A common misconception that gets thrown around is that if someone is "crazy" or "insane" they can commit any type of crime they want, claim "insanity," and walk out the courtroom doors as if nothing happened. Not only is this generally inaccurate, the defense of "insanity" is also rare and comple...

Bail is money that must be given, or promised to be given, to the Court to ensure that a defendant returns to court for all of their future hearings and remains law abiding during the pendency of their case. What this means is someone who has been charged with a crime—and is presumed innocent—ma...

A potential and well-known defense that may be used in response to being charged with a violent person-crime (such as assault or murder) is ‘Self-Defense.' While the law generally prohibits the use of force by and amongst the general public (the government maintains a monopoly on permissible vio...

You've probably seen it on T.V. or in the movies – someone is arrested by the police, and as soon as the handcuffs are on, the officer says the well-known line, “You have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to an atto...

While facing any type of charge is scary, it's important to note there are different levels of crimes and offenses, with each one carrying different potential penalties and consequences. What you're charged with will vary depending on the specific allegations against you, the statute(s) alleged t...

In our previous post, we discussed the right to remain silent, when it applies, what law enforcement must do, and what might happen if they don't. In this post, we'll discuss HOW the right to remain silent is used. Now, some might ask, “it's a right, why does someone have to do anything to use ...

In Minnesota, there are several different levels of assault charges. The general underlying commonality is an allegation that a person: (1) intentionally inflicted, or attempted to inflict, physical harm upon another person, or (2) committed an act with intent to cause fear in another of immediat...

For the past couple months, I've been getting at least one phone call a week from a consumer with the same story: someone calls them on the telephone out of the blue demand payment on an old (over ten years) debt (usually a credit card) and threatens them with a lawsuit or arrest if they don't pa...

Nobody chooses to do business with Midland Credit Management, but Midland may choose to do business with you whether you like it or not. Midland is one of the largest purchasers of distressed consumer receivables in the United States, which is just a fancy way of saying they're a bunch of bottom-...

What should I do if a debt collection company has filed a lawsuit against me? If you find yourself facing a lawsuit over a debt, one good solution is to seek the assistance of a debt defense attorney. Oftentimes, you don't feel you owe them money, and the debt collection company is not a company...

A leading servicer of federal student loans, Navient, recently announced it will transfer its current student loan portfolio and withdraw from the U.S. Department of Education's federal student loan servicing system. Navient plans to transfer the accounts to a company called Maximus.  This c...

Every year, several hundred thousand people across the United States are sued by companies (debt buyers) they have never done business with and may never have heard of. These firms are called debt buyers or junk debt buyers and although they have never loaned anyone a penny, millions of Amer...

Identity theft is on the rise. After several years of major data breaches, it's almost guaranteed that your private identifying and financial information – for example, account number, date of birth, or social security number – have been involved in a data breach and are in the hands of “bad gu...

The Consumer Financial Protections Bureau issued regulations regarding the Fair Debt Collection Practices Act (FDCPA) and here is what you, the consumer, need to know about it: Beginning November 30th, 2021, if you receive an email or text message regarding a debt, DO NOT assume it is spam o...

The credit score you find online probably isn't the same number the auto lender sees when you apply to finance a new vehicle. It isn't the same as the score a mortgage lender or credit card issuer might see either. In fact, a credit score check in each of these situations might come back with s...

How to deal with debt collectors. Play the video More Information Can You Inherit Debt? Fight or Flight? Lawsuit Intimidation Latest IRS Scams: How to Spot Them and Fight Back

Just because a consumer owes a debt doesn't mean the collection agency can communicate any way they choose. That's where we come in with collection agency defense. According to the Federal Trade Commission, debt collection is one of the most complained about industries, but even still, many cons...

Learn which types of debt can become your responsibility Losing a loved one is never easy. There's much for the surviving spouse, partner, and other relatives to sort through, including any unpaid debts. Debts don't go away when a person dies, but that doesn't mean the family is responsible for ...

Canceling student loan debt is a popular subject in today's climate, but it's been a popular topic for more than 20 years and 45 million people still owe $1.7 trillion. That could change if Biden and Congress reach some sort of compromise on how much to cancel and qualifying requirements. In th...