Category Archives for "Debt Collection"

Feb 24

Collecting a Judgment from an LLC

Debt Collection

Not too long ago, an attorney called me on the Lawyer-to-Lawyer directory*. He had recently obtained a judgment for his client against a Limited Liability Company (LLC). The amount of the judgment was $17,000, and he believed the LLC might not have much in the way of assets. His question to me was, “What steps […]

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Feb 17

When Collecting Consumer Debts, Federal Law Prohibits the Use of Confusing Communications

Consumer Law Issues , Debt Collection

The Fair Debt Collection Practice Act (FDCPA), prohibits misleading an unsophisticated debtor. An “unsophisticated debtor” is “one who is uninformed, naïve and trusting, but does possess rudimentary knowledge about the financial world, and is wise enough to read collection notices with added care.” When bringing these claims that a debt collector’s communication was misleading, the […]

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Jun 29

Timing of Tax Attribute Reductions

Blog , Debt Collection

A bankruptcy discharge has many effects and timing is important. The most well-known, of course, is that debts are eliminated and the debtor has no further obligation to pay them. A lesser-known consequence of bankruptcy can be its effect upon a debtor’s future income. The income itself is not directly affected by a bankruptcy, but […]

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