Debt Collector Calls

Your home phone, or cell phone, is one the debt collector’s most powerful weapons.  Repeated and constant calling is one of the biggest complaints about debt collectors, but most people don’t realize that repeated calls are illegal!

 

STOP THE NAGGING COLLECTION CALLS by sending a simple, written letter to the collector asking the collector to stop contacting you.  If the debt collector ignores your letter and keeps calling, you might be able to sue and collect statutory damages.  Generally, if a debt collector is found to have violated the law, by ignoring a request to cease collection calls, an individual can be awarded $1,000, plus legal fees!  So, there are easy and effective ways to put an end to repeated calls.  Ending the calls, however, doesn’t erase the debt for good, but it at least gives you peace of mind and some room to breathe.

 

If you want help with writing the letter to the debt collector,   call  us . . . we’ll help with the wording or even write the letter for you . . . for FREE!

 

Also, don’t feel pressured to agree to any payment plans or settlement agreements when the debt collector, or a lawyer representing the debt collector, calls you.  Many debt collectors buy accounts that aren’t collectible because they are beyond the statute of limitations.  They will try to trick you into making a small payment, which will restart the statute and give them the right to sue you to collect.   Again, if you want help with how to respond to a debt collector, call us . . . we’ll help with what to say . . . FREE!

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Debt Collection Letters

Thousands of delinquent accounts are bought by debt collectors / debt buyers each month.  When your debt or account is bought by one of these companies, the collector, or their lawyers, will send a letter asking you to validate that the account is yours.  They will also urge you to contact them to setup a payment plan, or to agree on a settlement.

 

ITS BETTER TO FIGHT THAN TO SETTLE!  Missed payments and collection efforts won’t disappear from your credit report for 7 years, even if you work out a payment plan with a debt collector and are current with those payments.

 

However, if you dispute owing the debt to the debt collector, and the collector is unable to prove that you owe it, the collector must legally stop collection attempts and remove the account from your credit report.  What most people don’t realize is that MOST debt buyers/collectors don’t have the necessary documents to legally collect your debt!  Also, many debt collectors buy accounts that aren’t collectible because they are beyond the statute of limitations.  They will try to trick you into making a small payment, which will restart the statute and give them the ability to sue you to collect.

 

YOU HAVE NOTHING TO LOSE BY DISPUTING THE DEBT.  Simply send a written letter to the collector stating that you “dispute the validity of the debt.”  If the debt collector ignores your letter and keeps contacting you, you might be able to sue and collect statutory damages.  Generally, if a debt collector is found to have violated the law, by ignoring a request to validate a debt, an individual can be awarded $1,000, plus legal fees!  So, there are easy and effective ways to respond to debt collection letters and dispute debt accounts.

 

If you want help with disputing a debt or responding to a letter, call us . . . we’ll give you help with the wording or even respond to the letter for you . . . for FREE!

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Debt Collection Lawsuits

If you have been sued by a debt buyer, then your first response was probably – “I’m being sued by who???”  The reason you don’t recognize the name of the company suing you is because you never bought anything from this company, you never agreed to pay this company, you likely have had no interaction with the company whatsoever.  Debt buying companies do just that – they buy old debts, typically from credit card companies – and then sue people in hopes of getting a judgment and then garnish wages and bank accounts.

 

Surprisingly, after getting over the initial shock of getting sued, most people do nothing.  This is why nearly 98% of lawsuits by debt buyers result in a default judgment.  Once the debt buyer has a judgment they can garnish your wages or take money out of your bank account.   But if you act early on in the lawsuit you can preserve your legal defenses and in many cases there is a good chance you can defeat the debt buyer.  What most people don’t realize is that MOST debt buyers/collectors do not have the proper documents to legally collect on your debt!  However, if you do nothing, then the court will give the debt buyer everything they are asking for, resulting in a judgment against you.

 

If you have been sued by a debt buyer / collector, YOU NEED TO ACT FAST!

 

If you want help with responding to a lawsuit, contact us . . . we’ll discuss your options and possible defenses . . . for FREE!

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Wage Garnishment

Wage garnishment begins with a lawsuit served on you. The lawsuit (summons & complaint) informs you that you have been sued by a creditor to collect an alleged debt. In most cases, people served with a lawsuit freeze up and ignore the lawsuit altogether. Unfortunately, after 30 days of ignoring a lawsuit and not filing an appropriate response, the court considers you in default.

Once you are in default the creditor can request a default judgment against you. Once a default judgment is entered by the court, the creditor can begin pursuing collection of the debt. Sometimes creditors place a lien on your personal property or assets, but the easier route is to simply garnish your wages.

Creditors can garnish up to 25% of your paycheck towards repayment of the judgment. The judgment amount usually involves 1) the original debt amount plus interest; 2) attorney fees; 3) court costs (such as filing fees); and 4) interest on the judgment itself, which will accrue for as long as the judgment amount is outstanding.

There are specific laws related to obtaining default judgments and garnishing wages. In many cases, creditors don’t follow these laws correctly. We can identify if these laws haven’t been followed properly, and potentially stop the garnishment altogether.

 

If your wages are being garnished by a creditor, YOU NEED TO ACT FAST! We may be able to help you stop the garnishment, WITHOUT BANKRUPTCY. If you need help stopping a garnishment, contact us . . . we’ll discuss your options and possible defenses . . . FREE!

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