Most consumers assume that debt collectors conduct a thorough investigation of accounts before pursuing payment; this isn’t the case. In reality, the modern debt collection industry works differently, and it’s all about hitting quotas and making margins. Understanding how debt buyers operate helps explain why wrongful collections occur so frequently. What Debt Buyers Actually Purchase…
Few things are more unsettling/frustrating than being pursued for a debt you know you didn’t create. You review the balance. You scan your memory. And nothing adds up. Still, the collector insists the debt is yours. Every year, thousands of consumers are pursued for debts they do not owe. In many cases, the problem isn’t…
Sometimes a debt collector can’t clearly explain where the debt came from. Documents are missing, balances keep changing, or the calls won’t stop. Many consumers are pursued for wrongful debts, and recognizing the red flags early can make the difference between stopping the damage and living with it for years. When a Collection Crosses the…
You open your mail and see something alarming: a lawsuit. It’s from a company you don’t recognize, claiming you owe a debt from years ago. It might even be for an amount you don’t remember or have already paid. If this sounds familiar, you’re likely being sued by a debt buyer. Don’t panic, but don’t…
“Like it or not, there are still de facto debtors’ prisons for collection of all kinds of debts, including medical debt, in the United States today.” -Peter Holland By Casey Wood Santora On December 12, 2019 Peter Holland spoke with Dr. Travis Stork from the nationally syndicated talk show, “The Doctors.” The topic: medical debt…
Frequently in student loan and other collections cases, a person gets sued in Maryland, but the contract specifies that the law of a state other than Maryland governs. For example, it might say “the law of New Jersey applies to this contract” or words to that effect. The question then arises of which state’s student…
We have successfully defended many cases where the debt buyer plaintiff alleged that the statute of limitations was 12 years (not 3 years) because the contract was “under seal.” We have prevailed in arguing that the statute of limitations is 3 years not 12 years in those cases where the contract did not meet the…
At Holland Law, we have defended many lawsuits that were filed after the expiration of the Maryland statute of limitations. There are a few different statutes of limitation which may apply to a given case in Maryland whether that’s a debt buyer case, a loan case, or another consumer rights case. Maryland Statute of Limitations:…
Midland Funding, a subsidiary of Encore Capital Group, is the world’s largest debt buyer and one of the most prolific users of Maryland’s District Court. It has filed tens of thousands of suits against Marylanders. But when one of those consumers, Mr. Cain, sued Midland Funding, Midland convinced the trial court and the intermediate appellate… Read more
Debt buyer and collector EOS CCA (associated with EOS Holdings, Inc., Collecto Inc. and their wholly-owned subsidiary debt buyer, US Asset Management, all of which will be called “EOS” here) bought debts from AT&T in 2012. According to the CFPB, EOS paid $35.4 million for debts with a face value of $2.3 billion, about two… Read more
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