Although debt collectors often lack the documentation necessary to win cases against debtors in court, they know that a high percentage of the people they sue will fail to show up. And when a debtor fails to show up in court, the debt collector automatically wins. The court then enters a default judgment in favor…
Continue reading…Can Portfolio Recovery Associates Call Me at Work?
Debt collectors will go to great lengths to collect a debt. Unfortunately, in their hunt for profits, debt collectors sometimes break the law. The Fair Debt Collection Practices Act (FDCPA) is a federal law that outlines what debt collectors may and may not do when pursuing a debt. One area that the FDCPA covers is…
Continue reading…Can Cavalry SPV Take Me to Court?
Cavalry SPV, which is also known as Cavalry Portfolio Services, is a debt collection organization that buys debts in bulk from loan and credit card companies for pennies on the dollar. Cavalry then makes efforts to collect the debts. A major part of Cavalry’s debt collection strategy is to file lawsuits against consumers. In this…
Continue reading…Setting Aside a Default Judgment in a California Debt Collection Lawsuit
When a debtor fails to properly respond to a debt collection lawsuit in California, he or she faces the prospect of a default judgment. A default judgment can result in garnished wages, the attachment of one’s bank accounts, and property liens. Unfortunately, however, default judgments are sometimes entered against people who never knew they were…
Continue reading…You Should Never Ignore a Debt Collection Lawsuit: Here’s Why
No one wants to be sued by a debt collector. After all, having to deal with the debt collector, courts, and attorneys can be stressful. However, if you’ve recently been served with a debt collection lawsuit, pretending that it never happened is the worst thing you can do. In this article, we explain why you…
Continue reading…Can a Debt Collector Contact My Minor Child?
Obviously, children shouldn’t accumulate debt. This doesn’t stop debt collectors, however, from occasionally attempting to contact them. If your child has received correspondence from a debt collector, this may be a violation of the Fair Debt Collection Practices Act (FDCPA), which is a federal law designed to protect the rights of consumers. The FDCPA limits…
Continue reading…I’ve Been Sued by a Debt Collector: Now What?
If you’ve been sued by a debt collector, you must take immediate action. If you fail to respond to your lawsuit, the court will likely enter a default order in favor of the debt collector. In other words, if you ignore your lawsuit, you will automatically lose your case. Once this occurs, the debt collector…
Continue reading…Can Debt Collectors Garnish Social Security?
When people borrow money, they usually plan on paying it back. Unfortunately, however, certain events, such as illness or job loss, can interfere with a person’s ability to honor his or her financial commitments. Failing to pay a debt can result in several negative consequences, including lawsuits, credit damage, and even wage garnishment. In this…
Continue reading…The Importance of Fighting Debt Collection Lawsuits in California
Debt collection lawsuits are among the most common type of civil litigation in the U.S. In fact, between the years 1993 and 2013, the number of debt collection lawsuits filed each year increased from around 1.7 million to roughly four million. In other words, as a consumer in the U.S., there is a chance that…
Continue reading…5 Things Debt Collectors Aren’t Allowed to Do
Although debt collectors often go to great lengths to collect debts—there are many things they are legally prohibited from doing. Unfortunately, however, this doesn’t always stop them. In fact, debt collectors routinely break the rules in pursuit of profit. In this article, we discuss five things debt collectors aren’t allowed to do. #1: Show Up…
Continue reading…