DEBT DEFENSE:

 

Bad things happen to good people. Perhaps you have experienced an unexpected life change such as job loss, divorce, or illness. You never intended to default on a mortgage, car loan, or credit card.

Creditors will harass you by phone and mail with threats of garnishment, repossession, and lawsuits. Creditor’s don’t care about anything other than collecting the debt by any means possible.

You have legal rights that must be protected. The attorneys at RRLLC are experienced in representing people who are being pursued by creditors.

Debt collectors can be affirmatively sued for violating your rights.

 

COMMON VIOLATIONS:

 

HARASSMENT:

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

  • Call you before 8 a.m. Call you after 9 p.m.;
  • Call you at work more than once;
  • Call third parties more than once to try to locate you;
  • Tell third parties that the collector is trying to collect a debt from you;
  • Contact you after written notification to not to contact you;
  • Use threats of violence or harm;
  • Publish names of people who refuse to pay their debts except credit reporting;
  • Use obscene or profane language; or
  • Repeatedly use the phone to annoy someone.

 

FALSE STATEMENTS:

Debt collectors may not lie when they are trying to collect a debt.

For example, they may not:

  • falsely claim that they are attorneys or government representatives;
  • falsely claim that you have committed a crime;
  • use a false company name;
  • falsely represent that they operate or work for a credit reporting company;
  • misrepresent the amount you owe;
  • indicate that papers they send you are legal forms if they aren’t;
  • indicate that papers they send to you aren’t legal forms if they are;
  • Attempt to collect an invalid debt;
  • Using any unfair and/or deceptive acts or misrepresentations;
  • Failing to provide you with the debt collector’s identification information; or
  • Sue or even threaten to sue on a debt past the expiration of the Statute of Limitations;
  • State or imply that failure to pay the debt could result in arrest or going to jail;
  • Threaten to take any legal action the collector has no intention of performing;
  • Threaten to garnish your wages or attach assets prior to suit and judgment;
  • Sue you in the wrong Court a) where you live now or b) where debt originated.

 

UNFAIR PRACTICES:

Debt collectors may not engage in unfair practices when they try to collect a debt.

For example, they may not:

  • try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
  • deposit a post-dated check early;
  • take or threaten to take your property unless it can be done legally;
  • contact you after the collector knows you have an attorney; or
  • contact you by postcard.

 

DAMAGES:

 

FDCPA: FAIR DEBT COLLECTION PRACTICES ACT

  • $1000 STATUTORY DAMAGES ONE SINGLE VIOLATION
  • ATTORNEY FEES
  • ACTUAL DAMAGES CAUSED TO YOU

CSPA: CONSUMER SALES PRACTICES ACT

  • TREBLE DAMAGES OF ANY DAMAGES CAUSED TO YOU
  • ARGUE – TREBLE THE FEDERAL $1000 STATUTORY
  • ATTORNEY FEES

TPCA: TELEPHONE CONSUMER PROTECTION ACT

  • $500 – $1500 FOR EACH CALL MADE BY AN AUTODIALER TO A CELL PHONE
  • TREBLE DAMAGES OF ANY DAMAGES CAUSED TO YOU
  • ATTORNEY FEES

 

DEFENSES TO LEGAL ACTION BY CREDITORS AND DEBT PURCHASERS:

Debts are bought and sold in the marketplace. Accounts are purchased for “pennies on the dollar.” Oftentimes, the Entity that brings the legal action cannot prove that it is the owner of debt and lacks the documentation to prove the assertion.

 

NOT THE REAL PARTY IN INTEREST

No Proof of debt ownership

 

NO DOCUMENTATION

No contract, no application, no payment history, no assignments of debts.

 

STATUE OF LIMITATIONS

Suit not filed within a specified time period.

 

Contact The Attorneys Who Are Dedicated To Making A Difference

Please call our firm at 614-379-3977 to arrange a free, initial consultation with our skilled legal staff.