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 […]
About Ken Gibert
This author has yet to write their bio.Meanwhile lets just say that we are proud Ken Gibert contributed a whooping 385 entries.
Entries by Ken Gibert
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 […]
(More extensive notes coming soon)
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 […]
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 […]
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: […]
Given what’s happening to the economy, does it make sense to open a new business? Maybe, if it’s physically and financially safe. Here are a couple of ideas.
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 […]
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 […]
The new 20:20 project – New Year, New Kind of Membership There are three videos in this series. Together, they describe the debt litigation process and almost everything you will encounter as you go through it. We have products for every situation, but these videos are more about the process than our products. Below the […]