Collections and Debt
Are mountains of debt starting to overwhelm you? Get immediate legal help by contacting one of our compassionate debt collection attorneys. They will inform you of your best financial options for eliminating or consolidating debt. You’ll also receive counsel you on ways to get back on your feet. If you are a lender, we can also connect you with attorneys who can help you to collect on the money owed.
What Is Debt Collections?
Debt collection refers to the methods lenders and the agents they hire resort to when consumers do not fulfill debt repayment agreements. These efforts often start off amicably before becoming more persistent and aggressive over time. This tends to happen if the lender or the collector does not believe the consumer has taken satisfactory actions toward resolving the debt in a timely manner.
What many consumers do not know is that lenders often prefer not to go to court. They sometimes feel compelled to bargain if they believe this might offer them a better chance of settling the debt. This is because the court system can lead to a long and drawn-out process. This is especially true if the consumer files for bankruptcy in the middle of proceedings.
However, some lenders may simply sell the debt to collection agencies who then become responsible for reclaiming the money. These collectors are often more aggressive about their collection efforts because their ability to make a profit on the debt they bought depends on the consumer paying up.
How a Debt Collection Attorney Can Help You
If you are a consumer, a debt collection attorney can help you identify your options. The attorney can also represent you in court if you or the lender seeks legal action. Before your court date, they can work with you to develop strategies to help protect yourself from creditors that may be overzealous or unlawfully harassing you. Here are some of the reasons consumers turn to a debt collection attorney:
- You believe you are being treated unfairly by collectors.
- You realize that you won’t be able to repay the loans.
- The organization you owe money is now threatening to take legal action.
A debt collection attorney can also help you if someone owes you money. Work with them to develop legal strategies to get your money back. Here are some of the reasons a lender may turn to a collection attorney:
- The consumer files claims regarding unlawful collection practices.
- The consumer files for bankruptcy or passes away.
- Someone else cosigned on the loan owed and might be able to pay.
Know Your Fair Debt Collection Practice Act Rights
It’s important to note that consumers have rights under the Fair Debt Collection Practices Act. The act offers protection to consumers from unfair and unethical treatment. There are several things that debt collectors are not allowed to do when attempting to collect the debt and there are things that they’re not allowed to say.
Sometimes debt collection agencies resort to harassment to get the money owed. See below for examples:
- Threatening to harm you or the people you know
- Using offensive language during conversations
- Suggesting that you’ll be arrested if you don’t pay off your debt
- Falsely claiming that they will take legal action against you
- Using repeated phone calls to harass or annoy you
Some debt collectors resort to deceptive tactics to trick consumers into paying money. Here are some examples of this:
- Using a false name for their company
- Claiming falsely that they work for a credit reporting company or that they own a credit reporting company
- Saying documents that they’re sending you are legally binding
- Lying to you about how much money you owe them
- Identifying themselves as calling from a government agency or a law firm
Breach of Privacy
There have been several instances of lenders invading people’s privacy or threatening to do so to compel them to pay up. Here are some of those instances:
- Publicly exposing you for not paying your debts or threatening to do so
- Sharing false credit information about your debt to any person, which includes a credit reporting company
- Informing your boss or other persons that you are in debt without a legitimate garnishment order allowing them to do so
What To Expect During Debt Collection Proceedings
If you are a consumer, working with an experienced debt collection attorney can help you to build a strong case against the debt collectors that are harassing you. Your attorney may start off by collecting all of the information that pertains to the debt that you owe, if any, as well as all the evidence of the collector’s unlawful behavior. With this information, your debt collection attorney can build a strong case against the organization or individual in court.
When sued by a creditor, a debt collection attorney will help to evaluate the case that a creditor has against you. You also receive personalized advice on the best course of action for you to take based on the unique circumstances that are presented in your case.
Consider these three main routes when sued by a creditor for a debt that you haven’t paid off:
- Defending the lawsuit by yourself
- Allowing the person suing you to obtain a default judgment against you
- Hiring a professional and experienced debt collection lawyer that’ll represent your side of the case in the lawsuit
If you are the debt collector or lender considering legal action or facing allegations, you may need to take a closer look at the actions taken by the agents that represent you. It is unfortunate, but many collectors learn that their agents violated company protocols in an attempt to collect on the debt or earn commissions. If your agents did not act unlawfully, then an attorney can help you collect the evidence you need to defend your company and reputation in court.
Work With an Experienced Debt Collection Attorney
Are you looking to hire an experienced lawyer to help you defend your rights in a debt collection lawsuit? We can connect you with experienced lawyers who know how to defend your case and help you achieve the best possible outcome.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!