Blog Archives

New Seventh Circuit FDCPA Opinion on Attempts to Collect Old Debts

Last week, the U.S. Court of Appeals for the Seventh Circuit — which has federal appellate jurisdiction over the Indianapolis area — issued a consolidated opinion in two appeals involving federal debt collection law. This decision is a victory for

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Bankruptcy Stops Debt Collectors

Bill collectors are hounding me. My phone is constantly ringing, and the mail carrier keeps delivering more nastygrams. Will bankruptcy stop the calls and letters? As a bankruptcy lawyer, I’ve found that collection harassment is often a major factor in the

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Does the FDCPA Recognize Oral Debt Disputes?

Under the federal Fair Debt Collection Practices Act (FDCPA), does a consumer have the right to dispute a debt orally? Or must the consumer send a written dispute to the collection agency? A recent decision from the U.S. Court of Appeals for the Fourth

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Debt Collection Laws Are Due for an Update

A lot has changed since Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1977. Technology, music, and fashion are just a few examples. But over 35 years later, the FDCPA is mostly the same as it was back

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Busted! Payday Loan Prosecution Threats Are Illegal

We don’t have debtors’ prisons in Indiana. But some collectors threaten bad check charges for payday loan debt. Can you really be thrown in jail? With a payday loan, the borrower usually writes a post-dated check for the loan amount

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