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The FDCPA Definition of a Debt Collector The Federal Legal Standard The Fair Debt Collection Practices Act defines a debt collector at 15 U.S.C. § 1692a(6) as: Any person who uses any instrumentality of interstate commerce or the mails in any busine… Read More

Phase 0: Pre-Service Filing Period (Before You’re Served) What Most People Don’t Know About Pre-Service Defense Most people think a debt collection lawsuit begins when they are served. In practice, that is often the second step, not the first… Read More

Understanding Who Is Really Suing You Not all debt collection lawsuits are created equal. The legal rules do not change, but the plaintiff’s ability to meet those rules does. There are only two categories you will encounter: Original creditors Debt… Read More

After more than 30 years defending consumers against debt collectors, I’ve heard every excuse, myth, and misconception imaginable. People cling to these beliefs because they feel safer than taking action. The problem is that these myths do not prot… Read More

This is one of the most terrifying questions I hear from people facing debt collection lawsuits: “Can they really take my paycheck and empty my bank account?” The short answer is yes – but only after they jump through specific legal… Read More

Being served with a debt collection lawsuit triggers one immediate question: How much time do I actually have to respond? The answer is rarely straightforward. Response deadlines vary by state, court type, method of service, and even how days are cou… Read More

You do not always need a lawyer to defend yourself in a debt collection lawsuit. In many cases, especially debt buyer lawsuits under ten thousand dollars, people successfully defend themselves without an attorney when they understand the rules, deadl… Read More

When someone hands you legal papers saying you’re being sued by a debt collector, you’re actually receiving two completely different documents. Most people don’t realize this, and it costs them dearly. After 30 years of defending co… Read More