Practice Areas
Bankruptcy
If you find yourself behind on your mortgage payments and think that foreclosure may be on the horizon, it is important that you get in touch with an experienced foreclosure defense attorney as soon as possible. It is possible to stop a foreclosure from happening if the proper steps are taken quickly. There are several viable defenses against foreclosure such as procedural defenses, substantive defenses, and filing bankruptcy.
When a lawsuit to recover a debt is pending before a court, filing bankruptcy basically puts that case on hold until the bankruptcy is resolved. When you file for bankruptcy, a notice of the bankruptcy petition will be sent to all your creditors, as well as the court in which you have any current suits pending. If the debt is successfully discharged in bankruptcy, the debt no longer exists, and a creditor would no longer be able to recover it in court. However, if the debt is nondischargeable, then the creditor may continue to pursue the claim after bankruptcy.
If you find yourself unable to negotiate a payment plan or reduced bill with your medical provider, or if you’re having difficulty getting your insurance company to cover your claims for benefits, contact Ramsaran Law Group for assistance. Our office can negotiate a settlement for medical debt, guide you in the right direction for resolving your unpaid medical debt, and present all available options to you such as payment plans, settlements, and even bankruptcy proceedings.
If you have a car loan and you file Chapter 7 bankruptcy, you must tell the court what you intend to do with the loan. You have three choices—redeem, reaffirm, or surrender. Reaffirming the debt on your car means that, despite your bankruptcy, you will keep the car and continue to make payments, remaining fully responsible for the debt. In order to reaffirm your car loan, you must sign a reaffirmation agreement. This is a contract that lists the full balance that you are agreeing to reaffirm, as well as the interest rate and the monthly payment. The agreement will require you to attest to the court that reaffirming the debt will not present an undue hardship to you.
IRS income tax debts may be able to be discharged through bankruptcy if the tax debts meet certain qualifications. In cases where the income tax debt is the major contributor to the financial difficulties, there are various tax relief options to consider.
Consumer Protection
The federal government passed the Fair Debt Collection Practices Act (FDCPA) in 1978 primarily to curb abusive debt collection practices.
The FDCPA provides consumers with several protections such as the ability to sue a debt collector who violates the FDCPA in order to recover for actual and punitive damages as a result of violating the law. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, the following actions are punishable, either over the phone or through the mail:
• Harass, oppress, or abuse you or any third parties they contact
• Continue collection efforts after you write them to stop
• Telephone calls made from an auto-dialer
• Continue collecting after you write to tell them you are represented by an attorney
• Use any false or misleading statements when attempting to collect on a debt
• Represent that they operate or work for a credit bureau
• Misrepresent or inflate the amount of your debt
• Use profane language when attempting to collect
• Indicate that papers sent to you are legal forms when they are not
• Threaten to garnish your wages (in Pennsylvania, Texas, or Florida)
• Threaten to take an action they cannot take legally or do not intend to take
• Fail to disclose that they are a debt collector
• Give false credit information about you to anyone, including a credit bureau
• Collect any amount greater than your debt, unless permitted by law
• Attempt to sue you on a time-barred debt
• Call you after 9:00 p.m. or before 8:00 a.m., without your consent
• Engage in any other false, deceptive, or abusive conduct
• Miscalculate interest, penalties, or other charges
There is no such thing as having two cases that are alike. Privacy violations vary and the legal road can often be filled with twists and turns. That is why so many people, not only from Florida but from all across the United States, rely upon the legal acumen of the Ramsaran Law Group when dealing with abusive debt collectors and unscrupulous telemarketers.
If you believe your rights have been violated by a debt collector who has engaged in any of the behaviors listed above, please send us your debt collection letters and any other documentation (such photographs taken off your cell phone during the incoming debt collector call, any phone bills reflecting these calls, call logs you may have written down including details about the conversation you had with the collector, saved voicemail messages, etc.) all which relate to your alleged debt in order for us to investigate these actions on your behalf.
The Fair Credit Reporting Act (FCRA) was passed by Congress to help ensure both the accuracy and the privacy of your credit report. Credit bureaus receive information from lenders. Lenders, however, are not limited to just banks and credit unions; they also include car dealerships when you finance your car with them, furniture and appliance stores when you rent-to-own or pay in installments, cell phone providers, credit card companies, and more. Every payment you make to every one of these sources, including every late payment and every missed payment, is reported to the credit bureaus and used to calculate your credit score. When companies comply with FCRA, your personal information is only transmitted based on legitimate requests, and only correct information is sent. When companies don’t comply, FCRA gives you the right to sue for damages. If the information is reported inaccurately, you are the one who suffers. There isn’t anybody at the credit bureau checking to see if the information is correct; that’s up to you.
