Orlando Debt Collection Scam

Debt Collection ScamThe assets of and Orlando-based debt collection company were frozen by Attorney General Pam Bondi after its employees were accused of collecting debt through illegal means.

The company goes by the names Vanderbilt & Associats, LLC and Buchanan Capital Management. The employees of the company were allegedly posing as police officers and government officials in order to scare victims into paying the so-called debts. The company is also accused of collecting debts they were not authorized to collect because they didn’t exist or had already been paid. Authorities say that some victims were scammed out of more than $200,000.

Merril Miller, the owner of the company, claims that the enterprise is a legal collection agency and denied instructing his employees to pose as law enforcement officers.

“If I was [going to be arrested] he would’ve arrested me right here.” Miller said.

Miller’s company was served with a warrant on March 1, 2013. Authorities seized 50 computers in order to go through the hard drives to search for evidence and additional victims.

If you are being harassed by debt collectors, whether the debts are legitimate or not, you have rights. Keep a log of all communications with the debt collection agency and contact an attorney.

Souce: WFTV

*Image courtesy of Stockfreeimages.com

Debt Collection Scams

Debt Collection ScamsThere are many debt collection scams going on across the country. Allied Litigation Group, a company that claims to be based out of Houston, Texas, has been named a phony debt collection agency by the Better Business Bureau.

It is only one of the debt collection scams affecting people nationwide. Complaints against the “company” have been filed with attorney generals in Texas, Ohio, Florida, and the Federal Trade Commission.

The language company employees used in the calls was described as “very aggressive, very threatening, and very angry.” They claimed they were criminal investigators or court officers who had warrants or court-proceedings against the alleged debtor, and even threatened them with arrest.

In addition, the company would not provide proof of the alleged debt to the people they were calling. “They have never sent me proof,” said Patrick Gaghan, one of the people who filed complaints against Allied Litigation Group. “They just kept demanding money or saying they’re getting warrants for my arrest.”

If you receive a call from a debt collector, do your homework. Debt collectors are required by law to provide you with a written statement of how much is owed and to whom the money is owed. If you have further skepticism, you can call the original creditor to ask if the debt has been turned over to a collection agency.

If a debt collector threatens you with arrest, this is a BIG warning sign.   The Constitution of the State of Florida, Section 11, states that “no person shall be imprisoned for debt, except in cases of fraud.”

This is not always the case, however. In some states, debt collectors are manipulating courts by asking the debtor submit a document called a Fact Information Sheet or appear in court for an “examination” of the debtor’s ability to pay. If the debtor does not comply, they may be held in contempt of court, which may result in a warrant for their arrest.

If you are receiving calls from a debt collector, legitimate or not, a Florida debt collection attorney can help you understand your rights and how you should go about resolving the issue.

Sources: Law Firm Newswire ; Daily Finance ; KHOU.com

*Photo Courtesy of stockfreeimages.com

Debt Collection – Know Your Agreement and the Law

Whenever you enter into a contract, it is important to read the fine print. It is also important to have an attorney review the contract so that you fully understand the contract and the laws that are applicable to the contract.

Most contracts for credit cards and other such contracts contain clauses that state not only where a suit must be filed, but also what state’s laws apply to any legal claim that may arise out of the contract. It is also important to know and understand the Fair Debt Collection Practices Act (FDCPA), so that you can protect yourself from creditors.

If you are having a problem with creditor’s or would like a contract of yours to be review by our attorneys, please call the Boyer Law Firm today.

Bank calls grieving widow almost 50 times a day in regards to her husband’s debt

Have you been harassed by a debt collector? Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system.

Take a look at the situation in the story below:

“Bank of America bombarded a grieving widow with calls up to 48 times a day to remind her that her recently deceased husband had missed a mortgage payment, it is claimed.

Deborah Crabtree, from Honolulu, Hawaii, is suing the bank after she said she was called by debt collectors as often as every 15 minutes including during the wake for her husband.

