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We hope the articles below help you understand your rights as a consumer. You can scroll through the titles, or sort by Practice Area or Topic. You can also use the search feature to locate information by keyword.

Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

Debt Collection

Avoid These Credit Card Problems

Credit cards are useful for a number of reasons. They’re convenient when you don’t have cash on hand, and some cards carry perks like cash back or travel savings. However, you should avoid using credit for emergencies, and you should always be sure to make payments in full and on time. Carrying a balance from month to month can result in unruly interest charges that are more difficult to pay off, especially when trying to stick to a budget.

Credit Score Drop

Failing to make a payment on time just once could cause your credit score to fall as much as 110 points. Once lost, these points can be difficult to build back up and can make other aspects of your life more challenging. Your overall credit can affect your ability to secure new lines of credit, affect your interest rates, and even hurt your chances of renting an apartment or securing a new job.

Check your Credit Reports

Always be sure to stay on top of payments and check your credit report regularly. It’s not uncommon for credit reports to contain errors or inaccurate information, which could further harm your overall credit. You can request one FREE credit report every year from the three credit bureaus – TransUnion, Experian, and Equifax. Check for duplicate negative listings, someone else’s information, and any unfamiliar activity. Dispute any credit report errors immediately.

Seek Free Legal Help 


Flitter Milz is a consumer protection law firm that represents people in matters concerning credit reporting issues, contact from abusive debt collectors, or have had a vehicle repossession.  Contact us for a free evaluation of your consumer law concern —  whether you had fallen behind on payments or not.

How to Build an Emergency Savings Fund

Unfortunately, emergencies happen to all of us. Maybe your pet is suddenly sick and you have to pay an expensive vet bill. Or, you get into a fender bender and need to pay to get your car fixed. Emergencies are serious, unexpected situations that require immediate action. Many Americans don’t have enough money in savings to cover the cost of these unexpected expenses.   More often than not, they turn to credit cards to pay for emergencies.

While using credit is fine from time to time, it can be detrimental to rely on it, especially if you can’t keep up with the minimum payments. If you fall behind on payments, your account could go into default and negatively affect your credit report and credit score.

To set up an emergency fund that can help to avoid using credit cards in the future, follow these steps.

1. Establish a Specific Savings Goal

Start with a savings goal of $1000 and set aggressive benchmarks to reach your goal. Create a budget for your expenses and determine where you can cut costs for a few months. Food, entertainment, and transportation expenses are a good place to start.

2. Deduct a Set Amount from Your Paycheck

Deduct a set amount of money from every paycheck and put this into a savings account. Many online banking accounts allow you to set this up automatically so that it’s easier to stay on track.

$1000 is enough to cover many emergencies. Once you reach this goal, you can set more modest goals and work on building a more substantial savings account over time.

3. Consider Other Sources of Income

If you can’t find areas to cut expenses and are having difficulty saving a portion of each paycheck, consider potential sources for additional income. Babysitting, dog sitting, and house cleaning, or seasonal work such as cutting grass, raking leaves or shoveling snow, are all good part time options that are always in demand.

4. Take Charge of Your Finances

Assess your overall financial well-being. Request your current credit report and address any issues or inaccurate information.

If you’ve relied on credit for emergencies in the past and find yourself in debt as a result, take steps to pay off credit card debt over time. If you begin to receive contact from debt collectors, make sure you’re familiar with the Fair Debt Collection Practices Act. Under this law, debt collectors are not allowed to threaten or harass you, provide false information about your debt, or contact friends, neighbors or family about your debt.

Get Legal Help from Abusive Debt Collectors

Flitter Milz is a consumer protection law firm that represents people that have become victim to debt collector’s abusive practices.  If you have been contacted by a collection agency or law firm collector, we will evaluate whether your consumer rights have been violated – whether you fell behind on payments or not.  Contact us for a free legal evaluation.

Are You Haunted by a Repossession on Your Credit Report?

Just when you think you’re getting your finances in order and want to apply for a new line of credit, a vehicle repossession from long ago can come back to bite you. What happens after your vehicle is repossessed, and how does it affect your credit report and credit score moving forward?

What happens after the sale of your car?

1) Collection

Once the lender sells a repossessed vehicle, you’ll receive a letter that includes the vehicle’s sale price and any remaining balance owed on the loan. This letter is called a deficiency notice.

The lender may proceed with collection of the deficient balance through their collection department. However, the lender will often assign the collection of any deficient balance to a debt collector, and the borrower will begin to receive calls and/or letters from them.

Whether you owe the deficient balance or not, collectors must follow the Fair Debt Collection Practices Act when they contact you about debt. Borrowers have rights, whether the balance is owed or not.

