The Lender Sold My Repossessed Car. Why am I being sued?

Car auction car lot

Perhaps the worst thing about having your car repossessed is that even after your vehicle is gone, the lender may not be done with you.

In some cases, lenders hire collectors or file lawsuits against borrowers to recoup what they’re owed. In this blog post, we’ll look at steps lenders may take after repossessing a car. 

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Car Repossessed? Now Getting Sued by My Auto Lender

Lawsuit with car repossession

Perhaps the worst thing about having your car repossessed is that even after your vehicle is gone, your lender may not be done with you.

In some cases, lenders may file lawsuits against borrowers to recoup what they’re owed. In this blog post, we’ll look at what’s involved with being sued after a  car repossession.

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How Debt Collection Laws Help Pennsylvanians

Past due bills debt

When you owe money to a debt collection agency, its employees have the right to contact you and try to recoup that debt.

But those rights only go so far. The federal Fair Debt Collection Practices Act regulates what debt collectors, or law firms acting as collectors, can do when contacting Pennsylvania consumers, and bars them from engaging in deception while trying to recover money that is owed.

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How to Report a Robocall

Nearly all automated calls to mobile phones are illegal in Pennsylvania and New Jersey, but that hasn’t stopped telemarketers and debt collection companies from using auto-dialers to reach consumers.

In some cases, the caller will deliberately falsify the information sent to your caller ID to mask their identity, a practice known as spoofing.

Caller ID Block

The FCC has taken a variety of actions against these companies, including:

  • Issuing hundreds of millions of dollars in fines
  • Allowing phone companies to block certain kinds of calls that are likely to be illegal before they can get to consumers
  • Giving customers the ability to use call blocking or labeling services
  • Working with phone companies on caller ID authentication

Hot to stop robocalls

If you believe you’re received and illegal call or text, you can file a complaint with the FCC.  The commission also offers these tips to stop unwanted robocalls and protect yourself from phone scams:

Unknown Caller
  • Do not answer calls from numbers you don’t recognize. If you do answer, hang up right away.
  • Was the call Spoofed? Remember that a caller ID displaying a local number doesn’t always mean that you’re getting a local call.
  • Recorded Voices – If you receive a call that tells you to hit a certain button to end the calls, just hang up.  There’s no magic “report robocall” button. Having you press a button during your call is something scammers do to identify future targets.
  • Never give out personal information – You do not need to provide any personal identifying information, such as your Social Security number, passwords, bank account numbers, etc. – to an unexpected caller. 
  • Set a password for your voicemail. Some voicemail services are set up to let users access messages by calling their own number. A hacker could spoof your number and get into your voicemail if you haven’t created a password.
  • Be wary of callers who immediately ask for information.
  • Talk to your phone company about Call Block technology. You can download mobile apps that can block unwanted calls.
  • Register your number for the Do Not Call List. Reputable telemarketing companies will review the numbers on this list and take care to avoid them.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of unwanted robocalls.  Contact us today to find out how we can help you fight for your rights.

 

How does a “Charge-Off” affect the consumer?

When payments on your account go unpaid, the creditor may stop you from making additional charges and list your account as a charge-off.  But even if the creditor stops trying to collect on your account, you still could be responsible for the debt.

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How to Report Telemarketers

The advent of the Do Not Call registry was supposed to put an end to unwanted  robocalls from telemarketers, lenders and debt collectors. Unfortunately, there are always new companies, with new phone numbers, placing new calls.  However, there are ways you can stop unwanted robocalls.  Read on to learn how to get yourself off telemarketers’ lists and how to report do no call violations.

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Midland Credit Management KO’d in Flitter Milz Lawsuit

September 24, 2018/Philadelphia, PA

U.S. Court of Appeals precedential ruling impacts consumers nationwide

In an important ruling this week, the United States Court of Appeals for the Third Circuit in Philadelphia, PA agreed with Flitter Milz that a collection dun sent to a consumer was deceptive and in violation of the federal law regulating debt collectors.

Midland Credit Management, one of the largest debt-buyers and debt collectors in the United States, sent our client a collection notice stating Midland would “report forgiveness of debt as required by IRS regulations.”  Flitter Milz argued that the debt involved was so small that there is nothing ever to report to the IRS, and the statement about Internal Revenue was just a scare tactic.

The federal appeals court, sitting in Philadelphia, agreed that the consumer might be persuaded into thinking that a settlement may be reportable to the IRS, and this remark is misleading under the consumer laws.  The Court agreed with Flitter Milz, holding that “it is not merely the inclusion of a lie, but also incomplete” language in a collection letter that may violate the consumer laws. The Court has told Midland that ‘half-truths’ to consumers are not good enough.

Flitter Milz is a nationally recognized consumer protection law firm representing consumers in matters against collection agencies and collection law firms for violation of the Fair Debt Collection Practices Act. “This victory, is not just for our client and firm, but for consumers across the U.S.”, said Cary Flitter and Andy Milz.

To learn more about this case, Robert A. Schultz, Jr & Donna Schultz v Midland Credit Management, click here .  Consumers with questions about collection contact, calls or letters, from Midland Credit Management, contact us.

Midland Credit Management is a billion dollar purchaser of consumer debt, who collects and files collection lawsuits in Pennsylvania, New Jersey, New York and across the country.

Collection Contact After a Debt is Paid

Sometimes collectors contact consumers and ask for payment on a debt that was already satisfied. Whether the collector made calls or sent letters, the consumer may be left confused and uncertain about whether there was a clerical error or if the collection effort is a scam.

The Fair Debt Collection Practices Act outlines actions that debt collectors can and cannot take. If collectors contact you about a debt that was already paid, you have the right to request proof of the debt and how it was calculated. You can also request confirmation that the collector is permitted to collect the debt.

Check Your Records

Once a debt has been assigned or sold to a collector, the consumer may request information about the debt from the collector, not from the creditor. If you are not sure whether a claimed debt is owed, gather your account statements, bank records, and payment history. It may also be helpful to obtain current credit reports. These documents will assist in determining whether money is still owed. Once you’ve reviewed your papers, write the collector to dispute the debt.  Be sure to enclose documentation with your letter that proves the debt was satisfied.

Request Proof from the Collector

If you do not have proof showing payment of the debt, obtain payment information from the debt collector. You may request that the collector provides account statements from the creditor, which show the period when your last payment was made. Send a letter to the collector asking for verification of the debt and how the claimed balance was calculated.

Document Your Contact

Good record-keeping which shows your account payment history will help any disputes sent to the collector.  Maintain a file of all correspondence with the collector, including documents showing proof of payment – such as cancelled checks, money order receipts, etc.

When collectors contact you by phone, keep a log of the calls noting the date, time of day, caller ID, name of collection agent and agency, phone number where the call was received, and details of any phone conversations, messages, or texts.

Seek Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics.  Contact Us for a free evaluation of collection calls and letters that you’ve received.  There may have been a violation of your consumer rights.