Does a collection letter from a collection law firm seeking payment of an alleged homeowner’s association fee constitute a “debt” under the Fair Debt Collection Practices Act (FDCPA)? Yes it does.
The Ninth Circuit faced this question in Mashiri v. Epsten Grinnell & Howell (you can read the Google Scholar opinion here).
The district court (trial court) dismissed the case as it ruled there was no FDCPA violation.
A question that is asked quite often is, “I was sued in Alabama by a debt collector and I’m set for trial. How will I find out if I’ve won or lost after the trial?”
This is a great question.
A good form dispute letter under FDCPA to send to debt collectors
A big part of my practice is suing debt collectors in Alabama.
When you’re handling your Alabama Small Claims debt collection lawsuit on your own, it’s critical that you start with filling out and filing your answer.
While I personally can’t tell you what to fill out in the answer form, I can tell you what you’ll see and explain each choice to you. And help you think through which is the right choice for you.
A common question that we get when we’re dealing with a consumer who is suing an abusive debt collector is, “Why would the debt collector have to pay my attorney’s fees under the Fair Debt Collection Practices Act?”
This is a fair question.
Here is a transcript of consumer protection related questions and answers we covered in our live webinar on November 20, 2015.
We hope you find these helpful — please continue to submit questions to us and we’ll do these live webinars again.
Can a Debt Buyer Really Sue Me?
This question is a natural question when you have been sued by some debt buyer such as LVNV, Midland Funding, Portfolio Recovery, etc.
A default judgment is what we get if we don’t respond to a lawsuit within the time limit we are given.
If we were sued in Small Claims or District Court, then we have 14 days from the time we were served to respond.
When you’re dealing with a debt collector or debt buyer who is suing you, you may wonder, “What exactly is the Statute of Limitation on an old credit card debt in Alabama?”
We believe that it’s 3 years. This is known as an “open account” — the credit card had no fixed term. Its not like a car loan (60 months) or a home loan (30 years) — instead you can use it or pay it down. And then the next month you can use it or pay it down more (as long as make the minimum payments).