Asset Protection Law Journal

Asset Protection Law Journal

Helping individuals and businesses take advantage of asset protection laws

Category Archives: Creditors’ Rights

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Nursing Homes Use Guardianship Law as a Collection Tool

Posted in Creditors' Rights, Estate Planning
An amazing article on the front page of today’s New York Times reports that nursing homes in New York are increasingly seeking guardianship over certain residents simply to gain control of their finances.  The author, Nina Bernstein, acknowledges that in some instances, a nursing home might seek guardianship because there is no relative capable of… Continue Reading

Debtors Are Often Easily Victimized By Bogus Collection Agencies

Posted in Benefits of Asset Protection Planning, Creditors' Rights
Anyone who is deeply in debt knows the terrible stress and fear that often results from being in that situation.  So it is no surprise that many debtors are easily victimized by phony collection agencies.  A recent article by Sheryl Harris in the Cleveland Plain Dealer highlights a scam by a Georgia collection agency that… Continue Reading

Federal Agency Receives Thousands of Consumer Complaints About Debt Collectors

Posted in Creditors' Rights
An article in last Sunday’s Cleveland Plain Dealer by Sheryl Harris noted that since July, the Federal Consumer Financial Protection Bureau (CFPD) has received more than 5,300 consumer complaints about debt collectors.  More than 40% of those complaints were by people who said they were being pursued for debts they do not owe.  Other complaints… Continue Reading

Beware Of Debt Collection Scams

Posted in Creditors' Rights
A recent article in the Cleveland Plain Dealer put the spotlight on phantom debt collectors.  The Federal Trade Commission has shut down bogus debt collectors in the past, but this continues to be a significant problem.  If you are in debt, you need to be sure that any debt collection efforts against you are legitimate. … Continue Reading

New Federal Agency Will Monitor Debt Collection Companies

Posted in Creditors' Rights
Debt collection companies will come under federal supervision beginning in January when the Consumer Financial Protection Bureau begins its oversight of large collection agencies.  The new federal agency will have authority to issue rules that will be binding on the larger debt collection companies throughout the United States.  An October 24, 2012 article in the… Continue Reading

Credit Card Debt Collection Plagued with Problems

Posted in Creditors' Rights
 Credit card companies certainly have the right to collect legitimate debts.  But a recent New York Times article by Jessica Silver Greenberg reports that many of the recent lawsuits being filed by credit card companies rely on erroneous documents, incomplete records and generic testimony. I recently represented a third-generation business owner who lost his business… Continue Reading

Debt Collectors Now Pursuing Patients Inside Hospitals

Posted in Creditors' Rights
A front page article in yesterday’s New York Times (by Jessica Silver-Greenberg) reports that hospital patients waiting in an emergency room (or even convalescing after surgery) may find themselves confronted by a debt collector — right in the hospital!  The Minnesota attorney general, Lori Swanson, claims that one of the nation’s largest medical debt collectors (Accretive Health)… Continue Reading

Another Debt Collection Firm Agrees to Change its Collection Practices

Posted in Creditors' Rights
Debt Collector NCO Financial Systems will pay $1.5 million and change some of its collection practices to end an investigation by 19 states, including Ohio.  That is according to an article today in the Cleveland Plain Dealer, by its Consumer Affairs Reporter, Sheryl Harris.  The article reports that consumers in various states may be eligible for… Continue Reading

Even Libraries Are Using Debt Collection Agencies

Posted in Creditors' Rights
According to a recent article in The Cleveland Plain Dealer, the Cleveland Public Library has hired a national collection firm to recover fines and overdue items.  Director Felton Thomas reported that the agency had collected $550,000 in fines and $2.6 million worth of outstanding material; and fees were less than $90,000.  So it would seem that using… Continue Reading

Debt Collectors Sometimes Go Too Far

Posted in Creditors' Rights
The Ohio Attorney General’s office recently settled a lawsuit filed against Allied Interstate, one of the country’s largest debt collectors.  According to the Columbus Dispatch, Allied Interstate agreed to pay $150,000 and make changes in its practices.  Allied faced two dozen allegations of misconduct after a state investigation — for instance, calling before 8:00 a.m.… Continue Reading

Debt Collectors: What They Can and Cannot Do

Posted in Creditors' Rights
A July 31, 2011 article in The Sacramento Bee had a good summary of what a debt collector can and cannot do.  The article was written by Claudia Buck (McClatchy Newspapers).  It included excerpts from an interview with Robert Tavelli, former president of a private California debt collection firm. Debt collectors are subject to a… Continue Reading

Creditors Have Many Options Once They Have a Judgment Against You

Posted in Creditors' Rights, Fraudulent Conveyances, Ohio law
An article in the September 20, 2009 Business section of the Cleveland Plain Dealer contains a good summary of the various remedies available to a creditor who has a judgment against you.  Cleveland Plain Dealer columnist Sheryl Harris is discussing a $3,000 judgment obtained in a small claims court in Rocky River, Ohio; but the… Continue Reading
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