According to papers filed in Hawaii, Mrs Crabtree told the bank that she would pay the debt as soon as she received her husband’s life insurance pay out, but the bank continued to threaten to foreclose on her home. The bank told the widow that it was unable to stop the calls until the debt was paid as they were computer generated.”

Debtors must know that they have certain rights as debt collectors cannot:
• telephone you an unreasonable number of times
• telephone you at any unusual time or unusual place
• disclose information about your debts to third parties
• use profane or other abusive language
• contact you after written notification that you do not want to be contacted any further
• claim to be affiliated with any governmental organization
• misrepresent the character, amount or legal status of a debt
• threaten to take any action that cannot be taken legally
• accuse you having committed a crime
• threaten or communicate false credit information
• attempt to collect until honoring your request to validate
• use deceptive methods to collect debts
• call you before 8:00 a.m. or after 8:00 p.m.
• Call you, but not announce who they are
• Talk to your employer about your debt
• continue collection efforts until honoring a request by you to validate the debt

Read more: http://www.dailymail.co.uk/news/article-2033465/Bank-America-called-grieving-widow-48-times-day-remind-husbands-debt.html#ixzz1ZkRukIAx

If an unscrupulous debt collector is harassing you, Boyer Law Firm, PLLC can help you fight back.

What you can do to maintain your attorney-client privilege!

The attorney-client privilege is a sacred thing. It provides protection to the matters you discuss with your attorney that relate to your case. However, there are ways that you as the client can break the attorney-client privilege that can be detrimental to your case.

It is important for a client to be candid with their attorney so that the attorney can develop a strategy that will best help the client. This means that communication between the attorney and client is highly encouraged. Whether the communication is on the phone, in person, or via text or email, there are certain things as a client that you must be aware of in order to protect your attorney-client privilege.

When speaking with your attorney on the phone, make sure that no one is around or listening to your conversation. If a third party is near you and you are aware that they can hear your conversation, you are essentially offering information to that third party that is not involved in your case. Doing so can dissolve the attorney-client privilege regarding whatever you say during such a conversation. The same applies to speaking with your attorney in person; if for example, you are meeting with your attorney in a public setting.

Another thing to be aware of is use of communication mediums that are owned or monitored by your employer. Many employers that provide cell phones to their employees have access to text messages through the business’ account. It is wise not to use your work phone to communicate with your attorney. That same applies even more so to use of your work email. Emails can and will be saved by your employer on their server for some amount of time and because your employer has control over those emails, you may have broken the attorney-client privilege regarding any information that you share with your attorney through those emails.

The attorney-client privilege is important because it protects the information you share with your attorney from being uncovered by the attorney representing the other party in your case. Because it works to protect the information you share as a client, it is doubly important because in doing so it allows a client to be forthcoming and truthful about all matters related to the case.

How can an experienced fair debt collection practices attorney help me?

Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system.

What are my rights under the debt collection laws?

Within five (5) days of the first communication by a debt collector to a consumer, the debt collector must give the consumer a 30 day notice of the right to dispute the debt. If the consumer provides written notice of her intention to dispute the debt, then the debt collector must stop all collection activities until it obtains and provides the consumer with verification of the debt.

Regardless of whether you dispute the debt, you can ask the debt collector to stop all contact. If you do this, the debt collector can only contact you one more time to inform you of whether it intends to file a lawsuit.

How can an experienced fair debt collection practices attorney help me?

If you have been harassed by a debt collector, an experienced attorney will be able to sue on your behalf for damages. If you prevail, the debt collector has to pay attorneys’ fees and court costs, as well.

Having Trouble Getting a Foreign Arbitration Award Enforced?

 

Boyer Law Firm knows how difficult it can be to receive a favorable arbitration award. We also understand that having such an award enforced can be a troublesome process. There are a number of Conventions, Acts and treaties that may apply to the enforcement of such awards.

