What happens when you stop making monthly minimum payments on your credit card?

When a credit card holder stops making the minimum payment, late fees do continue to accumulate each month, but that's just one part of what happens. Here's what typically occurs:

Late fees are charged each month you miss a payment (usually $25-$40 per missed payment, depending on your card agreement)

The account enters delinquency status, which progresses through stages:

30 days late

60 days late

90 days late

120+ days late

The interest rate often increases to a higher penalty APR (which can be 29.99% or higher)

Credit reporting begins, with increasingly severe negative marks appearing on your credit report as the delinquency continues

After approximately 180 days (6 months) of non-payment, the account is typically "charged off" by the credit card company, meaning:

They write it off as a loss for accounting purposes

The account is closed/terminated

The debt is either sold to a collection agency or pursued through their own collection department

Even after charge-off, you still legally owe the debt, and interest and fees may continue to accrue according to the original card agreement. The debt can remain collectible for several years (the statute of limitations varies by state, typically 3-10 years).

If you're having trouble making payments, it's usually better to contact your credit card company directly to discuss hardship programs or payment arrangements rather than simply stopping payments.

FDCPA Notice of Debt and Itemization Date

 FDCPA Notice of Debt and Itemization Date

§ 809 Notice of Debt

15 U.S.C. § 1692g

Debt Validation 

Debt collectors and others commonly refer to the validation requirements in FDCPA section 809(a) as a “validation notice” or a “G notice.”

(a) Notice of debt; contents

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing-

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

(c) Admission of liability

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

(d) Legal pleadings

A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

(e) Notice provisions

The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

—----------------------

Debt Collection Rule

Small Entity Compliance Guide

https://files.consumerfinance.gov/f/documents/cfpb_debt-collection_small-entity-compliance-guide.pdf

Itemization-related information

A debt collector must include a breakdown of the debt, which includes the following items: Itemization date. 12 CFR 1006.34(b)(3). A debt collector must disclose the date that it will use when disclosing the itemization-related information. The “itemization date” reflects an event in the debt’s history that provides a reference point that consumers may recognize. Debt collectors may determine the itemization date, which will be used to identify other itemization-related items (as well as the name of the creditor as of the itemization date and the account number disclosures, discussed above in the debt information section), by selecting one of five reference dates:

1. The last statement date. The last statement date is the date of the last periodic statement or written account statement, or invoice provided to the consumer by a creditor. The last statement may have been provided by a creditor or a third party acting on the creditor’s behalf, including a creditor’s service provider. However, a statement or invoice provided by a debt collector is not a last statement, unless the debt collector is also a creditor. 12 CFR 1006.34(b)(3)(i); Comment 1006.34(b)(3)(i)-1

2. The charge-off date. The charge-off date is the date the debt was charged off. 12 CFR 1006.34(b)(3)(ii).

3. The last payment date. The last payment date is the last date a payment was applied to the debt. It can be the date a third-party payment was applied to the debt, such as a payment from an auto repossession agent or an insurance company, if that payment was the last payment on the account. 12 CFR 1006.34(b)(3)(iii); Comment 1006.34(b)(3)(iii)-1.

4. The transaction date. The transaction date is the date of the transaction that gave rise to the debt. It is the date that the good or service that gave rise to the debt was provided or made available to the consumer. For example, the transaction date for a debt arising from a medical procedure may be the date the medical procedure was performed, and the transaction date for a consumer’s gym membership may be the date the membership contract was executed. In some cases, a debt may have more than one transaction date. If a debt has more than one transaction date, a debt collector may use any of the transaction dates as the transaction date for purposes of the itemization date. For example, if a consumer enters into a contract on one date and the creditor performs the contracted service on another date, either date may be the transaction date. However, the debt collector must use the selected transaction date consistently. 12 CFR 1006.34(b)(3)(iv); Comment 1006.34(b)(3)(iv)-1. 

5. The judgment date. The judgment date is the date of a final court judgment that determines the amount of the debt owed by the consumer. 12 CFR 1006.34(b)(3)(v).

12 CFR 1006.34(c)(2)(vi); 12 CFR 1006.34(b)(3).

For any of the five itemization reference date options above, once a debt collector uses one of these dates in any communication with a consumer for a debt, the debt collector must use that date consistently in validation information communications about that debt to that consumer. For example, the debt collector may not use the last statement date for some items and the charge-off date for other items disclosed in the validation information. In that scenario, the debt collector must exclusively use either the last statement date or the charge-off date for all itemization-related validation information for that debt. Comment 1006.34(b)(3)-1. However, a subsequent debt collector need not use the same itemization date as prior debt collectors. Comment 1006.34(b)(3)-2.

 

Florida Criminal Background Checks

March, 2025

Thomas Fox, J.D.