2) Lawsuit

After a period of time, the lender may choose to file a lawsuit against the borrower for the deficient balance. If the lawsuit is ignored by the consumer, a default judgment will be entered against the consumer.

Judgments can be dangerous! Bank accounts can be attached. Wages can be garnished. Property can be seized. Judgments can be listed on the consumer’s credit reports and impact the ability to be approved for new credit.

If you have been sued, contact a qualified consumer protection attorney to discuss your rights.

3) Credit Reporting

Vehicle repossessions negatively affect your credit report and lower your credit score. They can remain on your report for seven and a half years after the original delinquency date. The negative reporting could impact existing accounts by increasing interest rates or decreasing credit limits. The repossession could also affect your ability to be approved for new credit, whether you’re applying for a new credit card, car loan, or mortgage.

Negative credit information may also impact your ability to be promoted or hired for a new job or get approved as a tenant for an apartment. The Fair Credit Reporting Act offers consumer protection for the accuracy, fairness, and privacy of reported information. You can get a FREE credit report every twelve months from Transunion, Experian, and Equifax.

Steps to take

If you are haunted by negative reporting from a vehicle repossession, take the following steps:

  • Gather your car loan and repossession documents
  • Gather all correspondence that the lender sent AFTER the repossession
  • Gather all collection letters received for collection of a deficient balance
  • Obtain current credit reports from Transunion, Experian, and Equifax
  • Gather supporting documents such as:
  • Loan Denial Letters
  • Account statements showing interest rate increases
  • Account correspondence stating credit limit reduction

Seek Legal Advice

Flitter Milz is a consumer protection law firm that pursues matters against the credit bureaus for inaccurately reporting information.  Contact Us for a FREE case review.  We will evaluate whether your rights have been violated by the lender, debt collector or credit bureau.

How to Pay off Credit Card Debt

Believe it or not, the average household debt is approximately $134,643 — an amount which can include mortgages, auto loans, credit cards and personal loan balances. Debt has continued to increase as cost of living increases. And as a result, many Americans rely on credit cards to pay for expenses they can’t necessarily afford.

If you’re in debt, the idea of paying it off probably feels overwhelming and unrealistic. It can be difficult to keep up with minimum payments while managing other everyday expenses. But if you make a long-term plan to pay off your debt, and stick with your plan, you’ll make significant progress toward your goal.

Five Steps to Address Debt

  1. Make more than minimum payments on credit card and loan balances

2. Prioritize your debts and pay off those with the highest interest rate first

3. Contact the creditor to see if you can make adjustments to your account.  You may be able to change a payment due date or lower an interest rate, to accommodate your budget and income.

4. Evaluate personal items to liquidate. Use the funds to pay off or lower your debt

5. Create a budget and track your spending.  Evaluate where you may be able to cut expenses.  The money you save can be used to lower your debt.

Protection from Abusive Collectors

Contact from debt collectors can cause additional stress. You have rights under the Fair Debt Collection Practices Act (FDCPA).  This federal law prohibits collectors from using deceptive, misleading abusive tactics to collect consumer debt. Under the FDCPA, debt collectors are not permitted to:

  • Threaten or harass you
  • Tell you false information about your debt
  • Contact family and friends and disclose information about your debt
  • Continue trying to collect from you if you requested they stop

But debt collectors may not always provide accurate information about your debt resort to unlawful tactics to get you to pay. If any information seems inaccurate, ask that the collector provide Validation or Itemization of the debt.

Seek Free Legal Help

Flitter Milz is a consumer protection law firm that represents consumers that have become victim of unfair collection practices by debt collectors and collection law firms.  Whether you owe the debt of not, the collector must follow the law.  Contact us to discuss your consumer rights.

What to Do If You’re Sued for a Car Loan Deficiency

Vehicle repossessions are worrisome and stressful enough, but what happens when the lender files a lawsuit against you after the repossession? Learn about what a deficiency lawsuit is, and what you should do if you’re being sued.

Auto Loan Deficiencies

When auto loan lenders repossess a car, truck, motorcycle, boat, or other vehicle, they sometimes sue the borrower for the deficiency. The vehicle is considered collateral according to the loan agreement, but the sale price after repossession often does not meet the total amount owed on the loan. The deficiency is the amount leftover after the lender has sold or auctioned your vehicle.

For example, let’s say you still owe $20,000 on your auto loan and the lender sells or auctions the vehicle for $15,000. The deficiency amount that you are still required to pay would be $5,000.

The Fair Debt Collection Practices Act

A qualified consumer rights attorney can evaluate all collection contact for compliance with the Fair Debt Collection Practices Act.  If the collector’s tactics have violated the law, you can sue the collector, even though the deficient balance may be owed.

