Creditors have several alternatives or methods to collecting debts. “Extra-Judicial Remedies,” or remedies not involving a court proceeding Pre-judgment Court Remedies “Remedy by Judgement,” or court proceedings to collect a final court judgment Additionaly, some creditors may have special rights to collect debts in the form of liens. Extra-Judicial Remedies There are two common extra-judicial […]
Category: Consumer Law Center
Insider Tips on How to Deal With Debt Collectors
Do you feel like you are being harassed by a debt collector? It never feels good to be behind on your bills, and it can be difficult and even overwhelming to deal with phone calls and letters from seemingly uncaring debt collectors. However, there are several steps that you can take to ease the situation […]
401(k), IRAs, and Other Investments: Which is right for you?
If you have a little extra money sitting in your savings account at the bank, you may be wondering if there is a better way to invest your money. With interest rates at banks and credit unions at low, stagnate levels, the answer to your question is probably yes. The decision to invest your money […]
Collection Agency Lawsuits: Are You At Risk?
Depending on the circumstances, a creditor’s lawsuit could cost you a portion of your wages, your checking account balance or even your home. Original creditors rarely sue debtors, preferring instead to turn delinquent debts over to collection agencies. A collection agency’s sole responsibility is recovering debt, and some collection agencies will go to great lengths […]
Your Rights Under The Fair Credit Reporting Act (“FCRA”)
The Fair Credit Reporting Act (FCRA), passed in 1970 and amended multiple times since, regulates the collection and use of consumer credit information. Enforced by the Federal Trade Commission (FTC), the FCRA provides certain rights to consumers related to their credit. The FCRA rights are minimums; if your state law provides more rights, then those […]
Mortgage Deficiencies: Is Your Spouse Responsible for Post-foreclosure Debt?
Foreclosure has a devastating effect on families and can carry consequences far more dire than just the loss of your home. Not only does a foreclosure cause severe damage to your credit rating, your lender can demand that you pay the difference between your unpaid mortgage balance and the home’s post-foreclosure sale price. Depending on […]
The Fair Debt Collection Practices Act (“FDCPA”) Explained
Learning about the Fair Debt Collection Practices Act is important, even if you do not have credit accounts. The protections allowed by this legislation affect everyone, but it is mostly directed towards consumers with debt problems and those who are in the debt collection business. The Fair Debt Collection Practices Act The Consumer Credit Protection […]
Reasons Why You Should Always Have A Written Rental Agreement
California law permits landlords and tenants to have a verbal rental agreement for tenancies that do not exceed a period of one year from the date of the making of the contract. However, having only a verbal contract is both foolish as well as risky! It is always beneficial for both the landlord and the […]
A Legal Guide To Purchase & Sale Of Homes
OVERVIEW The purchase or sale of a home is often the largest single transaction that an individual will enter into over his/her lifetime. Real estate transactions involve many legal issues, including taxes, financing considerations, insurance and title examination, to name a few. The technical aspects of a real estate transaction are often complicated; this section […]
What to Do If You Are Sued in Small Claims Court
If you are ever sued in small claims court, you should always take the matter seriously, even if you think the allegations against you are ridiculous. Because attorneys are not involved in small claims, it is up to you to put your best foot forward to win your case. What is small claims court? Many […]