Tag 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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Feb 09

Settlement Proposals can be Tricky


A Plaintiff sued a collector under the Fair Debt Collection Practices Act for sending him a letter in an effort to collect a debt he claimed he did not owe. The envelope containing the letter revealed a bar code which contained some of the Plaintiff’s personal information. He sued, arguing that the mailing violated the […]

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