult to determine what state the collector is located. Further, even if you are located in a 1 party state, and they are located in a 2 party state, the question then becomes what law applies.
As a result, we agree with Herring and Watts, and say that even though it is legal, we advise that you should not record your conversations. In the event that you do record, we advise that you disclose that you are recording, and tell the collector that by staying on the phone that they are consenting to being recorded.
Your notes of a call are perfectly good records of what happened. Here is a link to a form for tracking calls, and making notes of what happened.
Also, you can have other people listen to your side of the conversation, or even participate in the conversation.
If you have been impacted by anything we mentioned here, you can 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
Being sued by a creditor
A potential client called today, and complained that he had hired a lawyer to do some work for him, and that the lawyer was now suing him for his fees.
He complained, not because the attorney was suing for his fees (there are some lawyers who do this, even though this is discouraged), but because the lawyer had not played fair in suing him. Apparently, the lawyer had sued, and then sued again, and the potential had not gotten served properly, but the lawyer had taken judgment against him. The potential was very upset, and contacted the lawyer, and made payment arrangements, and made some of the payments. Then he checked his credit report, and discovered that the lawyer had gotten a judgment, and the judgment was on his credit report. So he called, and communicated with the lawyer, and the lawyer had stated he would take care of it. Then it appears, he marked the judgment satisfied. But the client was unhappy, and he refused to pay any more. So the lawyer sued again.
I turned this case down. The lawyer was collecting a debt owed to him. One of the important features of the Fair Debt Collection Practices Act is that it only covers third party collectors. That means that although lawyers are covered when they are collecting money owed to someone else, if the money is originally owed to them (for example for fees earned), they are not debt collectors, and not subject to the act.
Remember, if you are being harassed by a debt collector, you need to know your rights. But remember that they have very powerful options, too. Virginia has very limited consumer rights. Most of the rights are given to creditors.
If you have been impacted by anything we mentioned here, you can 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