Under the FCRA, you have certain rights:
1. You have the right to be notified when an entity reports a negative item to the credit bureaus. You should be notified before the report is ever made, and afterward as well.
2. You have the right to be informed about the reason you were turned down for credit, including the name, address, and telephone number of the source of negative information.
3. You have the right to have the information corrected or deleted within 30 days after you show that it is inaccurate, inconsistent, or unverifiable.
4. You have the right to have outdated information removed from your credit report, including accurate yet old information. Missed payments, late payments, judgments against you, and other negative material should be removed once the information is seven years old. A Chapter 7 bankruptcy should be removed after ten years.
5. You have a right to one free credit report per year from each of the three major credit reporting agencies—Experian, TransUnion, and Equifax. You have the right to purchase your credit report at any time for a reasonable fee.
6. You have the right to the privacy of your credit report. Credit bureaus should restrict access only to persons or entities that have a valid, legal need to see it. Current or prospective employers should not be given your credit report unless you consent first.
7. You have the right to bring a lawsuit and recover money damages for harm done to you by credit errors. This includes actual damages such as the higher cost of a loan or being turned down for a loan, job, or other lost opportunities. Other damages that may be available include $1,000 in statutory damages, noneconomic damages for emotional harm such as anxiety or stress, and even punitive damages for willful misconduct. You can also recover your attorney’s fees and the costs of pursuing your case in court if you are successful in your suit.
Are You the Victim of Inaccurate Reporting? If So, Contact Us for a Free Case Evaluation!
The federal government passed the Telephone Consumer Protection Act (TCPA) in 1991. The TCPA governs the conduct of telemarketers as well as certain debt collectors. Unless a consumer has previously provided their express consent, the TCPA restricts the use of automatic telephone dialing systems (also known as “auto-dialers,” “robocalls,” or “predictive dialers”), artificial or prerecorded voice messages, SMS text messages, as well as the use of fax machines to send unsolicited advertisements.
However, keep this in mind: In order for a debt collector or telemarketer to maintain a volume operation, they must make thousands of telephone calls each day. So, if you are getting calls from a debt collector or telemarketer on your cellular telephone, there is a very good chance that they are violating the TCPA. In accordance with the TCPA, consumers are entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax, or text message. Under the TCPA, the following actions are punishable:
• Debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by the use of an autodialer
• Debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by an artificial voice or a prerecorded message
• Sending unwanted fax messages, which solicit or promote a business (i.e. junk faxes); or sending unwanted business advertisements via text messages to your cellular telephone
*Take note that a consumer is unlikely to know whether a call to his or her cellular telephone was initiated using an autodialer since they often sound like any other phone call. A call initiated using an autodialer may, in fact, have a live person on the other end.
Those who find themselves overwhelmed by credit card debt should know they aren’t alone. On average, U.S. households owe more than $15,600 in credit card debt. That amounts to more than $880 billion nationwide. The ADP Research Institute reports that middle-aged workers between the ages of 35 and 54 have the highest number of wage garnishments as a result of defaulting on old debts—primarily medical bills, student loans, and credit cards.
When credit card payments lapse beyond 180 days, the account is typically closed and forwarded to a third-party collections agency. It is at this point that borrowers can expect to be bombarded with phone calls and letters demanding payment. Collection agencies retain the right to sue in certain situations. It is imperative to reach out for the help of an experienced attorney. Failure to do so can result in a default judgment against you, which could include not only the original debt but also hefty penalties and plaintiff attorneys’ fees. Your wages are likely to be garnished and liens could be placed on your property.
An attorney can help guide you through this process, often negotiating a settlement before you ever have to set foot in a courtroom. In some cases involving older debts, the collection action may be time-barred, meaning the statute of limitations has passed. However, if you don’t fight back, this won’t necessarily stop a creditor from obtaining a default judgment.
Many states have enacted their own laws to protect consumers against unfair or deceptive acts or practices. While these laws vary from state to state, these laws commonly protect against debt collection practices outlawed under the FDCPA. If you are the victim of harassment by a collections agency, our comprehensive consumer rights lawyers will find the right law that applies to your situation and put an end to those abusive practices.
