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David Levin

David Levin

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David has represented thousands of consumers through the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act and Bankruptcy Discharge Injunction Violations.


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Posted by
on November 3rd, 2014.

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Filing Proof of Claim on Time-Barred Debt Violates the Fair Debt Collection Practices Act

No more time on the meterThe 11th Circuit Court of Appeals recently decided a case which puts debt buyers at risk when filing proofs of claim on older accounts. In Crawford v. LVNV Funding, LLC, No. 13-12389 (decided July 10, 2014), LVNV, one of the largest debt buyers in the country, filed a proof of claim in a Chapter 13 case for a $2,037.99 balance which was originally owed to Heilig -Meyers furniture company. Based on the date of the last transaction on the account and the three-year Alabama statute of limitations, the debt became unenforceable in October of 2004. LVNV’s […]

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Posted by
on August 18th, 2014.

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Make Debt Collectors Stop Calling Your Clients

One of the easiest ways your clients can get annoying debt collectors off their backs is to simply notify the collectors that they are represented by your firm. It is common that individuals who retain an attorney to file for bankruptcy protection cannot pay their attorney’s fees in full up front. During the weeks or months that they continue paying your fees, they receive no relief from the never-ending string of debt collection letters and phone calls.

According to the Fair Debt Collection Practices Act (FDCPA), “a debt collector may not communicate with a consumer…if the debt collector knows the consumer is […]

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