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Consumer Protection Law Blog

Collection of Time-Barred Debt

April 6, 2011

The Ninth Circuit Court of Appeal has affirmed the rights of consumers to sue law firms for violations of the fair debt collection laws and other claims when the law firm sues a consumer on a debt even though it is aware of a potential statute of limitations issue. The Court of Appeal held that…

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No Deficiencies on Short Sales

March 31, 2011

Great news for struggling homeowners in California. Effective January 1, 2011, California law (Code of Civil Procedure § 580e) prohibits a deficiency judgment under a note secured by a first deed of trust or first mortgage for a dwelling of not more than 4 units in any short sale. The lender must consent to the…

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1099-C for Cancelled Debt?

March 30, 2011

‘Tis the season, I guess. I came across this article by Gerri Detweiler on credit.com’s blog with some ideas on how to deal with the tax implications of receiving a 1099-C for cancelled debt. Tax matters are complicated, and you should always consult with an experienced advisor. Nevertheless, the article does give some food for…

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Can A Debt Collector Contact Your Employer?

March 23, 2011

The answer is, yes, but there are several critical limitations on a debt collector’s right to contact your employer: 1. A collector may contact your employer only: (a) to verify your employment; (b) to locate you; (c) to garnish your wages (assuming there is a right to do so); or (d) to discover the existence…

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