Bankruptcy
If you find yourself behind on your mortgage payments and think that foreclosure may be on the horizon, it is important that you get in touch with an experienced foreclosure defense attorney as soon as possible. It is possible to stop a foreclosure from happening if the proper steps are taken quickly. There are several viable defenses against foreclosure such as procedural defenses, substantive defenses, and filing bankruptcy.
When a lawsuit to recover a debt is pending before a court, filing bankruptcy basically puts that case on hold until the bankruptcy is resolved. When you file for bankruptcy, a notice of the bankruptcy petition will be sent to all your creditors, as well as the court in which you have any current suits pending. If the debt is successfully discharged in bankruptcy, the debt no longer exists, and a creditor would no longer be able to recover it in court. However, if the debt is nondischargeable, then the creditor may continue to pursue the claim after bankruptcy.
If you find yourself unable to negotiate a payment plan or reduced bill with your medical provider, or if you’re having difficulty getting your insurance company to cover your claims for benefits, contact Ramsaran Law Group for assistance. Our office can negotiate a settlement for medical debt, guide you in the right direction for resolving your unpaid medical debt, and present all available options to you such as payment plans, settlements, and even bankruptcy proceedings.
If you have a car loan and you file Chapter 7 bankruptcy, you must tell the court what you intend to do with the loan. You have three choices—redeem, reaffirm, or surrender. Reaffirming the debt on your car means that, despite your bankruptcy, you will keep the car and continue to make payments, remaining fully responsible for the debt. In order to reaffirm your car loan, you must sign a reaffirmation agreement. This is a contract that lists the full balance that you are agreeing to reaffirm, as well as the interest rate and the monthly payment. The agreement will require you to attest to the court that reaffirming the debt will not present an undue hardship to you.
IRS income tax debts may be able to be discharged through bankruptcy if the tax debts meet certain qualifications. In cases where the income tax debt is the major contributor to the financial difficulties, there are various tax relief options to consider.
Consumer Protection
The federal government passed the Fair Debt Collection Practices Act (FDCPA) in 1978 primarily to curb abusive debt collection practices.
The FDCPA provides consumers with several protections such as the ability to sue a debt collector who violates the FDCPA in order to recover for actual and punitive damages as a result of violating the law. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, the following actions are punishable, either over the phone or through the mail:
• Harass, oppress, or abuse you or any third parties they contact
• Continue collection efforts after you write them to stop
• Telephone calls made from an auto-dialer
• Continue collecting after you write to tell them you are represented by an attorney
• Use any false or misleading statements when attempting to collect on a debt
• Represent that they operate or work for a credit bureau
• Misrepresent or inflate the amount of your debt
• Use profane language when attempting to collect
• Indicate that papers sent to you are legal forms when they are not
• Threaten to garnish your wages (in Pennsylvania, Texas, or Florida)
• Threaten to take an action they cannot take legally or do not intend to take
• Fail to disclose that they are a debt collector
• Give false credit information about you to anyone, including a credit bureau
• Collect any amount greater than your debt, unless permitted by law
• Attempt to sue you on a time-barred debt
• Call you after 9:00 p.m. or before 8:00 a.m., without your consent
• Engage in any other false, deceptive, or abusive conduct
• Miscalculate interest, penalties, or other charges
There is no such thing as having two cases that are alike. Privacy violations vary and the legal road can often be filled with twists and turns. That is why so many people, not only from Florida but from all across the United States, rely upon the legal acumen of the Ramsaran Law Group when dealing with abusive debt collectors and unscrupulous telemarketers.
If you believe your rights have been violated by a debt collector who has engaged in any of the behaviors listed above, please send us your debt collection letters and any other documentation (such photographs taken off your cell phone during the incoming debt collector call, any phone bills reflecting these calls, call logs you may have written down including details about the conversation you had with the collector, saved voicemail messages, etc.) all which relate to your alleged debt in order for us to investigate these actions on your behalf.
The Fair Credit Reporting Act (FCRA) was passed by Congress to help ensure both the accuracy and the privacy of your credit report. Credit bureaus receive information from lenders. Lenders, however, are not limited to just banks and credit unions; they also include car dealerships when you finance your car with them, furniture and appliance stores when you rent-to-own or pay in installments, cell phone providers, credit card companies, and more. Every payment you make to every one of these sources, including every late payment and every missed payment, is reported to the credit bureaus and used to calculate your credit score. When companies comply with FCRA, your personal information is only transmitted based on legitimate requests, and only correct information is sent. When companies don’t comply, FCRA gives you the right to sue for damages. If the information is reported inaccurately, you are the one who suffers. There isn’t anybody at the credit bureau checking to see if the information is correct; that’s up to you.
