Category: Creditors’ Rights

Fair Debt Collection Practices Act The Fair Debt Collection Practices Act (FDCPA) regulates the collection practices of third-party debt collectors and law firms engaged in collections.  The FDCPA is found at 15 USC 1692 et seq.  It was designed to protect consumers by eliminating abusive, deceptive, and unfair debt collection practices.  It also protects reputable debt collectors and law firms from unfair competition.  Below is a comprehensive outline of restrictions and requirements that debt collectors must follow to ensure FDCPA compliance. When does the FDCPA apply? The FDCPA applies only to the collection of debt incurred by a consumer primarily

Louisiana Default Judgment Laws It has been a year since Louisiana’s new default judgment laws went into effect on January 1, 2022.  Practitioners and judges alike have now had enough time to adjust to the changes in the law.  As a practitioner who takes default judgments every week, these changes were of particular interest to myself, my staff, and my clients.  One of the first questions I received last January was: “[i]s it going to be harder to get a default judgment?”  My short answer then was that it appeared it would be a give and take; that one step

Debtor and her husband entered into a promissory note secured by a mortgage in the purchase of their home. In June 2004, they defaulted on the loan. Two months later, Debtor’s husband passed away. In November 2004, Creditor filed an executory proceeding to perfect the seizure and sale of the property. After filing the suit, Creditor’s Counsel received the original promissory note which was marked with an unsigned stamp indicating the note was paid and cancelled. He also received correspondence from Debtor’s counsel stating that the foreclosure was improperly supported, yet Creditor continued to move forward with the seizure. In