Having an attorney to fight debt collectors can be a lifesaver. You can protect your rights and avoid further financial stress by hiring a professional who knows the law and can navigate the complex process of debt collection.
Debt collectors are governed by the Fair Debt Collection Practices Act (FDCPA), which outlines specific rules and regulations they must follow. An attorney can help you understand these laws and ensure that debt collectors are not taking advantage of you.
Failing to respond to debt collectors can lead to wage garnishment, which can have serious consequences for your financial stability. An attorney can help you understand your options and develop a strategy to avoid wage garnishment.
An attorney can also help you dispute debts that are inaccurate or invalid, which can save you money and protect your credit score.
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Understanding Debt Collection Laws
Debt collection laws are in place to protect consumers from abusive and unfair practices. If a debt collector is contacting you, it's essential to understand your rights.
You have the right to know that the debt collector actually owns the debt, even if you know the debt is valid. The debt collector must be able to provide you with a copy of an assignment of the debt that specifically includes the debtor's name, address, and account number.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behavior of third-party debt collectors. In Pennsylvania, there's a law called the Fair Credit Extension Uniformity Act (FCEUA) that prohibits deception, harassment, and unfair debt collection practices.
If you're being sued by a debt collector, don't delay and don't ignore the summons or court date. If you don't appear in court, the court may enter a judgment against you, and the creditor may attempt to collect from your wages or assets.
Here's a breakdown of the key information you need from a debt collector:
- Name of the debtor
- Address of the debtor
- Account number
Remember, making even a small payment on the debt prior to obtaining legal advice may be an admission or revive the statute of limitations on an old debt.
Your Rights and Protections
You have the right to know that the debt buyer actually owns the debt, even if you know the debt is valid. They must provide you with a copy of an assignment of the debt that specifically includes your name, address, and account number.
Debt collectors are prohibited from using threats, profanity, or any form of harassment to coerce debtors into paying their debts. They cannot make excessive or annoying phone calls, use obscene language, or engage in any conduct that is intended to abuse or intimidate debtors.
You have the right to request validation of the debt in writing within 30 days of receiving the initial communication from the debt collector. Upon request, the debt collector must provide information verifying the debt, such as the amount owed, the original creditor, and any relevant documentation.
Debt collectors are not allowed to apply a payment to a disputed debt without your permission. If you make a payment on one of your accounts, they must apply it in accordance with your instructions.
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You have the right to dispute the debt if you believe it is inaccurate, or incomplete, or if you have any other valid reasons for disputing it. The debt collector must investigate the dispute and provide a response.
Here are some key rights and protections you have under the FDCPA:
- Right to validation of debts
- Right to cease and desist
- Right to dispute the debt
If you're being harassed by collectors, it's essential to know that you have rights. You can request that debt collectors cease all communication with you, and they must comply, with a few exceptions such as notifying you of legal actions.
Stopping Harassment and Abuse
You don't have to stand for creditor harassment. At Kazerouni Law Group, our attorneys have the resources and experience to fight back for you.
The Fair Debt Collection Practices Act (FDCPA) gives you the right to sue a debt collector who is violating collections laws. This means you can take action against creditors who are being unfair and harassing.
Debt validation is one important option for debtors. It's a way to fight against creditors trying to collect on debts that are invalid or misrepresented. Our lawyers can help you protect your rights and fight these violations.
What qualifies as debt collection harassment? Here are some examples:
- Unlawful Communication, such as using obscene, harassing, or threatening language.
- Excessive phone calls, text messages, and emails.
- Contacting you after hours, between 8pm and 9am.
- Contacting third parties about your debt.
You have the right to be treated fairly and with respect by creditors. If you're experiencing any of these forms of harassment, don't hesitate to seek help. Our attorneys can guide you through the process and help you take action against abusive creditors.
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Working with an Attorney
You can win a debt collection lawsuit on your own, but hiring an attorney significantly increases your chances of success. A debt defense attorney understands the intricacies of debt law and knows what types of arguments to make.
If you fail to respond to a debt collection lawsuit, a default judgement will be issued against you, which means the debt collector wins automatically. In fact, a study of over 1400 debt collection lawsuits found that in 90% of cases, the debt collector did not have enough evidence to successfully win the case.
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Hiring an attorney can also help you avoid appearing in court, which forces the debt collector to prove its case using its own documents and witnesses. This can be too difficult or costly for a debt collector, making it a winning strategy for you.
Some debt attorneys specialize in protecting clients from debt collection harassment, while others focus on suing debt collectors for violating the Fair Debt Collection Practices Act (FDCPA). If you're being harassed by collectors, it's essential to know that you have rights, and an attorney can help you fight back.
To find the right attorney for your case, look for one with experience dealing with debt collection lawsuits and the FDCPA. They can help you navigate the process and increase your chances of winning.
Here are some benefits of working with an attorney:
- Avoid appearing in court and having to prove your case
- Increase your chances of winning the lawsuit
- Get relief from debt collector harassment
- Understand your rights under the FDCPA
- Get a free case evaluation with no upfront fees
Navigating the Debt Collection Process
If you're dealing with debt collectors, you have options. You can try to work out an agreement with your creditor, which can be a good way to resolve the issue without going to court.
A Consent Judgment or agreement to have the case dismissed can be a viable solution. This way, you can avoid further action from the creditor.
It's essential to contact the court to see if you need to attend a hearing to discuss your agreement. If not, your creditor could get a default judgment against you.
Understanding the Validation Process
You have the right to know that the debt buyer actually owns the debt, even if you know the debt is valid. This is a crucial step in protecting yourself from debt collectors.
Within five days of its first communication to you, the debt collector is responsible for sending you a debt validation notice. This notice should be in writing letting you know you have the right to dispute the validity of the debt within 30 days.
To dispute the debt, you must submit your request in writing. This can be done via certified mail with return receipt requested, which will provide proof of the letter's mailing and receipt by the debt collector.
For more insights, see: How to Dispute a Debt Collection on Credit Report
The debt collector must provide you with a copy of an assignment of the debt that specifically includes the debtor's name, address, and account number. If they fail to do so, you may have a valid defense against the claim.
Here are the key steps to follow during the validation process:
If you don't dispute the debt in writing within 30 days, the debt collector has the right to assume the debt is valid. Don't wait - take action and protect your rights.
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Frequently Asked Questions
What is the 777 rule with debt collectors?
The 777 rule restricts debt collectors from making more than 7 calls within a 7-day period to a consumer about a specific debt, and also prohibits them from calling within 7 days after a previous conversation. This rule aims to prevent harassment and excessive contact from debt collectors.
Sources
- https://www.edcombs.com/practice-areas/debt-collection-rights/harassed-by-a-debt-collector-/
- https://michiganlegalhelp.org/resources/money-debt-and-consumer-issues/going-court-defend-debt-collection-case
- https://jpward.com/debt-defense/
- https://www.kazlg.com/fair-debt-collection-practices-act/
- https://www.theconsumerlawgroup.com/practice_areas/debt-settlement-virginia-attorney.cfm
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