Debt Defense Calls
Nagging phone calls can be a powerful tool that debt collectors often use break down a borrower’s resistance. What many consumers don’t know is that harassing phone calls can be illegal.
You can stop the annoying phone calls by writing a letter demanding that the debt collector stop the collection calls. If you continue to receive phone calls or letters from the debt collector after you send the letter you may be able to sue the debt collector for statutory damages. The federal and Florida debt collection laws provide for $1,000.00 in statutory damages, plus legal fees and costs. However, please keep in mind that stopping the phone calls does not make the debt go away, it just stops the most annoying aspect of collections.
If you need help with writing the demand letter, please feel free to call us for a FREE CONSULTATION where we can give you tips on how to write the letter at no cost to you.
Debt Collection Lawsuits
Many people ask “can a credit card company sue me?” or “how long before a credit card company sues?” The answer is that yes the creditor can sue, but the timing complex because many of the biggest creditors, such as Bank of America, Capital One, Chase, Wells Fargo, etc., choose to sell their bad debt portfolios to debt buying companies rather than to sue on the debts themselves. If the original creditor decides to sue, it usually takes four to six months for the file to make its way to the collection lawyers. If the original creditor decides to sell the debt it can take much longer for a lawsuit to be filed.
If you have ever been sued by a debt buyer, such as Asset Acceptance, Portfolio Recovery, Cavalry, Midland Funding, CACH, LLC, etc., your first question was usually “who are they?” Our office often receives phone calls from defendants in these lawsuits convinced that they are being sued by the wrong company. Unfortunately, the vast majority of people who are sued by a creditor do nothing. They allow the debt buyer to win the lawsuit and move on to post-judgment collections such as wage garnishment or bank garnishment. What people don’t realize is that many creditors cannot prove their cases in a court of law.
If you are being sued by a creditor you have the right to challenge their lawsuit in court to see if they can prove their case. Many creditors, especially debt buyers, never received the evidence that they would need to win their case at trial. Instead, they hope that people will choose to ignore the lawsuit so that they can win their case with a default judgment.
You need to act quickly if you want to fight the lawsuit. We offer a FREE CONSULTATION to anyone who is being sued by a creditor.
If a creditor is able to obtain a judgment they are then able to attempt to collect on their judgment by engaging in post-judgment collections such as, wage garnishment, bank garnishment, asset seizure, etc. The most common form of post-judgment collection that our firm see is wage garnishment because obtaining a wage garnishment ensures a payment stream for the creditor.
Wage garnishments can be harsh because they allow the judgment holder to garnish 25% of the borrower’s disposable income. Unfortunately the term “disposable income” means that some deductions from a borrower’s paychecks may not count which can result in the judgment holder receiving more than 25% of the borrower’s net income.
Florida law gives borrowers a myriad of protections against wage garnishment. For example, if a borrower is contributing 50% or more to the support of someone else they may be “head of family” which means that their wages are exempt as long as they retain the head of family status.
If you are suffering from a wage garnishment please feel free to contact us for a FREE CONSULTATION to seek help in stopping the garnishment.