Fox Paralegal Services

Lake Cumberland, Kentucky

https://blog.foxparalegalservices.com/

Florida Youth Soccer has, by law, begun to require Level 2 Florida criminal background checks. The Lovel 2 criminal background check requires the applicant's fingerprints. This makes the Level 2 check more rigorous than the Level 1 background check, that does not involve he use of fingerprints.

How much more accurate and in-depth is the Level 2 criminal background check compared to the Level 1 check, and why? 

Comparison: Level 2 vs. Level 1 Criminal Background Checks in Florida

Florida law distinguishes between Level 1 and Level 2 background checks, with Level 2 being significantly more rigorous, in-depth, and accurate. The key differences arise from the use of fingerprints, the breadth of criminal record searches, and how deeply the subject is vetted.

Florida Youth Soccer Association

---

1. Key Differences Between Level 1 and Level 2 Background Checks

Feature	Level 1 Background Check	Level 2 Background Check
Identification Method	Name-based (SSN, DOB, Name)	Fingerprint-based (more precise)
Scope of Criminal Record Search	Florida-only (FDLE database)	Statewide + National (FBI/FDLE)
FBI National Check	❌ Not included	✅ Includes FBI fingerprint check
Accuracy & Risk of Errors	Higher risk of false matches (common names, aliases)	Extremely precise due to biometric verification
Arrest & Conviction Records	May only report convictions	Reports arrests, charges, and convictions
Search of Additional Databases	Limited to FDLE databases	Includes NCIC, sex offender registries, abuse registries
Who Typically Requires It?	Private employers, lower-risk roles	Jobs with vulnerable populations (youth, elderly, disabled)
Disqualifying Offenses	Employer discretion	Florida Statutes § 435.04 defines automatic disqualifications

---

2. Why Is Level 2 More Accurate and In-Depth?

A. Fingerprints Ensure Correct Identification

• Level 1 relies on name-based searches, which can miss records due to alias use, misspellings, or common names.

• Level 2 uses fingerprints, which are unique to each person, eliminating identity confusion.

• Example: Two "John Smiths" in Florida—Level 1 may confuse their records, but Level 2 fingerprints confirm exact matches.

B. Nationwide Criminal Record Check

• Level 1 checks only Florida records (FDLE system), missing crimes from other states.

• Level 2 searches the FBI's National Crime Information Center (NCIC) and other state law enforcement databases, ensuring out-of-state crimes are not overlooked.

C. More Comprehensive Background Coverage

• Level 2 includes records of arrests, charges, and convictions, whereas Level 1 often reports only convictions.

• Sex offender registries and child abuse databases are included in Level 2, ensuring maximum safety for positions working with minors.

D. Florida Statute § 435.04 Mandates Strict Disqualifications

• Level 2 disqualifies individuals automatically for certain offenses, such as:

• Sexual offenses

• Child abuse

• Violent felonies

• Fraud-related felonies

• Level 1 does not have mandatory disqualifications—employers have more discretion.

---

3. Why Is Level 2 Necessary for Youth Athletic Coaches?

• Ensures child safety by detecting past crimes nationwide.

• Reduces risk of mistaken identity by using fingerprints.

• Aligns with Florida law (statute mandates fingerprint-based screenings for positions of trust).

---

Final Verdict: How Much More Accurate Is Level 2?

• Level 2 is vastly more accurate because it: ✅ Uses biometric fingerprinting for precise identification.

• Searches national databases (FBI, NCIC, sex offender registries), unlike Level 1, which is limited to Florida records.

• Detects arrests, pending charges, and convictions, whereas Level 1 may only show convictions.
  Prevents identity mix-ups, a common issue in name-based searches.

Conclusion:

 Level 2 background checks are the gold standard for positions requiring a high degree of trust, like youth athletic coaching, because they provide the most thorough vetting possible.

Additional Resources:

FYSA Risk Management Policy Memo

Florida Youth Soccer Association RULES  2024 - 2025 

The FYSA Risk Management Program is in place to identify and assess potential risks to their soccer community. FYSA monitors and minimizes the probability and/or impact these risks may pose to youth athletes around the state.

The Unauthorized Practice of Law and My Life as a Freelance Paralegal

 

During my career as a freelance paralegal, I have encountered many desperate folks seeking a cheaper lawyer and not realizing they were asking me to participate in the unauthorized practice of law. Lawyers run a tight union, and they are generally ruthless in defending their turf and monopoly to provide legal services. In some states, the unauthorized practice of law is punished as a felony. Every state prohibits it.

 Legal advice is generally defined as the assessment and application of principles of law to a particular factual situation. It involves the application of legal principles to facts in a manner that 

(1) in effect predicts a specific resolution of a legal issue or 

(2) directs, counsels, urges, or recommends a course of action by a disputant or disputants as a means of resolving a legal issue. 

