Fair Debt Collection Practices Act Blog

Debt Collectors often try to collect on Zombie Debts or really old debts that should have died a long time ago, yet, they somehow survive just like a zombie and keep on coming after you.

Please watch this video to learn how to deal with zombie debts.

Attorney Carmen Dellutri of the Dellutri Law Group, tells you exactly how to deal with Zombie Debt Collectors.

Continue reading "Can A Debt Collector Collect On Zombie Debts Or Old Debts?" »

This week the Internal Revenue Service announced that it is once again offering amnesty to delinquent tax payers. The IRS will allow individuals to pay penalties and avoid jail time. This initiative follows a similar one in 2009 that the IRS deemed to be a success. Of course, the Government has only completed review of 2000 of the reported 15,000 taxpayers cases. Isn't this typical.

The IRS states that an additional 3000 taxpayers came forward after the last amnesty program ended. I think this is great. However, if the IRS doesn't have the manpower to deal with these individuals, why do another amnesty program? Is the United States broke????

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When credit card companies sue for an amount owed, a consumer may see these two: Open Account or Account Stated and wonder what they are. Although there are several causes of action at a credit card companies disposal, the most prominent among those being breach of contract and damages, Open Account and Account Stated are usually included.

I want to focus on these two causes of action frequently relied on by credit card companies: Open Account and Account Stated because these are the most misunderstood by the consumer.

To properly bring a claim for Account Stated the Plaintiff must allege two elements: (1) that there was an agreement between the parties that a certain balance is correct and due, and (2) there existed an express or implicit promise to pay that balance. When this claim is used, there will often be a paragraph in the complaint alleging that the debtor made no objection to the amount due. Usually, we can object to this claim as consumers usually do object in some fashion.

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Recently, there have been two cases of interest where the Debt Collectors have been getting sneakier. It seems that the Debt Collectors are now starting to impersonate Courts and Sheriffs.

This is a sign of the times, and I'm sure this is not the end of the scams that the Debt Collectors will employ. I don't know if it is a sign of their desperation or whether they actually think that consumers are so scared that they can take advantage of them while breaking the law themselves.

Continue reading "The Debt Collectors Are Getting Sneakier" »

The Dellutri Law Group is proud to announce that it's newest website is live. The website can be found at www.consumerlawissues.com. Or, you can just click on one of the links. The website contains videos from the firm's weekly call-in television show, The Consumer Protection Program.

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As a Consumer Lawyer helping people deal with abusive debt collectors, I listen to consumers tell me things that shock me. Unsurprisingly in today’s economy, a recent MSN.com popular search expose showed popular searches on the following: “Lawsuits and collectors,” “Fair Debt Collection,” “Fair Debt Collection Lawsuits,” “Things debt collectors can’t do,” “Violating the collection law,” and “Complaints about bill collectors.” Why do you think this is?

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As a consumer protection attorney, I'm asked all of the time: "What can debt collectors do, and more importantly, what can't they do?"

Well, the answer is simple. Florida Statute 559.72 is titled: "Prohibited Practices Generally" and it pertains to consumer debt collection.

Please click here to see the prohibited practices.

If, after reviewing the statute, you believe that you have been the victim of an unfair debt collection practice in the State of Florida, please feel free to call us.

Continue reading "Florida Consumer Collection Practices Act - Prohibited Practices" »

Consumer Protection Attorney Carmen Dellutri, managing partner of The Dellutri Law Group, P.A. was recently interviewed on NBC about rogue debt collectors who intimidate, harass and break the law attempting to collect consumer debts.

Continue reading "Carmen Dellutri Interviewed About Bad Debt Collectors" »

At The Dellutri Law Group, we decided that now was the time for an FDCPA Blog because of the state of the local Southwest Florida economy. For years, we thought it would get better by now, but, like everyone else, our optimism is nice, but not realistic. Southwest Florida is facing very high unemployment, some say close to 20%.

Sure there are other FDCPA blogs out there. My friend, Steve Otto, has one in Pennsylvania, and he does a very good job with his blog. I hope to share national stories as well as local stories. I want to educate the people of Southwest Florida so that they do not have to put up with the garbage that debt collectors can dish out.

Look for more in the future. We have lots to talk about.

Continue reading "Why An FDCPA Blog?" »