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Last Build Date: Thu, 10 Jun 2010 18:59:54 GMT

 



Two Powerful Prosecutors Go After Debt Collection Agencies

Thu, 10 Jun 2010 18:59:54 GMT

In recent news it was revealed that top legal prosecutors in Louisiana and Washington made announcements of actions they had taken against accounts receivable management firms and their owners and managers.

Louisianian attorney general James Caldwell made the announcement on Friday that his office had obtained injunctions against two collection companies and their managers. On the same day, Rob McKenna, Washington's Attorney General stated that his office had settled charges with a collection company that had promised to stay on the straightened arrow. In a press release, Caldwell's office said that in late December they had obtained an injunction against Bush and Kennedy, Inc, a Baton Rouge based collection agency. The order he won placed restrictions on the business, banning them from operating further, and specifically, ordered that two of the firm's principals, Quay W. Pattott Jr, and William S. Fesguson were banned from conducting business together.

Late last week, a judge hit Ferguson and Parrott with additional injunctions as was requested by Caldwell's office. Ferguson is barred from using deceptive and unfair acts and practices at his current place of business, Franklin, Grant and Associates Incorporated, a collection agency based out of Metairie Louisiana. Parrott is completely restricted against conducting any new business at his new place of work, Metairie based Halsey and Associates, LLC.

McKenna's Washington office said that Topco Financial Services Inc, a Washington based collection agency agreed not to threaten, harass or curse out debtors as part of a settlement. The collection agency has been ordered to pay around $38,000 in legal fees and penalties. An additional $82,000 in fees and penalties were suspended provided that the company agrees with the settlement terms.

In accordance with their agreement, Topco is prohibited from harassing, intimidating, threatening and embarrassing debtors, including using profanity. They are restricted from implying that failure to pay a delinquent bill will result in suspension, a revocation, or impairment of the debtor's driver's license. They are banned from threatening debtors with impairment of their credit rating. However, the company is allowed to legally report debts to credit reporting agencies.

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Making The Best Of A Stressful Situation Divorce And Bankruptcy

Thu, 10 Jun 2010 18:59:42 GMT

Divorce, coupled with bankruptcy can pose serious problems for those involved. When a married couple who no longer wants to stay together have debts piling up and are heading for divorce, bankruptcy may be one way to sort out the financial problems. Bankruptcy has the capacity to be filed by just one spouse, or jointly. The effects of bankruptcy on divorce proceedings? Abrupt at best. An automatic stay will put a stop to all activities on divorce proceedings.

Even though one lawyer might seem difficult to deal with in a time of stress, two lawyers might be needed to sort the matters out, a bankruptcy attorney and a divorce lawyer to hash things out between the unhappy couple. Some good advice to take would be to immediately seek out a bankruptcy lawyer to guide you through your finance, in addition to the attorney who is assisting you through your divorce. The expert guidance with alimony, child support, property settlements, and other financial issues is key when you are suffering from the stress of bankruptcy and divorce simultaneously.

If the spouses together have a lot of debt, filing for bankruptcy jointly is a good idea. This can even simplify the divorce settlement, and filing bankruptcy jointly is more cost efficient. If you are a spiteful ex, filing individually for bankruptcy is a good way to send the creditors after your spouse.

Then there is the issue of property that you have accrued during marriage. That's marital or community property. If you are filing jointly for bankruptcy, and your former spouse has marked some of your separate property as marital property, you should take these actions. First, you should prove what is yours is not community property. The bankruptcy court will release the exempt property, and the remaining property that you share will be part of the bankruptcy estate and therefore will be utilized for paying off debts.

After the bankruptcy court has figured out which property is exempt from bankruptcy, the divorce court can split the property between the spouses equally. The non exempt property will be sold by bankruptcy trustees (representatives) to pay off debts.

One other way to steer clear of financial loss on account of your former spouse's debt is to attach a property of your spouse as a security lien. This lien will permit you to seize the property and utilize it to pay off your spouse's loan if he or she is thinking of ditching and having you pay. The property with a lien might obtain less than the market price, but this is still a good way to protect yourself from a spiteful ex partner.

Finally, you can work an indemnity clause into your divorce decree. This will help guard you from creditors who are coming after you to pay for your ex spouse's debts after the divorce. If your husband or wife files for bankruptcy, don't worry. The judge will enforce it to protect you.

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Avoid Getting Burned By Debit Cards Part One

Thu, 10 Jun 2010 18:57:55 GMT

The majority of people do not think anything of it when they hand over a debit card to purchase something, but not those that have been burned by debit card theft, debit cards that can be used like credit cards to be exact. Last summer, a native of San Jose, California used his debit card to book a rental car that he planned to drive from Memphis Tennessee to Saint Louis while he took a vacation over there.

Supposedly, the car would have cost him about two hundred and forty dollars. When he went to purchase an item in Memphis, he discovered that his bank account had been put on freeze. What had happened was that the rental car agency had put a five hundred dollar hold on his account, an amount that was high enough to trigger a fraud alert at his bank. The man got his account reactivated immediately, but the five hundred dollar hold remained. Not even until he turned in the car, but for two days afterward.

This victim may have gotten off a lot easier than others. Three years ago, an identity thief got a hold of a woman's debit card number and made six hundred dollars worth of fraudulent buys with the card. Going back and forth between her bank and the merchants took up a lot of time and caused a lot of emotional pain and distress.

She eventually got some of the charges taken back, but wasn't able to recover almost one hundred and sixty dollars worth of the charges. The victim believes that because her loss was so small, it really did not receive any attention from the police. Unluckily, what is not a big deal for law enforcement obviously has a big impact on someone that is struggling to pay their bills.

Another Michigan resident had an experience that was similar a few years ago. To Be Continued In Parts Two And Three.

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