Hodges v. Armada
This is a link to the Hodges v. Armada case
Collection Agencies Lie About Bankruptcy
I have received more and more complaints from consumers about collection agencies trying to collect on discharged debt, particularly debt that has been discharged in bankruptcy. There are some really important things to know about bankruptcy and the collection of discharged debt.
First, if you filed for bankruptcy before October 2005, your debt was discharged whether or not it was listed in your bankruptcy. There is a very common mis-perception that all of your debt had to be listed in your bankruptcy to be discharged. Not so. If you filed for Chapter 7 Bankruptcy and you had a “no asset” case, then all of your debt discharges whether or not it is listed in your bankruptcy petition. A no asset case is one in which the creditors received no money from the sale of your property. The vast majority of consumer bankruptcies are no asset cases. Your creditors will lie to you and tell you that any debts not listed in your bankruptcy did not discharge. This is false!
Second, you need to be sure that the collection agency knows about the bankruptcy. You need to send them written notice which contains you bankruptcy case number. The best thing to do is send them a copy of your bankruptcy discharge. If they ignore it, you will get money from them! I just helps a lady get money from a collection agency yesterday. The collection agency ignored the notice and continued to call her, and BINGO. Money in her pocket!
This is one of the debt elimination secrets I share with you in my protocol. You can have access to my
debt elimination system by visiting Legal Credit Cures.
Remove Negative Data from Your Credit Report
Repairing your credit report is essential to your financial health. You may have been the victim of identity theft, you may have a common name so you get other peoples information on your consumer report, or you might just be concerned about your reputation. For whatever reason, if you need to repair your credit report, you need to understand the Fair Credit Reporting Act. This is the Federal Law Consumer Protection Law which helps Consumers in their quest for a better FICO score. After all, these days your Fair Isaac Score is your economic DNA.
Anytime you apply for credit, apply for insurance, or apply for a job, people make determinations about you based on your credit report. They determine what kind of person you are. If you have had credit problems, collections or liens against you, your consumer report will show these. If the information is accurate it can be very difficult to get it removed from your credit report.
The Fair Credit Reporting Act does lay out a procedure for getting erroneous data off of your credit report. You must follow the procedures spelled out in the FCRA. There are other methods of getting information off of your report as well. This involves a strategy involving the Fair Debt Collection Practices Act and other Consumer Protection Laws. If you know how to make all of the laws work together for you, you will have greater success. It is all part of a debt elimination system to help people with debt problems and credit problems. It is a rescue for consumers and debtors who are in financial trouble. It is called Legal Credit Cures.
Legal Credit Cures is my protocol for helping you through a financial meltdown. It shows you how to handle a foreclosure. It can help you with Student Loans. It can help with repossessions and credit card debt. In additions it also includes credit report repair. I have reviewed over a hundred programs that claim they help consumers with their financial trouble. Most of them only help the creators of the programs get rich. I have seen programs that cost $6,000.00. I have sued people who sell this garbage.
Legal Credit Cures is a solid protocol to help you with finances. It covers everything, even when to file for bankruptcy. If you end up filing for bankruptcy, you can rest assured that you have done everything you can before you file. Legal Credit Cures is the program that is truly honest with the consumer, and does not try to hype some obscure legal theory to make it work. It is based on your rights guaranteed by Federal Consumer Protection Law. The only reason you cannot tap into this power is because you don’t know about it. If you educate yourself, you will be able do battle with your creditors and come out ahead. Give it a try.
Legal Credit Cures
Debt Elimination Scams
Have you been the victim of a Debt Elimination Scam? There are many of them out there. There are two types that I have seen and people are getting hurt by them. First there is the “money out of thin air” scam. This scam states that banks have not lent you money and as a result you do not have to pay them back, or you can pay them back with fake money, something called a sight draft. The second scams tell you to stop paying your bill and pay a company which will negotiate with your creditors to settle your claims for pennies on the dollar. Both are scams and you may have been taken by one.
The money-out-of-thin-air scam goes something like this. They will tell you that when you get a credit card the bank signs a promissory note for you and deposits it in their account. Then as you make charges they simply pay those charges based on that promissory note. This is bad accounting because they are taking a piece of paper and making it an asset. Because the bank engages in bad accounting they have breached their contract with you and you don’t have to pay. They advise you to stop paying your bills and demand a verification of all purchases you made on your credit card. They don’t do it and consequently your debt is discharged. Cool.
Only problem is it doesn’t work. Many of the banks will sue you at the end of the day. By then these scam artists will run, or supply you with some very confusing court documents that you have to file yourself. They will tell you that they are not attorneys and that most attorneys do not understand the complexity of their system. They will tell you not to hire an attorney because attorneys are stupid and cannot understand the law. Once you file their forms you are committed to the confusing legal theories. They are very confusing. The judges can’t understand them, you can’t understand them and the bank’s attorney will make you look like a donkey for using them. Besides, think about it, you run around with this piece of plastic paying for lunches, appliances, and all types of consumer goods, and now you come to court saying “it was fake money.” You are going to look like a donkey!
The only thing, and I mean the only thing that gives these programs an ounce of success is the Fair Debt Collection Practices Act. This is a federal law which governs the conduct of debt collectors. If the collection agency violates the act in the process of collecting the debt, you then have some leverage to negotiate some or all of the debt away. The rest of the program is nonsense. I have seen these programs sell for up to $6,000.00. But $2,500.00 is about the average.
The Debt Consolidation scams are based on you making payments to a company who negotiates settlements with your creditors. The contracts I have seen require a set up fee in the neighborhood of $500.00 and monthly maintenance fees of about $60. One program also charged you a 25% fee for any debt that they negotiate away for you. I calculated the total fees on these programs and they are in the neighborhood of 50% of the debt you owe. If you owe $10,000.00 in debt, they charge you $5,000.00 to
eliminate your debt.
Here is the big problem. They pay themselves first. Your creditors do not receive any payments for the first four to six months because your payments to them are for fees. After you pay their fees then they save your money to “negotiate” with the creditors. Do you think your creditors will sit around for six months waiting for someone to negotiate a settlement with them on your behalf? Of course not. After a few months, they will start to send your debts to a collection agency, sue you, or sell the debts. In the meantime the late charges and extra interest are going to kill you.
After making 10 payments to these guys, you will probably get sued by one of your creditors, they will start to garnish your wages and then you can’t afford to pay the $245.00 per month to be in the program. They have made about $1,500.00 off of you, you might get a couple hundred bucks back and then you will end up in bankruptcy court. I am not speaking out of hand, I have seen this happen time and time again.
If something sounds like snake oil, looks like snake oil and leaves you feeling like you bathed in snake oil, it’s probably snake oil. If you are paying more than a hundred bucks for a solution to your debt problems you are paying too much.
Legal Credit Cures is a website that I developed to educate people about their rights under federal law. It gives you a step by step protocol for dealing with your debts. It covers the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Fair Credit Billing Act. It explains bankruptcy and foreclosure. You can try it risk free. I guarantees your satisfaction. If you are not happy, you get your money back. No questions asked.
As a consumer attorney I have seen hundreds of scams out there.
Legal Credit Cures is not one of them. It is the program that is truly honest with the consumer, and does not try to hype some obscure legal theory to make it work. It is based on your rights guaranteed by federal law. The only reason you cannot tap into this power is because you don’t know about it. If you educate yourself, you will be able do battle with your creditors and come out ahead. Give it a try. You won’t regret it.
Legal Credit Cures