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Banks not Debt Collector under FDCPA

Bank Not a Debt Collector Under the FDCPA, Says Supreme Court

The Supreme Court has issued a long-awaited opinion addressing what type of company qualifies as a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The high court held that a bank who collects debts that it owns, even though the bank purchased the...

fdcpa and business debt

Fair Debt Collection Practices Act Held Not to Apply to Business Debt

A recent Massachusetts decision reaffirms the important distinction between business debt and consumer debt when dealing with the Fair Debt Collection Practices Act (FDCPA) and the Massachusetts debt collection law, Mass. Gen. Laws chapter 93, section 49. The protections of these laws do not apply to...

5 Tips for Stopping Debt Collectors in Their Tracks

There are many ways to fight back against debt collectors. But to stop them cold, a few tips are worth repeating. These tips may not apply to every debt, but at least one of them might apply to yours. 1. Check the statute of limitations. Under Massachusetts...

Culik Law Bankruptcy

What is a Bankruptcy 341 Meeting?

Some questions we receive regarding the bankruptcy process include how the court-appointed Trustees are involved, and what the Trustee meeting or 341 meeting is. Once a bankruptcy case is filed, a court-appointed Trustee is automatically assigned to your case. Their job is to represent your unsecured...

Americans Raising Their Personal Debt Ceilings Again

Consumer debt has increased each month in 2011, according to New Reserve statistics. The total consumer debt rose by 2.5 percent just in May alone. And recent surveys show that lending institutions expect half of all credit card balances will rise over the next six...