Under the FCRA, you have certain rights:
1. You have the right to be notified when an entity reports a negative item to the credit bureaus. You should be notified before the report is ever made, and afterward as well.
2. You have the right to be informed about the reason you were turned down for credit, including the name, address, and telephone number of the source of negative information.
3. You have the right to have the information corrected or deleted within 30 days after you show that it is inaccurate, inconsistent, or unverifiable.
4. You have the right to have outdated information removed from your credit report, including accurate yet old information. Missed payments, late payments, judgments against you, and other negative material should be removed once the information is seven years old. A Chapter 7 bankruptcy should be removed after ten years.
5. You have a right to one free credit report per year from each of the three major credit reporting agencies—Experian, TransUnion, and Equifax. You have the right to purchase your credit report at any time for a reasonable fee.
6. You have the right to the privacy of your credit report. Credit bureaus should restrict access only to persons or entities that have a valid, legal need to see it. Current or prospective employers should not be given your credit report unless you consent first.
7. You have the right to bring a lawsuit and recover money damages for harm done to you by credit errors. This includes actual damages such as the higher cost of a loan or being turned down for a loan, job, or other lost opportunities. Other damages that may be available include $1,000 in statutory damages, noneconomic damages for emotional harm such as anxiety or stress, and even punitive damages for willful misconduct. You can also recover your attorney’s fees and the costs of pursuing your case in court if you are successful in your suit.
Are You the Victim of Inaccurate Reporting? If So, Contact Us for a Free Case Evaluation!
The federal government passed the Telephone Consumer Protection Act (TCPA) in 1991. The TCPA governs the conduct of telemarketers as well as certain debt collectors. Unless a consumer has previously provided their express consent, the TCPA restricts the use of automatic telephone dialing systems (also known as “auto-dialers,” “robocalls,” or “predictive dialers”), artificial or prerecorded voice messages, SMS text messages, as well as the use of fax machines to send unsolicited advertisements.
However, keep this in mind: In order for a debt collector or telemarketer to maintain a volume operation, they must make thousands of telephone calls each day. So, if you are getting calls from a debt collector or telemarketer on your cellular telephone, there is a very good chance that they are violating the TCPA. In accordance with the TCPA, consumers are entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax, or text message. Under the TCPA, the following actions are punishable:
• Debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by the use of an autodialer
• Debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by an artificial voice or a prerecorded message
• Sending unwanted fax messages, which solicit or promote a business (i.e. junk faxes); or sending unwanted business advertisements via text messages to your cellular telephone
*Take note that a consumer is unlikely to know whether a call to his or her cellular telephone was initiated using an autodialer since they often sound like any other phone call. A call initiated using an autodialer may, in fact, have a live person on the other end.
Those who find themselves overwhelmed by credit card debt should know they aren’t alone. On average, U.S. households owe more than $15,600 in credit card debt. That amounts to more than $880 billion nationwide. The ADP Research Institute reports that middle-aged workers between the ages of 35 and 54 have the highest number of wage garnishments as a result of defaulting on old debts—primarily medical bills, student loans, and credit cards.
When credit card payments lapse beyond 180 days, the account is typically closed and forwarded to a third-party collections agency. It is at this point that borrowers can expect to be bombarded with phone calls and letters demanding payment. Collection agencies retain the right to sue in certain situations. It is imperative to reach out for the help of an experienced attorney. Failure to do so can result in a default judgment against you, which could include not only the original debt but also hefty penalties and plaintiff attorneys’ fees. Your wages are likely to be garnished and liens could be placed on your property.
An attorney can help guide you through this process, often negotiating a settlement before you ever have to set foot in a courtroom. In some cases involving older debts, the collection action may be time-barred, meaning the statute of limitations has passed. However, if you don’t fight back, this won’t necessarily stop a creditor from obtaining a default judgment.
Many states have enacted their own laws to protect consumers against unfair or deceptive acts or practices. While these laws vary from state to state, these laws commonly protect against debt collection practices outlawed under the FDCPA. If you are the victim of harassment by a collections agency, our comprehensive consumer rights lawyers will find the right law that applies to your situation and put an end to those abusive practices.
