Debt Collection Defense

debt

 

ARE YOU BEING SUED BY YOUR CREDIT CARD COMPANY OR A DEBT COLLECTOR?

Debt collectors can be divided into two types: the original creditor and the junk-debt buyer. The original creditor had some business transaction with the consumer. The junk-debt buyer is a stranger to the consumer and hopes to make enormous profits off of you.

Junk-debt buyers buy old credit card accounts already written off by the original creditor. The junk-debt collector contacts the consumer and attempts to collect the debt. If it is not successfu, then it files a lawsuit to collect the debt.

BUT JUNK-DEBT BUYERS SELDOM HAVE SUFFICIENT DOCUMENTS TO SUPPORT THEIR CLAIMS.

Knowledgeable attorneys can exploit these defects. According to one judge, in “90 percent of credit card lawsuits the plaintiffs cannot even prove that a person owes the debt.” But the debt collectors are successful because many times the defendants simply LET THEM WIN and don’t defend their rights.

If you are facing a lawsuit from a credit card company or are being harassed by a debt collector, give us a call and we will tell you how we can help. It is important that you act quickly because under Florida law YOU ONLY HAVE 20 DAYS TO RESPOND TO THE LAWSUIT ONCE IT IS SERVED ON YOU.

Fair Debt Collections Practices Act

The Fair Debt Collections Practices Act (FDCPA) prohibits debt collectors from harassing consumers while attempting to collect a debt. If you are receiving excessive phone calls, threats or insults, call us and we can get the calls to stop. If a debt collector has lied to you or disclosed information about your debt to friends, families or co-workers, we can represent you in a case against the abusive debt collector.

There are 19 types of actions that are ILLEGAL for debt collectors to do in Florida. The most common offenses include:

  • Telephone harassment
  • Failure to send required written notice to the consumer
  • Demands for an amount other than what is permitted by law or contract
  • Threats of criminal prosecution or property seizure for failure to pay

Please contact our office today for a free initial consultation to discuss your rights and options.

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