Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current nuggets of information to strengthen your already brilliant defense. A little more substance goes a long way.
- Ordinarily, collection lawyers are not allowed to communicate directly with consumers who attorneys represent.[1] But when it comes lawyers enforcing money judgments, latitude is afforded "as reasonably necessary to effectuate a postjudgment judicial remedy."[2] This exception may apply to exemption notices and foreclosure notices.
- Debt Buyer, Midland Funding, is under pressure by the United States Supreme Court for its collection practices, including starting lawsuits on time-barred debt (too old; past the statute of limitations). See the article here.
- Lack of clarity in a debt buyer's assignment history (chain of custody), especially documents that contradict each other, may give rise to suing that debt buyer under the Fair Debt Collection Practices Act.[3]
- Student-loan collector, Navient (Sallie Mae), was sued by the Consumer Financial Protection Bureau for bad practices in its student-loan collections. See the article here. Navient allegedly mishandled loan payments and set obstacles for borrowers trying to release co-signors.
- Here is a solid list of grounds to dismiss your lawsuit.
- Exemption update: Any property held in trust for a judgment debtor is exempt (check!), and 90% of all income from such trusts is exempt. This includes retirement plans.
Debt Defense: Tips & Hacks" Summary
- Communication Limits: Collection lawyers can't directly contact represented consumers, except for enforcing judgments.
- Collection Practices Scrutinized: Cases like Midland Funding's highlight legal limits in debt collection and potential lawsuits for irregularities.
- Asset Protection Enhanced: New laws exempt properties and most income in trusts for debtors, including retirement plans.
