Debt Collection For Military Personnel

Mike Cardoza Mike.Cardoza@CardozaLawCorp.com (415) 488-8041

I’m Gonna …. Help People!!!

Divorce. Child Custody. Debt Collection.

Debt Collection!

Mike Cardoza Mike.Cardoza@CardozaLawCorp.com (415) 488-8041

Author of: “The Secret World of Debt Collection: Beat Debt Collectors at Their Own Game - a Former Collections Executive Reveals How” https://www.amazon.com/Secret-World-Debt-Collection-Game-ebook/dp/B00XK3ETNS

Military CFPB Complaints (2015) Debt Collection

Debt Collection Consumer Protection Laws FDCPA 16 U.S.C. §1692 (Fair Debt Collection Practices Act) RFDCPA Cal.Civ. §1788 (Rosenthal FDCPA) Today we’re gonna talk about Debt Collection - from the technical violation to the egregious and the things in between. Strap in, tune in, and ask a question the second you think you’ve got one. It’s probably important.

A (Really) Short History FDCPA 1977 “Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”

A (Really) Short History One of the purposes: “to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged”

Statutory Damages + Fees & Costs FDCPA 16 U.S.C. §1692k(a)(1) (Fair Debt Collection Practices Act) RFDCPA Cal.Civ. §1788.30 (Rosenthal FDCPA) Today we’re gonna talk about Debt Collection - from the technical violation to the egregious and the things in between. Strap in, tune in, and ask a question the second you think you’ve got one. It’s probably important.

Statutory Damages + Fees & Costs Debt collector is liable for total actual damages and statutory damages up to $1000 AND in the case of any successful action, costs and a reasonable attorney’s fee.

Strict Liabilty + Least Sophisticated Debtor “Liability depends on whether the hypothetical least sophisticated debtor – someone who is uninformed and naïve – would have likely been misled.” See Gonzales v. Arrow Fin. Servs., LLC, 660 F.3d 1055,(9th Cir. 2011)

= Success

for real people. Real results. http://www.cardozalawcorp.com/case_results/california-victim-of-id-theft-sues-for-illegal-collection.cfm

How Much? Real results. http://www.cardozalawcorp.com/case_results/california-victim-of-id-theft-sues-for-illegal-collection.cfm

Clean-up of Credit Report Payment of $4000 Free Attorney and Costs Deletion of Debt Clean-up of Credit Report Payment of $4000 Free Attorney and Costs Spouse of a military member. Being sued by an Orange County law firm on a old credit card debt and they called her Dad about it. Two defendants, $4000 in statutory damanges.

What else is prohibited? § 1692e(6) The communication gives the false impression that a sale or other transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt. § 1692e(7) The communication gives the false impression that the consumer committed any crime or other conduct in order to disgrace the consumer. § 1692e(8) The communication communicates or threatens to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. § 1692e(9) The communication simulates or falsely represents the document to be authorized, issued or approved by any court, official, or agency of the United States or state. § 1692e(11) The first communication, either written and oral, fails to contain the consumer warning: "This is an attempt to collect a debt and any information obtained will be used for that purpose." § 1692e(12) The communication gives the false impression that the debt has been turned over to innocent purchasers for value § 1692e(13) The communication gives the false impression that documents are legal process. § 1692e(14) The communication contains any name other than the true name of the debt collector's business. § 1692e(15) The communication gives the false impression that documents are not legal process forms or do not require action by the consumer. § 1692e(16) The communication gives the false impression that a debt collector operates or is employed by a consumer reporting agency. § 1692e preface and e(10) The debt collector has used any other false, deceptive, or misleading representation or means in connection with the debt collection.

There are 4 MORE of these slides! Get the fillable PDF of the Military Debt Collection Intake Sheet delivered by email right now (seriously). Text: MILITARY To: (855)982-2400

What is prohibited? § 1692e(11) The first communication, either written and oral, fails to contain the consumer warning: "This is an attempt to collect a debt and any information obtained will be used for that purpose." § 1692g The debt collector failed to send the consumer a validation notice within five days of the initial communication? § 1692g The validation notice fails to contain all the required information. § 1692g The demand for payment overshadows or creates confusion about, the disclosure of the consumer rights in the validation notice. § 1692g The validation notice and/or debt collection warning appears on the reverse side of the demand letter or in another document without reference thereto § 1692g The consumer made a timely validation request, but the collector continued collection activities. § 1692e(1) The communication give the false impression that the debt collector is affiliated with the United States or any state, including the use of any badge, uniform or facsimile. § 1692e(2) The communication contains a false impression of the character, amount, or legal status of the alleged debt. § 1692e(3) The communication gives the false impression that any individual is an attorney or that any communication is from an attorney. § 1692e(4) The communication gives the impression that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. § 1692e(5) The communication threatens to take any action that cannot legally be taken or that is not intended to be taken (e.g. suit, harm to credit reputation).