Bankruptcy
If you find yourself behind on your mortgage payments and think that foreclosure may be on the horizon, it is important that you get in touch with an experienced foreclosure defense attorney as soon as possible. It is possible to stop a foreclosure from happening if the proper steps are taken quickly. There are several viable defenses against foreclosure such as procedural defenses, substantive defenses, and filing bankruptcy.
When a lawsuit to recover a debt is pending before a court, filing bankruptcy basically puts that case on hold until the bankruptcy is resolved. When you file for bankruptcy, a notice of the bankruptcy petition will be sent to all your creditors, as well as the court in which you have any current suits pending. If the debt is successfully discharged in bankruptcy, the debt no longer exists, and a creditor would no longer be able to recover it in court. However, if the debt is nondischargeable, then the creditor may continue to pursue the claim after bankruptcy.
If you find yourself unable to negotiate a payment plan or reduced bill with your medical provider, or if you’re having difficulty getting your insurance company to cover your claims for benefits, contact Ramsaran Law Group for assistance. Our office can negotiate a settlement for medical debt, guide you in the right direction for resolving your unpaid medical debt, and present all available options to you such as payment plans, settlements, and even bankruptcy proceedings.
If you have a car loan and you file Chapter 7 bankruptcy, you must tell the court what you intend to do with the loan. You have three choices—redeem, reaffirm, or surrender. Reaffirming the debt on your car means that, despite your bankruptcy, you will keep the car and continue to make payments, remaining fully responsible for the debt. In order to reaffirm your car loan, you must sign a reaffirmation agreement. This is a contract that lists the full balance that you are agreeing to reaffirm, as well as the interest rate and the monthly payment. The agreement will require you to attest to the court that reaffirming the debt will not present an undue hardship to you.
IRS income tax debts may be able to be discharged through bankruptcy if the tax debts meet certain qualifications. In cases where the income tax debt is the major contributor to the financial difficulties, there are various tax relief options to consider.
Consumer Protection
The federal government passed the Fair Debt Collection Practices Act (FDCPA) in 1978 primarily to curb abusive debt collection practices.
The FDCPA provides consumers with several protections such as the ability to sue a debt collector who violates the FDCPA in order to recover for actual and punitive damages as a result of violating the law. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, the following actions are punishable, either over the phone or through the mail:
• Harass, oppress, or abuse you or any third parties they contact
• Continue collection efforts after you write them to stop
• Telephone calls made from an auto-dialer
• Continue collecting after you write to tell them you are represented by an attorney
• Use any false or misleading statements when attempting to collect on a debt
• Represent that they operate or work for a credit bureau
• Misrepresent or inflate the amount of your debt
• Use profane language when attempting to collect
• Indicate that papers sent to you are legal forms when they are not
• Threaten to garnish your wages (in Pennsylvania, Texas, or Florida)
• Threaten to take an action they cannot take legally or do not intend to take
• Fail to disclose that they are a debt collector
• Give false credit information about you to anyone, including a credit bureau
• Collect any amount greater than your debt, unless permitted by law
• Attempt to sue you on a time-barred debt
• Call you after 9:00 p.m. or before 8:00 a.m., without your consent
• Engage in any other false, deceptive, or abusive conduct
• Miscalculate interest, penalties, or other charges
There is no such thing as having two cases that are alike. Privacy violations vary and the legal road can often be filled with twists and turns. That is why so many people, not only from Florida but from all across the United States, rely upon the legal acumen of the Ramsaran Law Group when dealing with abusive debt collectors and unscrupulous telemarketers.
If you believe your rights have been violated by a debt collector who has engaged in any of the behaviors listed above, please send us your debt collection letters and any other documentation (such photographs taken off your cell phone during the incoming debt collector call, any phone bills reflecting these calls, call logs you may have written down including details about the conversation you had with the collector, saved voicemail messages, etc.) all which relate to your alleged debt in order for us to investigate these actions on your behalf.
The Fair Credit Reporting Act (FCRA) was passed by Congress to help ensure both the accuracy and the privacy of your credit report. Credit bureaus receive information from lenders. Lenders, however, are not limited to just banks and credit unions; they also include car dealerships when you finance your car with them, furniture and appliance stores when you rent-to-own or pay in installments, cell phone providers, credit card companies, and more. Every payment you make to every one of these sources, including every late payment and every missed payment, is reported to the credit bureaus and used to calculate your credit score. When companies comply with FCRA, your personal information is only transmitted based on legitimate requests, and only correct information is sent. When companies don’t comply, FCRA gives you the right to sue for damages. If the information is reported inaccurately, you are the one who suffers. There isn’t anybody at the credit bureau checking to see if the information is correct; that’s up to you.
