What To Do If Debt Collector Sues You

What To Do If Debt Collector Sues You – You understand why your credit card company is after you. Maybe you were responsible for the fees, you fell behind on your payments – and now you’re the one who believes they have to deal with the consequences.

But the way they chase you is out of control: daily calls, letters to your family members, and even emails threatening to destroy your credit score.

What To Do If Debt Collector Sues You

The answer is no!” when you use The Cardoza Law Group to sue your debt collectors for harassment!

Defending Yourself In Court Against Debt Collectors

Credit card companies and other lenders want consumers to believe they are powerless once they sign on the dotted line. However, this is far from true. Consumer protection laws were created to change the natural balance of power between creditor and customer. These laws protect consumers from scams and fraud, as well as harassment from bill collectors, utility shutdowns, and debt collection practices that can lead to distress, fear, lost wages, and bankruptcy.

At The Cardoza Law Corporation, we have seen firsthand the weaknesses in the debt collection industry. We use written and verbal communications between you and your collectors to prove that your credit unions broke the law—and hold them accountable for their mistakes through fees and penalties. These penalties can be large enough to not only clear your debt (if any), but even leave you with enough prize money to go straight into your pocket.

I am uniquely qualified to represent clients suffering from consumer debt collection. As a former debt collector, I know that debt collection agencies have a difficult time proving that you owe a debt and that they accidentally and intentionally violate consumer protection laws with great regularity. When debt collectors violate these laws, they give consumers the right to take legal action against them, opening themselves up to thousands of dollars in potential liability for consumer damages. It is possible to actually sue your debt collectors.

You should not expose yourself to illegal and abusive calls from debt collectors. Both federal and California state law outline exactly what type of behavior is allowed when debt collectors try to contact you, including:

Times You Can Sue A Debt Collector

If a collection agency contacting you violates these laws, you can file a lawsuit to protect your rights as a California consumer. If this sounds familiar, click here to request a free case evaluation.

Consumers will often have more than one creditor calling to collect, turning a difficult financial situation into a deep source of debt that is impossible to escape. That is not. I can help you deal with all your creditors and debt collectors and give you the support you need to get back on the road to prosperity.

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Home > Credit > Collection Agencies and Your Rights > 13 Ways to Deal with Debt Collectors and Agencies

How To Respond When A Debt Collector Contacts You In Three Easy Steps

The collection industry generates $11 billion a year from the 70 million Americans who don’t or can’t pay their bills.

Debt collectors get most of their income from people who are hopelessly behind on their student loans, medical bills, car loans, credit cards and home mortgages. Some forms — student and medical loans in particular — add up so quickly that many consumers don’t even realize they’re behind until a debt collection agency calls.

Collection agencies are often intimidating, demanding and most of all, persistent in trying to get the money you have available to satisfy them. They can be just as aggressive in trying to collect money you don’t owe, but some people still pay just to avoid further contact with a collection agency.

Before discussing anything with direct debit over the phone, ask for information on the matter in writing. collectors are notorious for giving misleading information over the phone. This guarantees a paper trail documenting the conditions.

How Debt Collectors Are Transforming The Business Of State Courts

The Fair Billing Practices Act requires collectors to give you written notice within five days of first contacting you. The notice must include the creditor’s name, the amount owed, and inform you of your right to object to the .

Once you receive written notice, you have 30 days to object in writing. The contested letter does several things. Most importantly, it stops conversations and secondly it buys you some time to figure things out. collectors cannot call or contact you until confirmation is given in writing.

In March 2018, the Federal Trade Commission released a report on consumer complaints, and consumers complained more about aggregators than any other company.

Collectors were responsible for 23% of the 2.68 million consumer complaints. That means the FTC has received more than 600,000 complaints from people who are fed up with how they’ve been treated by debt collection agencies.

We Stop Creditor Harassment

If you have a complaint, go to this FTC website, click on Credit and Category, then Enforcement Actions. A form will appear asking you to fill in the necessary information.

It is best to be prepared with specific information about the time, place, name of the person and the company you spoke with. If possible, have a witness with you during the telephone conversation to verify the validity of your complaint.

The FTC has another page on its website that lists more than 100 companies and individuals it has banned for illegal practices.

You can also file a complaint with the Consumer Financial Protection Bureau, the state attorney in your area, or the Better Business Bureau.

Sued For A Zombie Debt? Here’s What To Do

One way to explore before making a default payment—and encouraging collection agencies to come after you—is to consider using one of the methods available in a consolidation plan.

There are three types of consolidation plans: management programs; loan consolidation; and settlement plan. Each is designed to help consumers navigate the vast array of credit card, home, auto and student loans.

The first step for one of the plans is to contact a credit counseling agency, preferably a non-profit, that will evaluate your income and expenses and advise you if one of the plans will work for you. Enrolling in one of these plans, especially a management program, may be a better solution than trying to deal with collectors.

Nowhere is the concept of “knowledge is power” more important than in the field of collecting. The less informed someone is about their consumer rights, the more likely it is that debt collectors will use a defaulted debtor to pay off arrears.

What If A Debt Collector Sues Me?

The situation became so bad that the federal government had to step in and create laws to protect consumers. The Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Debt Collection Practices Act (FCBA) are sections of the Consumer Credit Protection Act that describe what collector behavior is acceptable and what is prohibited. This legislation also describes the rights and remedies offered to consumers who are subject to a chargeback. In short, the laws protect consumers—and these are rights that debt collectors would rather you not know about.

The Consumer Protection Bureau (CFPB) said it handled 84,500 debt collection complaints in 2017. Of those, 39% were involved in attempts to collect money that consumers say they don’t owe. Another 13% had to do with communication tactics and repeated phone calls at inappropriate times of the day. Collection agencies probably won’t tell you this during their phone calls, so here’s a rundown of 10 rules they’d rather you didn’t know.

If you don’t want to deal with debt collectors over the phone, there’s an easy way out: send them a cease and desist letter via certified mail stating that you no longer want to be contacted by them.

If they continue to call you after that, they are violating the FDCPA, which gets them in trouble with the federal government. Keep a log of all calls and letters from them. Write down the time and date they called and the agency

Debt Collection Scams & Scare Tactics

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