We stop debt collectors
by suing them and making them pay you!
We have filed a large number of lawsuits against debt collectors and that number grows. As lawyers, we stop debt collectors from contacting you and make them pay you damages, all at no out of pocket charge to you. Here is a partial list of how debt collectors frequently violate your rights under the FDCPA:
Calling you before 8:00 am or after 9:00 pm your time.
Calling your friends and family and disclosing the debt.
Calling your employer for “employment information” even when they have your home address.
Threatening to take a judgment or garnish your wages when they don’t have a judgment.
Sending you a demand letter that does not explain your rights to demand validation of debt
Yelling or swearing at you;
Calling you at times that they know to be inconvenient for you;
Calling you after you or your attorney have informed them that you are represented by counsel;
Reporting a collection item on your credit report and refusing to flag it as “disputed” after you had informed them that you dispute the debt.
Continuing to contact you to collect the debt after you have timely demanded that they validate the debt.
What Debt Buyers do Not want you to know
Debt buyers such as Asset Acceptance, Portfolio Recovery and LVNV Funding to name a few, make their money by purchasing charged off debt for pennies on the dollar and then suing to collect the full balance. If you get sued by a debt buyer, here are some things that they do not want you to know:
Just because they sue you does not mean that they can prove that you owe the debt
Don’t freak out when you get served by a process server and don’t call them to make a deal. Just take a day or two to simmer down and consider your options first. Frequently, they don’t have the supporting documents to show that you owe what they say you owe. This is a numbers game for them. They sue many people and don’t usually bother with those that fight back.
They are counting on you to default if they sue you
Disappoint them and file an answer timely. Again, for them this is a numbers game. They will sue as many people as they can and not bother against those that respond. If you get sued, the best thing you can do is respond timely with a written answer to the court.
Find a lawyer that will defend you for free
We have a program where if you get sued by a debt buyer, we may defend you for free. Why? Because we believe that debt buyers frequently do a lousy job in court and we can beat them. If we do, you will have the basis for a lawsuit against them for violation of the Fair Debt Collection Practices Act (“FDCPA”). If we accept your case, we will file an answer with affirmative defenses on your behalf and make them prove their case. They are loath to do this.
Remember that until you file a written answer to the complaint, that you will not receive anything from the court giving you a court date
Many times, we hear about people who have defaulted on their lawsuits say “I was waiting to hear from the court.” Well, you will not hear from the court because the court is also waiting on you to timely file an answer to the complaint. Only after you file a written answer to the complaint will the court schedule a pretrial date to talk about settlement, discovery and set dates for these things to be accomplished.
If you do file an answer and get a pre trial date, be sure to ask for discovery
Discovery is when each party gets to ask the other party about the basis for their claims. Each side can ask for documents and witnesses to support their position. Don’t be shy. Ask the judge to order discovery in your case. If the judge orders discovery, be sure to ask the other side (in writing) to produce all documents that they have to establish that 1. They own your debt; 2. That the balance that they are seeking is accurate. Without these two things, the debt buyer has no way to prove its case. Some times, at trial, the debt buyer will not send a witness to court and the court will rule in your favor.
If you must settle your case with the Plaintiff, remember:
that debt buyers have a lot of room to negotiate. Remember they bought the debt for pennies on the dollar. They can negotiate greatly with you. Don’t be afraid to ask to pay just half the debt and ask for payments over time.
to get your deal in writing. If you don’t get your deal in writing, do not pay a thing! Also, be sure to demand that any negative reporting related to the debt is removed from your credit reports. That must be in writing too.
Know that if you lose a case against a creditor or debt buyer, that you can always ask the court to allow you to pay the judgment in installment payments
Just go to the clerk of the court and ask for a form to pay a judgment in installment payments. Courts routinely grant installment payment judgment motions for $50 per month.
Make yourself “judgment proof”
Get your assets out of your name such as your bank accounts and your car. If you are married, you can probably leave your house alone if its in your name and along with your spouse’s. Your goal is to make yourself as unattractive a candidate for post judgment collection as possible.