 

Deficiency Lawsuits

A qualified consumer rights attorney can evaluate all collection contact for compliance with

After trying to collect, the lender may initiate a lawsuit to recover the deficiency amount. If you have received a summons for a car loan deficiency, do not ignore it.

You still have an obligation to the lender for the deficient balance, even if you don’t have the vehicle. If you disregard a summons to appear in court, the case will proceed without you and a default judgment could be entered against you for the balance of the debt.

Judgments are dangerous. Once the lender gets a deficiency judgment, wages or bank accounts could be garnished, or liens could be placed on personal property.

Seek Legal Help

Contact Flitter Milz, a consumer rights law firm, to discuss your rights. You may be able to negotiate a settlement or payment plan with the lender.

Remember, repossessions and judgments carry negative weight on your credit report. Your credit score could drop, affecting your ability to obtain a new car loan or any new credit. As well it could impact your existing credit by lowering the amount of available credit or increasing the interest rate.

 

Debt Collectors Are Calling Me. What Can I Do?

Contact from debt collectors can be scary and overwhelming, especially when they begin to call more frequently, contact your family, or threaten you. The Fair Debt Collection Practices Act (FDCPA) was created to stop debt collector harassment and protect Americans from unfair and abusive collection tactics.

Here’s what collectors can and can’t do, and what you can do to get the calls to stop.

FDCPA Violations

The FDCPA provides guidelines that debt collectors are required to follow when they contact you about your household debt. This may be debt from medical bills, utilities, a loan, or credit cards.

Under the FDCPA, debt collectors are not allowed to harass, intimidate, abuse, or threaten you. They can’t threaten IRS reporting or a lawsuit if it’s untrue. You also can’t go to jail for owing money. Collectors should only contact you between 8am and 9pm, unless you give them permission to do otherwise, and they can’t contact family members or friends and discuss your debt.

Debt collectors also cannot:

  • Continue to contact you after you write to them and ask that they stop
  • Contact you after you’re being represented by an attorney
  • Tell you false information about the debt, like exaggerating the amount
  • Fail to tell you that they are a collector
  • Say they work for a credit bureau or give incorrect information about your debt to a credit bureau
  • Fail to report a disputed debt as disputed to the credit bureaus
  • Call your cell phone without permission
  • Place private and personal information in a visible area on a mailing envelope
  • Threaten wage garnishment, which is illegal in Pennsylvania
  • Continue trying to collect after you file for bankruptcy

If a debt collector violates any of your rights, you may be able to sue, and the collector will be responsible for the cost.

How Do I Get Debt Collectors to Stop Calling?

You can get a collector to stop contacting you if you write a cease and desist letter. Under the FDCPA, the collector is required to stop calling. Keep in mind that this does not mean the debt no longer exists.  The debt may be assigned to a new collector to begin collection effors.

If the debt seems incorrect or inaccurate, be sure to make the debt collector aware of this. Write and request validation of the debt. If you disagree with the collector’s calculation, send documentation that proves you paid or states why you don’t owe the amount that they claim. You should always send correspondence through certified mail with a return receipt so that you always have proof that they received your information.

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 legal evaluation.

 

Private Debt Collectors Hired IRS to Collect Taxpayer Debt

Uncle Sam Contracts Private Collectors to Collect Unpaid Taxes

The federal government has contracted out the collection of unpaid income tax with four private debt collection agencies. These agencies are CBE Group, ConServe, Performant, and Pioneer Credit Recovery.

Beginning April 2017, the private collection firms will contact taxpayers with overdue federal tax bills. At first, collection letters will be sent, stating the account was transferred by the IRS to the collector. Then calls will follow.

Beware of Aggressive Collectors

The collectors have an incentive to collect. They’ll receive 25% of every dollar collected.

Although the collectors are still required to follow the Fair Debt Collection Practices Act and respect taxpayer rights, vulnerable taxpayers could be pressured by aggressive collectors to pay more than they can afford.

The IRS also offers various taxpayer programs to eligible taxpayers. Be sure to inquire about your eligibility for these programs.

Where to Send Payments

The government’s collectors will target taxpayers owing less than $50,000 and move up from there. They may discuss payment options with taxpayers, but all payments are to be sent, either electronically or by check, to the IRS or U.S. Treasury. Payments are not to be sent to the private debt collection agency.

If you feel that you are being harassed, or that the claimed debt isn’t accurate, file a complaint with:

Consumer Financial Protection Bureau: 1-855-411-2372

U.S. Treasury, Inspector General for Tax Administration: 1-800-366-4484

Questions about Debt Collection?

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics.  Contact Us if you have questions concerning contact from debt collectors.  There is no cost for the consultation.

