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Protecting Consumers from Debt Collectors

A consumer can come be sued by a debt collector in many ways.  They may experience difficult financial times or may have even be a victim of fraud or identity theft.

That consumer's credit card company
may then sell the debt to a debt collection

company, usually for pennies on the dollar.  The debt collector then sues for the original debt, plus penalties, interest and attorneys fees - resulting in a lawsuit for much more than the original debt.

This can be a scary and intimidating situation for most consumers because they are unfamiliar with the collection company and they simply don't know what their options are. Because of this, many people simply don't go to court resulting in the debt collector winning at court by default or they unnecessarily pay off the debt.

Don't make these mistakes.  The truth is, in many of these cases, the collection company is NOT entitled to ANY money from the consumer.

The legal reasons debt collectors are not entitled to collect on these debts are many and varied.  An experienced and knowledgeable attorney can fight these cases and in most instances, the collectors get nothing.

One basis for this fight is the Fair Debt Collection Practices Act ("FDCPA").  This law provides the following protections for consumers by barring debt collectors from:

  • Misrepresenting the character, amount or legal status of a debt;
  • Attempting to collect amounts it is not entitled to collect;
  • Calling you on the telephone repeatedly or at odd hours;
  • Calling you, but not announcing who they are;
  • Disclosing information about your debts to others;
  • Using abusive language;
  • Contacting you after notification that you do not want to be contacted;
  • Threatening to do something that they can't do or that they don't intend to do;
  • Using deceptive methods to attempt to collect a debt;
  • And more.

When a debt collector violates the FDCPA, the law can force the debt collector to pay a fine to you, the consumer.  Additionally, there are certain laws that collection companies must follow when they try to collect a debt.  These laws are designed to make sure that the collection company plays fair. But some collection companies break these laws when trying to collect debts from consumers.

Please give me a call if you need assistance with a debt collection lawsuit.  You'll be surprised by how much you will save by hiring an lawyer rather than facing the possibility of a judgment and garnishment from a debt collector.

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