What more is prohibited!? § 1692f(1) The debt collector attempts to collect any amount (including interest, attorney fees, collection costs or expenses) not authorized by the agreement creating the debt or permitted by law § 1692f(2)—(4) The debt collector has accepted, solicited, deposited, or threatened to deposit any post-dated check in violation of the Act? § 1692f(5) The debt collector caused any charges to be made to the consumer, e.g., collect telephone calls. § 1692f(6) The debt collector has taken or threatened to unlawfully repossess or disable the consumer's property. § 1692f(7) The debt collector has communicated with the consumer by postcard. § 1692f(8) There is any language or symbol other than the debt collector's address on the envelope that indicates the communication concerns debt collection. § 1692f preface The debt collector used any other unfair or unconscionable means to collect or attempt to collect the alleged debt (e.g., collecting time barred debts, filing suit without legal authority) § 1692d(1) The debt collector used or threatened the use of violence or other criminal means to harm the consumer or his/her property. § 1692d(2) The debt collector used profane language or other abusive language. § 1692d(3) The debt collector published a list of consumers who allegedly refuse to pay debts. § 1692d(4) The debt collector advertised for sale any debts. § 1692d(5) The debt collector caused the phone to ring or engaged any person in telephone conversations repeatedly. § 1692d(6) The debt collector placed telephone calls without disclosing his/her identity. § 1692d preface The debt collector engaged in any other conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of the alleged debt.

What else more is prohibited!? § 1692c(a)(1) The debt collector communicated with the consumer at any unusual time or place or time or place known or which should have been known to be inconvenient to the consumer. § 1692c(a)(2) The debt collector communicated with the consumer after it knows the consumer to be represented by an attorney. § 1692c(a)(3) The debt collector contacted the consumer's place of employment when the debt collector knows or has reason to know that the consumer's employer prohibits such communications. § 1692c(c) The debt collector contacted the consumer after the consumer has notified the debt collector in writing that the consumer refuses to pay the debt or that the consumer wishes the debt collector to cease further communication. § 1692b(1) In contacting persons other than the consumer, the debt collector has failed to identify him/herself, or failed to state that he/she is confirming or correcting location information concerning the consumer. § 1692b(2) In communications with persons other than the consumer, the debt collector has stated that the consumer owes a debt. § 1692b(3) In communicating with persons other than the consumer, the debt collector has contacted that person more than once (unless requested to do so). § 1692b(4) In communicating with any person other than the consumer, the debt collector has utilized postcards. § 1692b(5) In communicating with any person other than the consumer, the debt collector has used any language or symbol on any envelope or in the contents of any communication indicating that the sender is in the debt collection business. § 1692b(6) In communicating with any person other than the consumer, the debt collector has done so after knowing the consumer is represented by an attorney.

And finally: § 1692i(a)(2) The debt collector has brought any legal action to collect the debt against the consumer in a location other than (1) where the contract was signed or (2) where the consumer resides § 1692i Forms have been designed, compiled and/or furnished knowing that such form would be used to create the false belief in the consumer that a person other than the creditor of such consumer is participating in the collection of or in the attempt to collect a debt.

I will send you: The fillable PDF of the Military Debt Collection Intake Sheet delivered by email right now. 10 Questions - 2 or more indicates a potential cause of action

Text: MILITARY To: (855)982-2400 Get the fillable PDF of the Military Debt Collection Intake Sheet Text: MILITARY To: (855)982-2400

SCRA Tolls the Statute of Limitations! 50 U.S.C. § 3936 - For the ENTIRE period of service, no military impact requirement, works for EVERYTHING (except the IRS). A 19 year-old debt collection violation!

Enemies of Success: How to deal. How your client sees himself.

Enemies of Success: How to deal.

Recent Real-Life: “You’re refusing to pay and we’re going to contact your Commanding Officer and your chain of command!” “We’re going to place a judgement on you and then send that judgement over to the JAG’s office!”

Recent Real-Life: Plaintiff went to his Commanding Officer immediately in order to try to explain his situation. Plaintiff’s superiors reviewed Plaintiff’s personal finances in detail, referred Plaintiff to the office of uniformed military attorneys aboard the base, and recommended that he take out a loan to pay the Defendant whatever money they were demanding.

Recent Real-Life: On a debt that was over 9 years old, beyond the SOL, for which the collector had illegally harassed the Servicemember and for which there was no proof of their right to collect.

Educate & Protect

Questions? & ANSWERS!

Mike Cardoza Mike.Cardoza@CardozaLawCorp.com (415) 488-8041

Text: MILITARY To: (855)982-2400 Get the fillable PDF of the Military Debt Collection Intake Sheet Text: MILITARY To: (855)982-2400