Merely providing legal information is not considered legal advice. Legal advice generally involves suggesting or predicting a course of action based upon the evaluation of a person’s or entity’s particular legal situation.

As a paralegal, I aim always to provide generally applicable legal information to non-lawyers and not legal advice. 

In Kentucky, the Kentucky Supreme Court Rule 3.020 defines the practice of law this way:

 "The practice of law is any service rendered involving legal knowledge or legal advice, whether of representation, counsel or advocacy in or out of court, rendered in respect to the rights, duties, obligations, liabilities, or business relations of one requiring the services. But nothing herein shall prevent any natural person not holding himself out as a practicing attorney from drawing any instrument to which he is a party without consideration unto himself therefor. An appearance in the small claims division of the district court by a person who is an officer of or who is regularly employed in a managerial capacity by a corporation or partnership which is a party to the litigation in which the appearance is made shall not be considered as unauthorized practice of law."

Does my booklet "How to Answer a Credit Card Debt Collection Lawsuit" involve a "service rendered involving legal knowledge or legal advice . . . in respect to the rights, duties, obligations, liabilities, or business relations of one requiring the services" within Kentucky's definition of the practice of law? Maybe I should move to California, home of NOLO Press, if it does. 

Norman Dacey published "How to Avoid Probate," in 1965. This book became a bestseller and popularized living trusts as a way for ordinary people to avoid the costs and delays of probate.

The legal establishment, particularly bar associations, reacted strongly against Dacey. The Connecticut Bar Association sued him for unauthorized practice of law, as he was not an attorney but was providing detailed instructions on creating legal documents. This led to a significant legal battle that went all the way to the Connecticut Supreme Court. Grievance Committee v. Dacey, 154 Conn. 129 (1966)

The case raised important questions about the boundary between providing general legal information and engaging in the practice of law. Eventually, Dacey prevailed in his legal battles, with courts generally finding that publishing a book with legal information did not constitute the unauthorized practice of law.

Also: Dacey v. Connecticut Bar Assn. 170 Conn. 520, 368 A. 2d 125 (1976) and Dacey v. Connecticut Bar Assn. 184 Conn. 21, 441 A. 2d 49  (1981)

This controversy was one of the early battles in what later became a broader movement toward making legal information and self-help materials more accessible to the public.

The legal self-help landscape has transformed dramatically since Dacey's 1965 book. What began as a controversial outlier has evolved into a robust ecosystem of DIY legal resources:

Major developments:

Widespread acceptance of self-help materials: Legal self-help books, software, and online resources have become mainstream. Publishers like Nolo Press (founded in 1971) built entire businesses around legal self-help.

Digital revolution: Online platforms now offer interactive document assembly, automated forms, and virtual legal assistance. Companies like LegalZoom, RocketLawyer, and DoNotPay provide services that would have been unimaginable in 1965.

Court system adaptation: Many courts now provide self-help centers, standardized forms, and resources for pro se litigants, recognizing that many people either cannot afford or choose not to hire attorneys.

Unbundled legal services: Many attorneys now offer limited-scope representation, allowing clients to handle parts of their legal matters themselves while getting professional help for specific components.

The legal profession's response:

The organized bar's approach has evolved from outright opposition to a more nuanced position:

State bars now focus more on defining boundaries rather than blocking access completely

Many lawyers have adapted their practices to complement rather than compete with self-help options

The focus of regulation has shifted toward protecting consumers from fraudulent or incompetent services rather than protecting the profession's monopoly

However, there are still periodic battles over where to draw the line between information and advice

The unauthorized practice of law (UPL) remains a concern, but the debates now tend to center around specific practices of online legal service providers rather than the mere existence of self-help materials. Many states have clarified their UPL rules to account for modern realities while still addressing legitimate concerns about consumer protection.

The legacy of Dacey's book and the subsequent legal battles is a much more accessible legal system, though one that continues to navigate the balance between accessibility and protection.

Defending Against a Credit Card Debt Collection Lawsuit - Outline

 

Defending Against a Credit Card Debt Collection Lawsuit: A Practical Guide for Non-Lawyers

Thomas Fox, J.D.

A step-by-step process for verifying, investigating, and defending a lawsuit effectively.

