Payday Loans: Myths and Facts!

21 Feb Payday Loans: Myths and Facts!

Posted at 19:10h in Creditor Harassment, Debt Collection Lawsuits, Interest and Fees, Payday Loans by Kevin Gipson, New Orleans Bankruptcy Attorney 0 Comments

More often than not these days, the clients I see who are considering bankruptcy have taken out one or more Payday Loans. Generally speaking, a Payday Loan (also referred to as a Cash Advance Loan) is a small loan that at least in theory, is paid...

29 May Credit Card Judgment: Too Late For Bankruptcy?

Posted at 18:54h in Automatic Stay In Bankruptcy, Bankruptcy Basics, Creditor Harassment by Wendell Sherk, Missouri Bankruptcy Attorney 0 Comments

Credit cards file lawsuits to show they're upset and they miss your payment. If they win, they have a judgment against you. It's not unusual for debt collectors to say bankruptcy doesn't "work" then. They're wrong! Bankruptcy filings stop collection of debt in its tracks. That's...

18 Mar Debt Collectors Serve A Purpose, Even To People Who Owe Money

Posted at 01:32h in Creditor Harassment by Jay Fleischman, Esq. 0 Comments

Consumer protection lawyers like me are wrongfully trained to hate all debt collectors. The reality is that if someone owes money, there needs to be a collection mechanism in place short of the court system. Getting rid of debt collectors means that each time a bill is...

06 Mar Direct Deposit Requirement may Create Problems for Debt Laden Social Security Beneficiaries

Posted at 07:34h in Creditor Harassment by Jonathan Ginsberg, Esq. 0 Comments

Social Securityâ€™s new rules requiring all beneficiaries to set up direct deposit could create significant problems for beneficiaries who owe money to creditors. Protected Social Security funds that are co-mingled with other monies will likely lose their protected status and could be seized by creditors. Federal law provides that Social Security payments are exempt from garnishment from civil creditors. If, for example, a credit card lender sues you and obtains a judgment, that creditor cannot ask Social Security to withhold funds from your government check. The only exceptions to this rules involve:

tax debts owed to the IRS
child support debt
all claims (including tax and child support) against SSI money. SSI is considered a welfare payment and not subject to seizure by anyone.

Social Security money that is co-mingled with non-Social Security money, however, may lose this special protection.

29 Aug How To Defend A Credit Card Lawsuit Even If You Owe the Money

Posted at 19:00h in Creditor Harassment by Jay Fleischman, Esq. 1 Comment

If you're on the wrong end of a credit card lawsuit, you're faced with the prospect of a judgment against you. If you're smart, you've got powerful weapons you can use. Lots of times you're served with a lawsuit for a credit card debt and think to yourself, I owe the money. Guess I've got no defenses. You're wrong. In fact, there are a number of actions you should take immediately.

05 Jun Are Bankruptcy Attorneys Steering Towards Chapter 13 Cases for Higher Fees?

Posted at 13:04h in Bankruptcy Basics, Chapter 13 Bankruptcy, Creditor Harassment by Adrian Lapas, Esq. 0 Comments

I recently reviewed an article that questions whether bankruptcy attorneys steer their clients into chapter 13 cases when the clients may be better served by a chapter 7 case. I am not here to question the statistical methodology used by any of the authors or...

Creditor Harassment