Motion for Summary Judgment Filed Against LVNV Funding for Alleged Illegal...
In connection with co-counsel, Culik Law has filed a motion for summary judgment against the debt collector LVNV Funding. The motion asks a judge of the Business Litigation Session of the Massachusetts...
View ArticleConsumer Wins Jury Verdict Against Debt Collector LTD Financial for Violating...
A federal jury decided that debt collector LTD Financial Services violated the Fair Debt Collection Practices Act, a decision that may reverberate throughout the debt-collection industry. In the...
View ArticleRequesting Payment on Time-Barred Debts Not an FDCPA Violation if Done in...
The Supreme Court recently ruled on the issue of whether a debt collector violates the Fair Debt Collection Practices Act when they file a request for payment in a bankruptcy when the debt is past the...
View ArticleIn Partial Victory Against Debt Collector LVNV Funding, Consumers Ask Mass....
LVNV Funding is one of the largest debt collectors operating in Massachusetts. LVNV and its collectors file debt-collection lawsuits, send dunning letters, make collection calls, and engage in credit...
View ArticleBank Not a Debt Collector Under the FDCPA, Says Supreme Court
The Supreme Court has issued a long-awaited opinion addressing what type of company qualifies as a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The high court held that a bank...
View ArticleLustig, Glaser & Wilson, Leading Mass. Debt Collection Firm, Settles for $1m...
The self-proclaimed “leading debt collection law firm in Massachusetts,” Lustig, Glaser & Wilson, has agreed to pay $1 million to settle allegations of unfair and deceptive conduct related to...
View ArticleCulik Law Vacates Judgments of Debt Buyer CACH, LLC
In two recent cases, Culik Law obtained court orders vacating default judgments against Massachusetts consumers by debt buyer CACH, LLC. The judgments had been entered against a Massachusetts consumer...
View ArticleConsumers’ Brief Filed in Massachusetts Class Action Against LVNV Funding
On behalf of a class of Massachusetts consumers alleging that the debt collector LVNV Funding engaged in illegal collection practices, Culik Law, along with co-counsel, has filed a brief in the...
View ArticleNCSLT Loses Lawsuit and Appeal, Can’t Prove it Owns Student Loans, in Case...
National Collegiate Student Loan Trust, usually just called NCSLT, isn’t a one company, but instead a collection of trusts who purchase private student loans originated by more than 50 lenders,...
View ArticleDebt Collector Tries to Force Sale of Consumer’s FDCPA Claim Back to the Debt...
In an unusual maneuver, a debt collector tried to use its judgment against a consumer to forcibly sell her FDCPA claim against the debt collector, which the debt collector itself was then going to...
View ArticleCourt Limits Application of FDCPA Validation Provisions
Under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, debt collectors are required to provide verification (also sometimes called validation) of a debt being collected if a consumer sends a...
View ArticleWhat is the “Meaningful Involvement” Doctrine Under the Fair Debt Collection...
The Fair Debt Collection Practices Act (FDCPA) is the federal law regulating the conduct of debt collectors. It ensures that debt collectors not act unfairly, deceptively, or disrespectfully when...
View ArticleSettlement Finalized with Debt Collector and Debt Buyer First Resolution...
Providing relief to thousands of Massachusetts consumers, a class-action settlement with the debt buyer and debt collector First Resolution Investment Corporation has been approved by a judge of the...
View ArticleToo Late! Consumer’s Debt Collection Lawsuit for Violating FCRA, FDCPA,...
A federal court decision shows how important it is to bring legal claims – by actually filing them in court – a within the time permitted by law. It also provides refresher on the statutes of...
View ArticleWhat Should You Do if You Were Subject to Collection by Ratchford Law Group?
Who is Ratchford Law Group? Our office has represented consumers who were sued or collected from by Ratchford Law Group, a debt collection law firm. We have created this article to give some basic...
View ArticleShould You Choose a Bench Trial or Jury Trial in a Debt Collection Lawsuit?
When a debt-collection lawsuit goes to trial, it can either be a bench trial or a jury trial. Which is the best option for consumers defending against a lawsuit filed by a debt collector? There are...
View ArticleWhat Should You Do if Champion Funding is Trying to Collect a Debt From You?
Champion Funding is a Massachusetts company that buys old bad debts and collects on them, mostly by suing Massachusetts residents. This type of company is called a “debt buyer” – it doesn’t issue...
View ArticleWhat is a Claim for “Account Stated” in a Debt Collection Lawsuit?
What does it mean if there is a claim against you for “account stated” in a debt-collection lawsuit in Massachusetts? How do you defend against it? This post answers these questions. Most lawsuits...
View ArticleMA Attorney General’s Coronavirus Debt Collection Protections Invalid, Says...
One of the biggest concerns we’ve heard from clients about over the last six weeks is debt and the available debt collection protections. With economic uncertainty or job loss, no one wants to start...
View ArticleThe Top 4 Defenses for Stopping a Debt Collection Lawsuit
There are many defenses that can be raised to a debt collection lawsuit, but there are four top defenses that are used by consumers when sued by a collector sues you. This post describes those...
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