In the U.S. alone, when attempting to have a foreign arbitration award enforced, the Panama Convention, the New York Convention, and U.S. domestic law under the Federal Arbitration Act may all apply. In most instances, the Conventions are controlling, however, in some cases they may conflict with one another. For example, some countries that are a party to one Convention may not be a party to the other Convention, thus creating a conflict between the applicable Conventions. There may also bilateral or multilateral treaties that are also applicable depending on the parties to the arbitration. In such a case, the knowledge and experience of a seasoned attorney is necessary to pursue the enforcement of your award.

It can be just as tricky enforcing a U.S. Arbitral Award in another country. The same or different Conventions, Acts and treaties may apply. Boyer Law Firm has knowledge and experience in fighting to have arbitration awards enforced, in the U.S. and abroad. Contact us today with any further questions we will be happy to assist you in this process.

What a 1099 Form Means in a Short Sale or Foreclosure?

When a property is foreclosed or a short sale closed, the net sale price is applied toward the debt, but it doesn’t satisfy the entire obligation. The rest is usually either forgiven or written off. The number reported on the Form 1099 is the amount of the loan that was not repaid, not the total amount of debt on the property.

The foreclosure or short sale transaction is not a single transaction but two transactions, the sale or exchange of the real property, and secondly the forgiveness of the debt that exceeds the property’s fair market value.

Generally debts are written off or forgiven by a lender. To avoid recognizing taxable income, you must find a tax exception. Some exceptions are the Debt Forgiveness on Principal residence, insolvency exception, bankruptcy exception, etc.

At Boyer Law Firm we have handled such cases and were able to gain successful outcomes for our clients. If you are dealing with a short sale or foreclosure issue, Boyer Law Firm is fully equipped and trained to handle these types of transactions, including the closing. Please contact us with any further questions.

The Importance of a Hardship Letter

A major procedure that borrowers often overlook in loan modification issues is the hardship letter. To apply for any mortgage assistance that involves cutting your monthly payments to match your current financial standing, banks and lenders require you to write a hardship letter, which contains the reasons for the default as well as your next set of actions to turn your situation around.

“In the effort to convince lenders into approving their application for mortgage assistance, homeowners often make the mistake of writing a sob story that’s 5-10 pages long. A clerk earning a minimum wage in the loss mitigation department of your bank will throw your hardship letter away because he still has a pending stack of applications for loan modification from thousands and thousands of homeowners to attend to.

Some homeowners also copy templates from blogs and websites online, only to find out that the hardship letter they almost xeroxed in terms of the density of words copied, does not apply to their situation at all.”

At Boyer Law Firm we can aid you in articulating your current circumstances and how they contribute to the default in your mortgage. This part of the letter should be detailed without being boring and overwhelming. Boyer Law Firm in equipped and ready to customize your hardship letter that aids you in your current circumstances.  Please contact us if you have any more questions.

To read more on this article see – http://blog.secretsaboutloanmods.com/home-refinance/a-loan-modification-attorney-can-help-write-a-hardship-letter-for-you/

Are you being harassed by Debt Collectors?

Have you been harassed by a debt collector? Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system. If an unscrupulous debt collector is harassing you, Boyer Law Firm, PLLC can help you fight back.
What type of conduct is prohibited?
Debt collectors cannot:
• telephone you an unreasonable number of times
• telephone you at any unusual time or unusual place
• disclose information about your debts to third parties
• use profane or other abusive language
• contact you after written notification that you do not want to be contacted any further
• claim to be affiliated with any governmental organization
• misrepresent the character, amount or legal status of a debt
• threaten to take any action that cannot be taken legally
• accuse you having committed a crime
• threaten or communicate false credit information
• attempt to collect until honoring your request to validate
• use deceptive methods to collect debts
• call you before 8:00 a.m. or after 8:00 p.m.
• Call you, but not announce who they are
• Talk to your employer about your debt
• continue collection efforts until honoring a request by you to validate the debt

So if an unscrupulous debt collector is harassing you, Boyer Law Firm, PLLC can help you fight back.  Please contact us today if you have any further questions.