Ultimately, this boils down to a statute of limitation issue, and the FDCPA, or Fair Debt Collection Practices Act.
This is a situation that happens more times than we’d like to think it does.
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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Compensatory damages fix the harm.
The word “damages” means that you’ve been harmed, and that you need to be repaid for those damages.
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.
When consumers are dealing with National Collegiate Student Loan Trust (NCSLT), the question comes up, “Which collection firms sue for these guys?”
There are two law firms that we typically see representing Nation Collegiate Loan Trust in Alabama.
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.
Alabama Consumer Law Blog