Entries by Ken Gibert

Usury and Non-Bank Loans

I have had my hands full lately with the National Banking Act (NBA). Specifically, the question is whether the NBA, which protects national banks from usury claims, applies to debt collectors which buy the debts. It turns out that question has several possible answers. National Banking Act Allows Usury Here’s the background: some states have […]

FDCPA and Minnesota and the Dakotas’ “Pocket Service”

Under the Fair Debt Collection Practices Act (FDCPA), a debt collector is required to provide written notice of your right to dispute a debt within five days of its first attempt to collect the debt. See 15 U.S.C. Sec. 1692g(a). The law states that “a communication in the form of a formal pleading in a […]

Genetic Privacy and Government Data Bases

Michael Connelly is one of my favorite authors, and he’s just come out with a new novel, Fair Warning. It is, like so many Connelly books, about serial killers. In this one, the killer appears (I haven’t finished the book yet) to be using a company selling genetic family tracing information to locate victims. Unlike […]

Moratorium on Evictions

There’s a New Moratorium in Town With evictions beginning to happen, the feds have stepped in with an eviction moratorium. See, https://hosted.ap.org/berkshireeagle/article/1eb82db82ec722d329e52eff638c797f/cdc-directs-halt-renter-evictions-prevent-virus-spread…. You have to prove four things to block an eviction: 1) Income < 99,000/yr if single; (2) you have sought government assistance to pay; (3) you can’t pay because of “Covid-19 hardships” and […]

Usury and Non-Bank Loans

National Banking Act and Debt Law I have had my hands full lately with the National Banking Act (NBA). Specifically, the question is whether the NBA, which protects national banks from usury claims, applies to debt collectors which buy the debts. It turns out that question has several possible answers. Some Background Here’s the background: […]

Default During the Time of Corona Virus

It is not yet clear whether the courts are now accepting new cases for filing in debt collection or not, but some people are contacting me with cases they have recently received. Are some law firms have cases previously filed served? Are service processors just finding people home now? Or are people just finding cases […]

Debt Defense in 20-20 Vision

Introducing the 20-20 Memberships We are introducing two new types of membership, the 20-20 and 20-20 plus. Right now, the difference is just how long they last, but it is likely that there will be some special content or materials for 2020+ before too long. If you have watched the videos at the Overview of […]