Has the caller lived in Maryland for at least one year? YES – OK to file
If no, has his/her spouse? YES  - OK to file
If no, (caller/spouse have not lived in MD for more than 1 year), did the grounds for divorce take place in MD before either became a resident? YES – OK to file
If no, cannot file now in MD
Has a suit been filed? YES, who filed? Caller? Spouse?

     Collection proof?       

     Lawsuit tips and defenses <create doc include reference to NACA>

 

What type of agency/business is harassing the debtor?

Creditor collecting its own debts is not covered by federal law prohibiting certain activities

Debt collection agency/lawyers prohibited from certain activities

     Note: Can sue for violation of FDCPA and collect up to $1,000 plus injuries <cite -  tips?>    Possible referral to National Association of Consumer Advocates 

Legally creditors can take 3 actions

     Stop doing business with you

     Report the default to credit agencies (usually do regularly) - Checking credit reports

               Note: Threats to "ruin credit" are illegal under FDCPA. Most businesses report

               automatically each month anyway

     Sue the debtor  - collection proof?

Tips to offer debtors

  1. As early as possible, contact creditor with explanation and offer some realistic hope of repayment (don't exaggerate or over-promise).

  2. Send cease and desist letter if there has been illegal harassment - sample letter on www.peoples-law.org link to PLL when letter is done

  3. If get collection letter, check for errors in billing statement and dispute (in writing) in 30 days. Creditor must stop while investigating dispute. <FDCPA citation>

  4. Complain about illegal debt harassment to oversight agency  --  Federal Trade Commission ( a look at the FTC complaint form) or call 877-382-4357 OR  MD Consumer Protection (a look at the MD complaint form) or 410-528-8662 or 1-888-743-0023 toll-free.   Copies of the letter to creditors may help.

PLL section on Credit

Contacting Credit Bureaus

 Bankruptcy Law Outline

Bankruptcy Quick Reference

 

 


 
The Peoples Law Library Peoples Law Library Home Page Last reviewed 5/13/08 (PLL/M.A.J.)
Material Source and Revision Dates

Source: Materials were created and are maintained by the Maryland Legal Assistance Network, the Women's Law Center, the Legal Aid Bureau's Domestic Task Force, LAB Telephone Intake/Legal Hotline Unit and the House of Ruth. Some materials are available to the public through the Peoples Law Library website, which is a collaborative effort and contains information from the listed legal services providers and others.

Format: Law Outline - For telephone advice / screening, issue spotting guidance, brief overview Quick Reference Guide - Overview and resources for case handlers Flow Chart - Flow chart with links to rules and forms. Index - Listing of all files linked to the law outline and quick reference guide

Revision Dates: The dates each page was reviewed for legal accuracy is noted at the bottom of each page next to the "source".

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Topical Legal Research Guides - created by Sara Kelly, University of Georgetown School of Law Library