Under the FCRA, you have certain rights:
1. You have the right to be notified when an entity reports a negative item to the credit bureaus. You should be notified before the report is ever made, and afterward as well.
2. You have the right to be informed about the reason you were turned down for credit, including the name, address, and telephone number of the source of negative information.
3. You have the right to have the information corrected or deleted within 30 days after you show that it is inaccurate, inconsistent, or unverifiable.
4. You have the right to have outdated information removed from your credit report, including accurate yet old information. Missed payments, late payments, judgments against you, and other negative material should be removed once the information is seven years old. A Chapter 7 bankruptcy should be removed after ten years.
5. You have a right to one free credit report per year from each of the three major credit reporting agencies—Experian, TransUnion, and Equifax. You have the right to purchase your credit report at any time for a reasonable fee.
6. You have the right to the privacy of your credit report. Credit bureaus should restrict access only to persons or entities that have a valid, legal need to see it. Current or prospective employers should not be given your credit report unless you consent first.
7. You have the right to bring a lawsuit and recover money damages for harm done to you by credit errors. This includes actual damages such as the higher cost of a loan or being turned down for a loan, job, or other lost opportunities. Other damages that may be available include $1,000 in statutory damages, noneconomic damages for emotional harm such as anxiety or stress, and even punitive damages for willful misconduct. You can also recover your attorney’s fees and the costs of pursuing your case in court if you are successful in your suit.
Are You the Victim of Inaccurate Reporting? If So, Contact Us for a Free Case Evaluation!
The federal government passed the Telephone Consumer Protection Act (TCPA) in 1991. The TCPA governs the conduct of telemarketers as well as certain debt collectors. Unless a consumer has previously provided their express consent, the TCPA restricts the use of automatic telephone dialing systems (also known as “auto-dialers,” “robocalls,” or “predictive dialers”), artificial or prerecorded voice messages, SMS text messages, as well as the use of fax machines to send unsolicited advertisements.
However, keep this in mind: In order for a debt collector or telemarketer to maintain a volume operation, they must make thousands of telephone calls each day. So, if you are getting calls from a debt collector or telemarketer on your cellular telephone, there is a very good chance that they are violating the TCPA. In accordance with the TCPA, consumers are entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax, or text message. Under the TCPA, the following actions are punishable:
• Debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by the use of an autodialer
• Debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by an artificial voice or a prerecorded message
• Sending unwanted fax messages, which solicit or promote a business (i.e. junk faxes); or sending unwanted business advertisements via text messages to your cellular telephone
*Take note that a consumer is unlikely to know whether a call to his or her cellular telephone was initiated using an autodialer since they often sound like any other phone call. A call initiated using an autodialer may, in fact, have a live person on the other end.
Those who find themselves overwhelmed by credit card debt should know they aren’t alone. On average, U.S. households owe more than $15,600 in credit card debt. That amounts to more than $880 billion nationwide. The ADP Research Institute reports that middle-aged workers between the ages of 35 and 54 have the highest number of wage garnishments as a result of defaulting on old debts—primarily medical bills, student loans, and credit cards.
When credit card payments lapse beyond 180 days, the account is typically closed and forwarded to a third-party collections agency. It is at this point that borrowers can expect to be bombarded with phone calls and letters demanding payment. Collection agencies retain the right to sue in certain situations. It is imperative to reach out for the help of an experienced attorney. Failure to do so can result in a default judgment against you, which could include not only the original debt but also hefty penalties and plaintiff attorneys’ fees. Your wages are likely to be garnished and liens could be placed on your property.
An attorney can help guide you through this process, often negotiating a settlement before you ever have to set foot in a courtroom. In some cases involving older debts, the collection action may be time-barred, meaning the statute of limitations has passed. However, if you don’t fight back, this won’t necessarily stop a creditor from obtaining a default judgment.
Many states have enacted their own laws to protect consumers against unfair or deceptive acts or practices. While these laws vary from state to state, these laws commonly protect against debt collection practices outlawed under the FDCPA. If you are the victim of harassment by a collections agency, our comprehensive consumer rights lawyers will find the right law that applies to your situation and put an end to those abusive practices.