attorney who sues for debt collection violations

How to find a lawyer to sue a debt collector?

Consult With a FDCPA Attorney That Sues Collection Agencies. If you have been harassed by a debt collector, you should consult with a FDCPA attorney. With the right guidance, you can take legal action against the debt collector and sue them, recovering compensation for the damages that they caused.

What to do if debt collector sues you?

HOA Attorney Sued for Violation of Federal Debt Collection Practices Act This case involved a dispute between two members of a homeowners’ association (“Owners”) and the law firm for the homeowners association (“Law Firm”) over alleged violations of the federal Fair Debt Collection Practices Act (“FDCPA”).

Do I need a debt collection attorney?

Dec 10, 2020 · Facing a debt collection lawsuit is an anxiety-provoking experience, especially if you don’t know what to expect or how to react. While each case is a little different, and different states and courts have different rules, here’s what generally happens if a collection agency sues you for nonpayment of a debt.

How to negotiate a debt settlement with a lawyer?

You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations. In these lawsuits, the consumer is almost always represented by an attorney.

Can I take legal action against debt collectors?

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable.

How do I sue a debt collector?

If you feel that your rights under the Fair Debt Collections Practices Act (FDCPA) have been violated, you have the right to sue the debt collection agency. You must file within one year from the date that your rights were violated. Keep records of all contact that you have with a debt collection agency.

What is the magic 11 word phrase?

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again – by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.Dec 22, 2021

How do I fight a false collection?

Reach out to the company the collector says is the original creditor. They might help you figure out if the debt is legitimate – and if this collector has the right to collect the debt. Also, get your free, annual credit report online or at 877-322-8228 and see if the debt shows up there. Dispute the debt in writing.Dec 8, 2015

Can a debt collector take you to court after 7 years?

After the statute of limitations runs out, your unpaid debt is considered to be “time-barred.” If a debt is time-barred, a debt collector can no longer sue you to collect it. In fact, it's against the law for a debt collector to sue you for not paying a debt that's time-barred.

What can debt collectors not do?

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

What is a 623 dispute letter?

Section 623 of the FRCA allows you to dispute any inaccurate information on your credit report directly with the original creditor, as long as you've already completed the process with the credit bureau.

What is the credit secret loophole?

A 609 Dispute Letter is often billed as a credit repair secret or legal loophole that forces the credit reporting agencies to remove certain negative information from your credit reports. And if you're willing, you can spend big bucks on templates for these magical dispute letters.Aug 19, 2019

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorNever Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. ... Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. ... Never Provide Bank Account Information.Sep 21, 2021

What is a goodwill deletion?

The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.Sep 12, 2015

Can you sue someone for wrongfully sending you to collections?

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.Sep 28, 2021

What happens if you dispute a collection and lose?

Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt. You can also use the sample dispute letter to discover the name and address of the original creditor. As with all dispute letters, you should keep a copy of the letter for your records.

Sue The Debt Collector in State Court

The consumer may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDC...

Sue The Creditor in Small Claims Court

Small claims courts may be a better option for consumers who do not want to hire an attorney or spend the time required for a full-blown state cour...

Report The Action to A Government Agency

The Federal Trade Commission (FTC) is charged with overseeing debt collector actions and ensuring that the FDCPA is not violated. Consumers can con...

Report The Action to The State Attorney General

In addition to violating the FDCPA, the debt collector may also be violating state laws. The consumer may want to contact the state Attorney Genera...

Use The Violation as Leverage in Debt Settlement Negotiations

If you are trying to settle debt and the collector violates the FDCPA, you can use the violation as leverage to settle the debt. This often works b...

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

Do debt collectors go to trial?

Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default, without ever having to go to court. If you do go to trial, you—or your attorney, if you hire one—will have to present your case according to specific rules of procedure and evidence. At the end of the trial, the judge (or jury, if applicable) will make a decision. The judge or jury’s decision is then entered in the court records as a judgment, and it becomes official. (To learn about how the collector can use a judgment against you, read Types of Debt and Debt Collection Practices .)

What is a summons in court?

The summons informs you that you’re being sued, and gives you information about the case, like the deadline to file a formal response, called an “answer,” in court.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens when a collector files a small claims lawsuit?

If the collector files its lawsuit in small claims court, you'll probably first get notification about the suit. Then, the parties go to court for a trial in front of a magistrate or other judicial officer. Typically, a written answer is optional and rules of evidence are inapplicable.

What is the FDCPA?

The federal Fair Debt Collection Practices Act (FDCPA) offers consumers protection against overly aggressive debt collection actions by debt collectors and debt collection agencies. If a bill collector has violated federal law in its dealings with you, there are steps you can take depending on your goal.

Can you sue a debt collector?

You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.

Can a debt collector violate the FDCPA?

In addition to violating the FDCPA, the debt collector might also be violating state laws. You might want to contact the state Attorney General's office to receive guidance on a possible FDCPA lawsuit and for any possible state law actions against the debt collector. Many of these offices also receive complaints against debt collectors—if it gets ...

Can you use a violation of the FDCPA to settle a debt?

If you are trying to settle debt and the collector violates the FDCPA , you can use the violation as leverage to settle the debt. This tactic often works because collectors know that an FDCPA lawsuit can be costly to defend and may result in a judgment against them.

