By: Robert J. Nahoum When the federal government passed the Coronavirus Aid, Relief, and Economic Security (“CARES Act”) including stimulus checks of up to $1,200 per adult and $500 per child, it failed to protect that money from the reach of debt collectors. Those of us in the consumer protection community immediately recognized the threat to working people and began […]
New York Attorney General Letitia James Announced Plans to Keep Stimulus Checks Out of the Hands of Debt Collectors
The Debt Hole on the Other Side of the Corona Economy
Working families are increasingly relying on credit cards to survive the corona-economy. The debt collectors are waiting on the other side.
- 15 U.S.C. §1692 et. seq.
- Debt
- debt collection
- Debt Collection Defense
- debt collector harassment
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NCLC Resource – Protecting Against Creditor Seizure of Stimulus Checks
The consumer heroes at the National Consumer Law Center have issued the following resource to help consumer protect their corona stimulus checks from levy and seizure by heartless and unscrupulous debt collectors: “The CARES Act authorizes payments up to $1200 to individuals and $2400 for couples, with an additional $500 for children under 17 years old. The payments phase out […]
Debt Collectors Must Tell NY Consumers if the Debt a Too Old to Collect
By: Robert J. Nahoum THE PROBLEM: You are surprised to be receiving phone calls and letters from a debt collector; you thought you cleared up all your bad debts years ago. How can they still be contacting you on such old debts? The Rule: In New York, a debt collector must maintain reasonable procedures for determining the statute of limitations […]
When Does the FDCPA One Year Statute of Limitations Clock Start Ticking?
By: Robert J. Nahoum THE PROBLEM: You have been harassed, abused, misled and lied to by a debt collector in violation of Federal debt collection laws called the Fair Debt Collection Practices Act (FDCPA for short). You’ve done your research and learned that you can sue the debt collector for its abuses. However, you’ve also learned that the FDCPA has […]
Must a Debt Dispute Under the FDCPA be in Writing?
By: Robert J. Nahoum THE PROBLEM: You’ve been contacted by a debt collection agency trying to collect a debt but you are certain you’ve already paid it. You tell the debt collector that you are officially disputing the debt? The question you are now asking yourself – is this oral dispute sufficient or must the dispute be in writing? The […]
5 Careless Credit Mistakes Millennials Make
By: Robert J. Nahoum In a recent survey 30% of millennials said they would sell a body part to pay off student debt. The absurdity of this statement certainly highlights the tremendous attention given to the student debt crisis facing millennials. Weighed down by hefty student debt, any hopes millennials have of ever buying a home, getting a car loan, […]
Midland Funding and Portfolio Recovery Settle Wrongful Debt Collection Claims With the CFPB
By: Robert J. Nahoum THE PROBLEM: On September 9, 2015, government watchdog the Consumer Financial Protection Bureau announced that it had reached a settlement with infamous debt buyers Midland Funding and Portfolio Recovery over illegal debt collection practices. According to a statement released by the CFPB: “Today the Consumer Financial Protection Bureau (CFPB) took action against the nation’s two largest […]
What is an FDCPA Venue Violation?
By: Robert J. Nahoum THE PROBLEM: Debt collectors usually sue consumers in the courts where the consumer lives. This is true because the law requires. However, from time-to-time, there are debt collection lawyers out there that file suits in locations other than where the consumer lives to suit its own needs. This is not allowed. The Rule: In legal jargon, […]
Are Pension Benefits Exempt From Debt Collection?
By: Robert J. Nahoum THE PROBLEM: After falling on hard times debt collectors have been after you, some have even sued. A judgment has now been entered against you. You are on a fixed budget and your only sources of income are social security and pension benefits? You’re now wondering if the debt collector levy on your pension to satisfy […]