Conway v. Portfolio Recovery Assocs., LLC, 2014 U.S. Dist. LEXIS 43281 (E.D. Ky. Mar. 31, 2014): Conway is first case accessible online—state or federal—to reach the issue of the statute of limitations for credit card debts. Conway strongly implies that credit card agreements are not contracts in writing within the meaning of Kentucky’s statute-of-limitations laws. […]
Currier v. First Resolution Inv. Corp., 762 F.3d 529 (6th Cir. Ky.2014): Currier holds filing and allowing an unlawful judicial lien to remain in place is an unfair or unconscionable practice that violates the Fair Debt Collection Practices Act (“FDCPA”).
Stratton v. Portfolio Recovery Associates, LLC, 2014 U.S. App. LEXIS 20517, 2014 FED App. 0266P (6th Cir.): Stratton holds that a debt collector cannot recover interest on a debt for a time period before it acquired the debt. The original creditor’s waiver of interest is binding on the debt collector. Stratton construes Kentucky’s usury statute […]
The below is general information only on challenging garnishments under Kentucky law. The information is not legal advice, and should not be treated as such and is subject to the legal disclaimer. If your Wages or Bank Account have been Garnished If you’ve been served with a garnishment, unfortunately your options are limited. A bankruptcy can […]
If you think that you are the victim of identity theft, you probably are. The problem of identity theft is abs If you think that you are the victim of identity theft, you probably are. The problem of identity theft is absolutely staggering. Here’s a summary of the problem found on Trans Union’s website: Identity theft […]
The below is general information only. The information is not legal advice, and should not be treated as such and is subject to the legal disclaimer. Debt validation is a specific right you have under the FDCPA. 15 U.S.C. § 1692g(b). Within 30 days of a debt collector’s “initial communication” with a consumer, you the consumer have […]
The below is general information only. The information is not legal advice, and should not be treated as such and is subject to the legal disclaimer. That said, the below offers some guidance for writing effective dispute letters to remove errors from your credit report. We can help you through the dispute process. Please call or […]
Who is Midland Funding, LLC? Midland Funding, LLC is one of the country’s biggest junk debt buyers. Midland buys old, charged off debt (usually credit card debt) for pennies on the dollar. Midland then attempts to collect the full amount of this debt from hapless consumers. Junk debt is often referred to as “Zombie Debt” […]
I have some very welcome news. FICO is changing its scoring method . Medical debt will no longer count against you. As explained in a recent New York Times article: The creator of one of the most widely used and influential credit scores, FICO, said on Thursday that the latest version of its score would […]
For the 14th consecutive year, identity theft was the top consumer complaint made to the FTC. Of these complaints, one tpe stood out for me: tax-refund id theft. I’d never heard of this one, but this seems to be a serious problem on the rise. As explained by the FTC: The Treasury Inspector General for […]
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