When someone is talking to your neighbors, usually there are two different reasons for this.
This, unfortunately, happens fairly often in Alabama.
A consent judgment is where you agree to have a judgment against you in a collection lawsuit.
A judgment is a document that is from the judge and filed into court. It states that the debt collector can get money from us.
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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 big part of my practice is suing debt collectors in Alabama.
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.
Alabama Consumer Law Blog