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Van Horn Law Group Blog

Servicemembers Civil Relief Act and Car Repossession

Posted by Chad Van Horn on Apr 14, 2017 7:00:00 AM

When it comes to car repossession cases, keep in mind that the car you buy on credit is a co-owned car. You own part of it, and the creditor owns the other part. The creditor owns progressively less as you pay off the loan, and after the loan is paid the car is 100 percent yours – in this way a car loan is exactly like a mortgage. Unfortunately, sometimes car owners can fall behind on their bills and that can trigger a repossession. In Florida, this type of procedure does not require any court hearings or even a notice of warning. They are authorized to enter onto private property, take the car, and either keep it or sell it after informing the debtor of their decision. However, military personnel has special protections just for them against repossession through the Servicemembers Civil Relief Act.

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Topics: Debt Collection

How to Handle Harassment from Creditors and Make It Stop

Posted by Chad Van Horn on Feb 9, 2017 8:13:44 AM

You know the drill – the constant phone calls, letters. Bothering family members, even calling your job. Debt collectors act as if they are a law unto themselves, but I am here to tell you that it’s not true. There are laws that govern what collection agencies can and can’t do to collect a debt, and if they violate the laws, they can get some hefty fines, or even get arrested. They can even be banned from the debt collection business. The Fair Debt Collection Practices Act is to protect debtors from a variety of sleazy practices and even outright fraud that some collectors were using to harass and intimidate people who – in some cases didn’t owe any money, had paid the debt, or were trying to collect on a time barred debt.

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Topics: Get Out of Debt, Credit Restoration, Debt Collection

Dealing With Debt Garnishment for an Old Judgment

Posted by Chad Van Horn on Dec 15, 2016 8:32:39 AM

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Topics: Debt Collection, Garnishment

The Supremes Greatest Hits: Debt Collectors Get SCOTUS Docket Time

Posted by Chad Van Horn on Nov 11, 2016 8:00:12 AM

I can’t believe this. The Supreme Court is giving docket time to the 11th Circuit Court decision on Midland Funding v. Aldelia Johnson. At issue is whether filing a proof of claim in bankruptcy court on an unextinguished time-barred debt (one where the statute of limitations has run out) violates the Fair Debt Collection Practices Act and whether the bankruptcy laws supersede and preclude applying the FDCPA to debtors in bankruptcy. Here’s how the story goes:

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Topics: Debt Collection

Fair Debt Collection Practices Act Violations Cheat Sheet

Posted by Chad Van Horn on Jul 7, 2016 7:30:00 AM

When you’re in the sights of a debt collector, you can really feel as if you’re under fire. They can be disruptive, assaultive, and downright rude or even threatening. However, you do have rights and there are laws governing the behavior of debt collectors.

The Fair Debt Collection Practices Act was designed to keep collections agencies on the level and to make sure that consumers dealing with them were having their rights protected. However, as usual, there are some collectors who still believe that anything goes when it comes to shaking down a debtor.

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Topics: Debt Collection

Debt Collector Harassment: How to Fight Back

Posted by Chad Van Horn on Jun 30, 2016 7:30:00 AM

Debt Collector Harassment and What You Should Do

One of the most important things that you can do when you are being harassed by a collection agency is to document, document, and document. You need to have the who, the when, the what, and all the evidence that you can muster that these people are breaking the law and violating your rights under the Fair Debt Collection Practices Act.

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Topics: Debt Collection

Debt Collectors and FDCPA Violations: What To Do?

Posted by Chad Van Horn on Apr 25, 2016 8:38:04 AM

One thing that always surprises me is that people feel so powerless against rogue debt collectors. They literally have no clues about their rights under the Fair Debt Collection Practices Act. This law – and it is a federal law – governs the conduct of collection agencies when they are trying to collect a debt. In fact each violation of the provisions can bring a $1000 in statutory damages, actual damages, recover garnished wages, cover your attorney’s fees and litigation costs, and the debt collector can be held accountable. Even third parties, such as family members or coworkers who have been harassed during the collection company’s pursuit can take them to court.

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Topics: Get Out of Debt, Debt Collection

 

About Chad Van Horn

Chad_Van_Horn

Chad T. Van Horn, Esq. is a South Florida business leader and founding partner attorney of Van Horn Law Group, P.A. Through a combination of dedicated philanthropy, spirited entrepreneurship and legal expertise, he applies his resources and network to helping people. Learn more about Chad Van Horn.

 

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