Debt Collection Abuse

A debt collector who abuses you for the collection of a consumer debt can be sued under a law called the Fair Debt Collection Practices Act (FDCPA). Debt collectors cannot:

  • Threaten you with lawsuits, wage garnishment, liens, or arrest
  • Call your neighbors, friends, or employer about your debts or ask them to give you messages
  • Yell, swear at, insult, or otherwise disrespect you on the phone
  • Call you at your work after telling them to stop

Credit Card Lawsuit Defense

Nearly all consumers that are sued for credit card debts do not appear in court and lose by default. But if you have an experienced consumer rights attorney in your side you will prevail more times than not! Common weaknesses in the debt collector’s case are:

  • Creditor doesn’t have a contract that you signed
  • Creditor can’t prove they actually own the debt
  • Creditor doesn’t have proof of your purchases

Federally Guaranteed Student Loans

Before a Debt Collector can collect a defaulted federally guaranteed student loan, you can request and they must offer you help in paying the debt! You Can Sue the Debt Collector that refuses you:

  • A “reasonable and affordable” payment over12 consecutive based on your documented ability to pay, not an amount the collector tells you to pay
  • A written agreement confirming the payment terms and advising you of your rights
  • Federally required notice (minimum of 30 days) prior to any garnishment of your wages proceedings, stating the intent to garnish, amount of the debt, percentage to be collected from wages, and your rights under the law
  • Opportunity to inspect and copy records relating to your debt