Debt Collection

Understanding Wage Garnishment in Hawaii

2014-10-06T22:45:11+00:00By |Comment(s):Comments Off on Understanding Wage Garnishment in Hawaii

Wage garnishment in Hawaii is when funds are taken directly from your paycheck and sent to a creditor.  This can happen when you are behind in payments or have made no effort to make any payments to your creditor. In Hawaii, there are limits on how much your creditors can take from your earnings and there are also federal laws that place limits on this amount.  You may be able to choose which one, state or federal, will protect more of your money.

Most of the time, your creditors will have to go to court to get an order of garnishment to be sent to your employer.  However, there are some instances where wages can be garnished without a court order.  These could be if you do not pay your taxes,

The Dangers of Consolidating Debt for Debt Relief

2020-05-01T19:50:16+00:00By |Comment(s):Comments Off on The Dangers of Consolidating Debt for Debt Relief

With so many people in Hawaii facing debt challenges, you may be searching for a solution that will lead to being debt free. Among the many solutions people have been looking into is debt consolidation. There are several forms of debt consolidation, but none of which are that appealing when you take into consideration the ways in which it will affect you overall. Make sure you are considering your options completely in order to get the kind of help that will actually lead to getting out of debt.

Debt Consolidation Using a Second Mortgage

Homeowners are often lured into the idea of getting a home equity line of credit in order to pay off debts. While this may give you all the money you need to pay off your creditors, it may

Abusive Debt Collectors Handed Their Walking Papers

2020-05-01T19:52:53+00:00By |Comment(s):Comments Off on Abusive Debt Collectors Handed Their Walking Papers

Lenders have been given free rein for a long period of time to collect old debts in any way that they want to. All creditors are supposed to practice fair collection techniques that do not harass the borrower. This is not always the case. In clear violation of the Fair Debt Collection Practices Act, many creditors and debt collectors will call multiple times a day in order to collect a debt from an individual. It is hoped that this will be addressed and eliminated with the Consumer Financial Protection Bureau’s plan to readdress the Dodd-Frank financial overhauls law. The law protects individuals from acts that are deemed to be abusive, deceptive or unfair in any way.

Lawsuits Unanswered

One phenomenon that occurs regularly is lawsuits filed by debt

States begin suing major banks like Chase over faulty credit card debt collection cases

2013-05-12T21:34:32+00:00By |Comment(s):Comments Off on States begin suing major banks like Chase over faulty credit card debt collection cases

As recently reported in this New York Times article, the attorney general of the State of California recently sued JP Morgan Chase for its shoddy practices in suing consumers on their credit card debt.  Many of the same shady tactics found at the root of the foreclosure crisis are being discovered in thousands of credit card collection cases filed by Chase.  Further, the Office of the Comptroller of Currency is reportedly investigating Chase over the way it collects credit card debt.

Although many times banks such as Chase are unable to produce the documents required to prove indebtedness of the consumer, they often flout the legal process and use hastily created summaries to file their suits.  The vast majority of such suits result in default judgments when consumers are

State Pension Fund $8.4 Billion Short

2013-02-15T01:32:13+00:00By |Comment(s):Comments Off on State Pension Fund $8.4 Billion Short

If you’re like us, you hope to retire some day and you worry about how to make that happen.  Today, the Honolulu Star Advertiser’s leading article reports that the state’s largest public pension fund, Employees’ Retirement System (ERS), “is in its worst shape since at least 1980 with an $8.4 billion shortfall.”  However, the state does expect to have the program properly funded 30 years from now if the following conditions: current and new employees must contribute more, the portfolio must average an annual return of at least 7.75%, and people must not live longer than 83 years of age.  These seem like some pretty unlikely conditions to us.

This unwelcome news reminds us of a frequent story we hear from our clients about how they have exhausted all their

I’m Getting a Tax Refund, How Should I Use It?

2012-12-16T20:35:41+00:00By |Comment(s):Comments Off on I’m Getting a Tax Refund, How Should I Use It?

USA Today reported in April 2012 that more than 200,000 American households were expected to use a portion of their 2011 tax refund checks to pay for bankruptcy filings.  Although we have not yet seen any projections for this coming tax season, we expect to see a similar result in 2013.

As you receive your tax refunds and make plans for using it to pay down your debts, we encourage you to check in with Abelmann Law and come in for a free consultation before you take any action.  We can assist you in analyzing the best strategy; you have many options other than just using the money to fill what may seem like a bottomless pit.

Bank Of America’s Mortgage-Modification Practices Border On ‘Unconscionability,’ Judges Say

2012-06-26T21:38:05+00:00By |Comment(s):Comments Off on Bank Of America’s Mortgage-Modification Practices Border On ‘Unconscionability,’ Judges Say

Posting this link to the Huffington Post without further comment other than to say that we see this borderline ‘unconsionability’ on a daily basis.

If you are contemplating bankruptcy, working on a mortgage loan modification, or fighting foreclosure and you’re fed up with feeling like your creditors are giving you the “bait-and-switch,” then please contact us for a free consultation.

All Walks of Life

2012-04-07T00:46:33+00:00By |Comment(s):Comments Off on All Walks of Life

April 6 brought news that former NFL star defensive lineman Warren Sapp has filed for Chapter 7 bankruptcy protection.  This serves as a good reminder that, contrary to what many of us may have thought, the individuals and families that file for bankruptcy protection come from all walks of life and file for all varieties of reasons, including, illness, death in the family, and accidents.   The protection and the fresh start afforded by bankruptcy allows many people the chance to catch their breath, get back on their feet,  then return to pursuing their financial goals.  You may have heard of the following people who filed for bankruptcy protection:

  • Abraham Lincoln
  • Henry Ford
  • Walt Disney

If you’re stressed out and losing sleep over whether bankruptcy is the right decision for you, then please give

7 Illegal Habits of Debt Collectors

2012-04-06T04:03:53+00:00By |Comment(s):Comments Off on 7 Illegal Habits of Debt Collectors

Along the same lines as our most recent post, we’ve come across this article entitled, “7 Illegal Habits of Highly Unscrupulous Debt Collectors.”  Again, given the skewed incentives, it should not surprise any of us that Debt Collectors will push the envelope of legality in an effort to get you to pay them money.  The reality of the situation is that they are repeatedly crossing the line.  Though you may owe money, you do have rights.  We suggest that you take 5 minutes and read the article – it’ll be worth your time.

If you are being harassed by Debt Collection agencies then you should call Abelmann Law to schedule your free consultation with an attorney.  We will go through your bills with you and

Collection Agencies Win Free Trips by Harassing Borrowers into Unreasonable Terms

2012-03-27T01:41:03+00:00By |Comment(s):Comments Off on Collection Agencies Win Free Trips by Harassing Borrowers into Unreasonable Terms

On March 25, Bloomberg.com published a troubling report detailing the incentives offered to collection agencies attempting to collect on delinquent debts.  While it should come as no surprise that collections agencies are pushing the legal limits with their methods, at Abelmann Law we find it particularly concerning that the agencies are failing to advise individuals of the various repayment options available to them.  In many cases the result is increased financial hardship for families that are already struggling under a heavy debt burden.  Meanwhile, “successful” debt collection agents are rewarded with cash bonuses, foreign trips and gift certificates.
While the above-mentioned report focuses on debt collection practices in the student loan industry, we think you will agree that the problem does not end there.  If you are being

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