 

What to Do If Debt Collectors Contact Your Family Members

When you receive calls and letters from debt collectors, it can be difficult to tell which actions are legal and which are not. But when they contact family members, friends, neighbors or co-workers about your debt, be aware that your consumer rights may have been violated.

Debt collectors may not disclose details about your debt, such as payment history and amounts owed, to anyone but your.  They may ask someone where you live or your phone number, but they may not reveal any information about the debt.

Consumer Law offer protections

The Fair Debt Collection Practices Act prohibits third party contact from debt collectors without your consent. Even if you owe the debt, collectors may not use practices to intimidate or harass you by contacting someone else about your debt.

If you discover that someone you know has been contacted about your debt, ask that person to document the contact.  He or she should create a statement which includes the following:
-Date
-Time of day
-Name of caller
-Name of Collection Agency
-Caller ID
-Phone number where the call was received
-Details of the phone conversation

If the collector calls multiple times, documentation of each contact should be recorded.

Get Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of a debt collector’s abusive tactics.  Contact Us for a free evaluation of your matter.  Whether or not the debt is owed, the debt collector must follow the law.

 

 

How to Recover from Holiday Credit Card Debt

Now that the holidays have come and gone, you may be struggling with extra credit card debt. Studies have shown that the average American household with credit card debt pays more than $1,200 per year in interest. Not only does debt cause stress, it also harms your credit. Follow these steps and chip away at your holiday debt each month to avoid high interest charges and maintain healthy credit.

1) Pay More Than the Minimum

Carrying a balance each month is unhealthy for your credit score and also makes you susceptible to interest charges. To avoid a month to month balance, pay more than the minimum amount that appears on your monthly statement. Avoid spending above your means and pay off any new charges in full. This will help you put a dent in your debt and reduce the amount of interest you owe over time.

2) Pay Off a Set Amount Each Month

Set aside some time to assess your finances and determine a realistic amount that you can dedicate toward paying off your debt each month. For example, you may want to set up auto-pay on your account with this specified amount. If the amount is automatically withdrawn from your account each month, you’ll be less likely to feel tempted to spend it on something else as the payment date draws near.

3) Keep Your Credit Utilization Low

As you work toward paying off your debt, focus on keeping your credit utilization lower. Try to cap your credit card usage at around 30%, which will make your payments more manageable.

Here’s how to calculate your usage

Divide your credit card balance by your credit limit.  Move the decimal point two places to the right. This is your current credit usage. A higher percentage will harm your credit while a lower percentage will help.

          Example: Credit Usage Calculation
Statement Balance = $500
Credit Limit = $1000
$500 divided by $1000 = $0.5
Move decimal two places to the right = 50
Current Credit Usage = 50%

4) Spend Wisely

Stick to a firm budget to avoid letting your credit card balances continue to creep higher.  Evaluate your income in relation to fixed expenses.  Try to keep your spending within your means.  As you have extra funds, place them in a savings account so that you’re prepared for unexpected expenses…or those holiday gifts you’d like to buy.

Seek Free Legal Help

Once you fall behind on payments, the creditor may choose to assign or sell your obligation to a collection agency or law firm collector.  It’s important to know your rights and the laws that protect you from abusive collection tactics. Whether you owe the debt or not, the collector must follow the law.

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection practices.  Contact Us for a free evaluation to determine whether your consumer rights have been violated.

How much do I really owe the Debt Collector?

Contact from a debt collector is always cause for concern, but not everything the debt collector tells you is fact. Debt collectors often use certain tactics to intimidate consumers, such as threatening IRS reporting or a lawsuit when none is intended. They may also tell you that you owe more than you actually do. If the amount of debt they claim does not sound right, take the following steps.

Review Correspondence

Within five days after the debt collector first contacts you by phone, they must send a letter that details the amount of the debt and the name of the original creditor. Review this letter and ensure that the amount owed and the name of the creditor are accurate.

Dispute Incorrect Information

After you receive this letter, you have 30 days to dispute any inaccuracies. Write to the collector by certified mail with a return receipt.  Enclose documentation that supports your claim, such as proof of payment, account statements or correspondence with the creditor. Request that the collector respond promptly to your dispute in writing.

Request a Validation and Itemization of the Debt

Your letter should request that the collector provide a Validation of the debt which verifies their right to collect the debt.  Secondly, your letter should request the collector provide an itemization of the debt, showing how they’ve calculated the balance claimed.  

The itemization should include the principal amount plus interest and any additional late fees. The collector is prohibited from any further collection activity until he responds to your request with proper validation of the debt claimed to be due.

Seek Free Legal Help

If the collector ignores your dispute or continues to try to collect based on inaccurate information, contact a debt collection lawyer to discuss your options.

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of a debt collector’s abusive tactics.  Contact Us for a free legal evaluation.