What is a small claims court?

Small claims courts allow individuals to argue their case without an attorney and through an expedited process. These courts typically offer the consumer one shortened hearing in order to argue the case to a judge. Usually, you file a simple court document to start the case.

How long does a FDCPA lawsuit have to be filed?

§ 1692k (d)). In the case of Rotkiske v. Klemm, 589 U.S. ___ (2019), the U.S. Supreme Court clarified that the one-year statute of limitations for an FDCPA violation begins to run when the alleged violation occurs, not when the offense is discovered, absent the application of an equitable doctrine.

What are the laws against debt collectors?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest and unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from debt collectors, and require the collectors to pay all legal fees. Debt collectors routinely violate federal consumer ...

What is the Fair Debt Collection Practices Act?

Fair Debt Collection Practices Act (FDCPA) The FDCPA bars all forms of unfair, abusive and deceptive collection practices. While the Federal statute provides a laundry list of potential violations, this list is not exclusive. The statute also provides a general prohibition on any form of deception, abuse, or unfair treatment.

How to be a bill collector?

In general, collectors cannot be: 1 Calling you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable) 2 Placing telephone calls to you without identifying themselves as bill collectors 3 Contact ing you at work if your employer prohibits it 4 Using obscene or profane language 5 Using or threaten to use violence 6 Claiming you owe more than you do 7 Claiming to be attorneys if they’re not 8 Claiming that you’ll be imprisoned or your property will be seized 9 Sending you a paper that resembles a legal document 10 Adding unauthorized interest, fees, or charges 11 Contacting third parties, other than your attorney, credit reporting bureau s , or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your co-debtors

What is unreasonable time?

Calling you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable) Placing telephone calls to you without identifying themselves as bill collectors. Contact ing you at work if your employer prohibits it. Using obscene or profane language.

Do debt collectors have to disclose information?

Under the FDCPA, debt collectors are required to disclose certain information if you request it. You have the right to challenge your debt and have it validated by the collectors. An FDCPA attorney knows the most important information to request and how it can be used to your benefit.

What is the FTC lawsuit?

In recent years, the Federal Trade Commission (FTC) has brought numerous lawsuits against collection agencies for violations, resulting in settlements for millions of dollars. While not all of these settlements went to consumers directly, they are further proof that the law will be enforced.

Can debt collectors add interest?

Another illegal tactic employed by debt collectors is to add interest and other charges to the balance that may be owed on the debt. The FDCPA prohibits a debt collector from adding interest or other charges unless the interest or other charges is allowed under the agreement creating the debt or unless the interest or other charges is allowed by law.

What is the first hurdle a debt collector faces?

If a debt collector cannot get a consumer to answer the telephone, then the debt collector is going to have a difficult time getting the consumer to agree to pay money toward the debt being collected. In this day and age, nearly everyone has caller ID and can see who is calling them before they answer the phone.

What are the scare tactics of debt collectors?

One of the common scare tactics that debt collectors use is to “suggest” that the consumer might be sued if the consumer does not pay the debt. There are a number of ways this “suggestion” can be made. It can be through comments in a letter such as:

What is the goal of a debt collector?

Another favorite tactic for debt collectors involves filing a lawsuit against a consumer somewhere other than where the consumer resides. When a debt collector sues on an account, the debt collector’s goal is to obtain a quick and easy default judgment. Once suit is filed, if the consumer does not appear in court and assert a defense, the debt collector wins by default.

What is the Texas Constitution?

Included within the Texas Constitution is an absolute prohibition against the garnishment of a Texas resident’s wages for anything other than child support and spousal maintenance. This prohibition is also included in Section 42 of the Texas Property Code.

What is debt collector automation?

Automation is a debt collector’s best friend. By automating a task, a debt collector can not only cut its costs, but it can also accomplish the task much quicker. Nowhere is this more evident than in the automated and predictive dialing systems that are now being used.

What are the laws against debt collectors?

Debt collectors have also been known to engage in illegal practices such as charging unfair late fees and making harassing debt collection calls in regards to student loans and mortgages. CFPB examiners also recently found that some mortgage servicers failed to provide critical consumer protections required by the new CFPB servicing rules that took effect earlier in 2014. There are many more violations that are quite common such as: 1 Call you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable) 2 Place telephone calls to you without identifying themselves as bill collectors 3 Contact you at work if your employer prohibits it 4 Use obscene or profane language 5 Use or threaten to use violence 6 Claim you owe more than you do 7 Claim to be attorneys if they’re not 8 Claim that you’ll be imprisoned or your property will be seized 9 Send you a paper that resembles a legal document 10 Add unauthorized interest, fees, or charges 11 Contact third parties, other than your attorney, a credit reporting bureau, or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your codebtors.

What is convenience fee?

Convenience fees are imposed if payments are made using either a credit or debit card. There are different restrictions in different states, so make sure you speak with a qualified attorney, like McCarthy Law.

Does a debt collector violate the FDCPA?

Also, a debt collector violates the FDCPA when it threatens a consumer with litigation it does not intend to pursue. Pursuing debt collections lawsuits is however real, and many collectors do pursue litigation. McCarthy Law represents you in cases of creditor lawsuits.