An FDCPA Claim Is not a Defense to A Debt Collection Case, But it is a Claim Worth Pursuing.

httpv:// by: Robert J. Nahoum THE PROBLEM: You’ve just been sued by a debt collector on an old debt.  You hired a lawyer to defend you and the lawyer tells you that the debt collector has violated federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA).  But, your lawyer also tells you that the FDCPA violation doesn’t […]

Are Debt Collectors Getting Away With Illegal Debt Collection Under The Watchful Eye Of A Chapter 7 Trustee?

by: Robert J. Nahoum I. SUMMARY A Chapter 7 bankruptcy trustee represents the estate of Chapter 7 bankruptcy debtors and is responsible for recovery, preservation, liquidation and distribution of the Chapter 7 estate assets.  Among the property of the estate are causes of action or lawsuits for wrongful damage caused to the debtor.  For example, if the debtor was injured when […]

When Is A Residential Mortgage Loan Servicer A Debt Collector?

  By: Robert J. Nahoum I. SUMMARY Federal debt collection laws not only regulate the collection conduct of traditional collection agencies but attorneys and, in some circumstances, loan servicers. In the name of thin-profit margins, the current mortgage foreclosure crisis has pushed many loan servicers and bank attorneys to limits of these consumer protection laws. Those found to have violated debt […]