The first thing I do when a potential client comes with a lawsuit on a debt is to check to make sure it was filed in the correct place. I do this check because a lawsuit filed in the wrong place is usually a violation of the Fair Debt Collection Practice Act (FDCPA). Finding aContinue reading “First thing I do when I review a debt lawsuit.”
Category Archives: debt collection
How to resolve an old judgment when you can’t find the person to pay.
As an example, let us say you got evicted in 2016 and your landlord got a judgment for $1500 against you. You forgot about the matter because you own your own home. But now you want to sell your house and the title company says you must take care of the judgment before they willContinue reading “How to resolve an old judgment when you can’t find the person to pay.”
What does it mean to “re-age” a debt?
To “re-age” a debt is to change the date the debt was defaulted. A debt is defaulted when a consumer fails to make a payment as scheduled. By re-aging a debt, a debt collector can make it appear that a debt is newer than it is. By making old debts look newer, debt collectorsContinue reading “What does it mean to “re-age” a debt?”
Identity theft and debt collection
Identity theft can ruin a credit score. After the thief steals an identity, they will use the stolen identity to make purchases on credit and then disappear. The victim is left to deal with the debt collectors and the consequences. Debt collectors should cease collection efforts after they receive notice that the debt resultsContinue reading “Identity theft and debt collection”
How to dispute a debt with a debt collector
Consumers have the right to dispute debts in collection. The best way to dispute a debt is in writing with trackable delivery. Sending a letter via certified mail return receipt requested with the United States Postal Service is the gold standard method. First, pull a copy of your credit report. Second, carefullyContinue reading “How to dispute a debt with a debt collector”
You should never* default on a debt collection lawsuit
A default judgment is the legal version of a forfeit victory. When the defendant doesn’t “show up” by filing an answer to lawsuit so the plaintiff wins by default. Debt collectors like Midland Credit Management, Inc. (“Midland”) and Portfolio Recovery Associates, Inc. (“PRA”) rely on default judgments. These debt collectors know consumers usually file noContinue reading “You should never* default on a debt collection lawsuit”
Texas is the Wild West for debt collection
The only requirements to operate as a debt collector are obtaining a $10,000 surety bond and filing it with the Texas Secretary of State.
Who is Phoenix Recovery Group?
You may have seen an entry on your credit report for something named “Phoenix Recovery Group”. Phoenix Recovery Group is the assumed name for Tolteca Enterprises, Inc. Phoenix Recovery Group is a Texas based debt collector formed in 2002. They frequently collects debts related to apartment leases. Phoenix reports information on apartment debts to makeContinue reading “Who is Phoenix Recovery Group?”
Misrepresenting the amount of a debt
The best Fair Debt Collection Practices Act (“FDCPA”) cases are simple. And one of the simplest type of cases is a debt collector collecting the wrong amount. In legalese, a debt collector who tries to collect the wrong amount is “misrepresenting the amount of the debt.” This violates 15 U.S.C. 1692e(2)(a) of the FDCPA. ThatContinue reading “Misrepresenting the amount of a debt”
Landlords must mitigiate damages.
One of the most common violations of law I see regarding collection of debts related to apartments is a landlord’s failure to mitigate damages. Chapter 91.006 of the Texas Property Code imposes this duty on landlords: Sec. 91.006. LANDLORD’S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if aContinue reading “Landlords must mitigiate damages.”