---

I. Introduction: Understanding the Debt Collection Lawsuit Process

1. Purpose of This Guide

   • Who this guide is for
   • What this guide will help you do

2. What Happens When You Are Sued for a Credit Card Debt?

   • The typical process of a debt collection lawsuit
   • What the plaintiff (debt collector) must prove
   • Your rights and options as the defendant

3. Common Pitfalls to Avoid in Debt Collection Lawsuits

   • Default judgments
   • Admitting liability unintentionally
   • Making partial payments that restart the statute of limitations
   • Failing to challenge weak or missing evidence

---

II. Initial Response: Verifying the Lawsuit’s Authenticity

1. Checking for Fraud: Is This Lawsuit Real or a Scam?

   • How scammers impersonate courts and collectors
   • How to verify lawsuit authenticity with the court clerk
   • Signs of a fraudulent or deceptive lawsuit notice

2. Understanding Your Legal Deadlines

   • The deadline to respond to a lawsuit (varies by state)
   • What happens if you miss the deadline (default judgment risk)
   • Requesting more time to respond (when applicable)

3. Determining Whether a Written Answer is Required

   • General civil court vs. small claims court procedures
   • State-specific variations in court rules

---

III. Investigating the Debt and Debt Collector

1. Step 1: Identifying the Plaintiff (Who is Suing You?)

   • Is the plaintiff the original creditor or a debt buyer?
   • Common debt buyers and their legal tactics
   • How to verify the plaintiff’s corporate status and legal authority

2. Step 2: Verifying the Debt Collector’s Legitimacy

   • Checking state registration and licensing requirements
   • Looking up the plaintiff and their attorney in Secretary of State records
   • Checking for past violations with the Consumer Financial Protection Bureau (CFPB) and state consumer agencies

3. Step 3: Checking the Debt Collector’s Legal Right to Sue (Standing)

   • What is "legal standing," and why does it matter?
   • How debts are bought and sold (chain of title issues)
   • Common problems with debt ownership documentation

4. Step 4: Validating the Debt (Does This Debt Actually Exist?)

   • Sending a Debt Validation Letter under the Fair Debt Collection Practices Act (FDCPA)
   • How debt collectors often fail to prove debt validity
   • Errors in debt amounts, interest charges, and fees

---

IV. Preparing a Defense: Answering the Lawsuit and Developing a Strategy

1. How to Draft and File a Formal Answer

   • The structure of an Answer (admissions, denials, affirmative defenses)
   • Common affirmative defenses in debt lawsuits
   • What happens if you don’t file an Answer

2. Common Legal Defenses Against Debt Collection Lawsuits

   • Statute of Limitations Defense (Is the debt too old to be collected?)
   • Lack of Standing (Can they prove they own the debt?)
   • Failure to Provide Sufficient Evidence (Does the plaintiff have the necessary documents?)
   • Improper Service of Process (Were you properly served the lawsuit?)
   • Debt Discharged in Bankruptcy

3. When and How to File a Motion to Dismiss

   • Situations where a motion to dismiss is appropriate
   • How to draft and file the motion
   • Possible court rulings on dismissal motions

4. What If You Have No Defense? Negotiation and Settlement Options

   • When to consider negotiating a debt settlement
   • What to ask for in a settlement agreement
   • How to avoid restarting the statute of limitations

---

V. Discovery and Pre-Trial Litigation Strategy

1. Understanding Discovery in a Debt Collection Lawsuit

   • What is discovery, and how does it work?
   • Key discovery tools:
     • Requests for Production of Documents (forcing the plaintiff to show proof)
     • Interrogatories (written questions for the plaintiff)
     • Requests for Admissions (forcing the plaintiff to admit or deny key facts)

2. How to Use Discovery to Expose Weaknesses in the Plaintiff’s Case

   • What to request in discovery (account agreements, chain of title, billing statements)
   • Common missing documents that can lead to case dismissal
   • How debt buyers often fail to meet the burden of proof

3. How to Respond to Discovery Requests from the Plaintiff

   • What to do if the plaintiff sends you discovery questions
   • How to avoid admitting liability in discovery responses
   • Objecting to improper or overbroad discovery requests

---

VI. Trial Preparation and Court Strategy

1. How to Prepare for a Court Hearing or Trial

   • Understanding court procedures and expectations
   • How to organize your defense and present evidence
   • Tips for responding to the plaintiff’s arguments

2. Cross-Examining Debt Collectors in Court

   • Questions to ask a debt buyer’s witness
   • Exposing weaknesses in their documentation
   • Challenging hearsay evidence and improper affidavits

3. What Happens If You Lose? Post-Judgment Options

   • How to challenge an unfair judgment (appeals, motions to vacate)
   • Understanding wage garnishment and bank levies
   • Bankruptcy as a last resort option

---

VII. Appendices and Additional Resources

1. State-Specific Resources and Legal Aid Contacts

   • Links to Secretary of State databases
   • List of state attorney general consumer protection offices

2. Sample Forms and Templates

   • Debt validation request letter
   • Sample Answer to a debt collection lawsuit
   • Sample Motion to Dismiss template

3. Recommended Further Reading

   • Books and websites on consumer debt defense
   • Relevant laws: Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and state consumer laws