How to Hire a Debt Collection Lawyer
Getting a debt collection lawyer can be an important step to defending your rights. However, there are several things you need to consider before hiring one. These include their fees, their specialties, and whether they will represent you in court.
Avoid garnishment of wages
Using a debt collection lawyer can help you avoid garnishment of wages. Wage garnishment is a legal order that can be used by creditors to collect a debt from the debtor. It can occur in any of several ways. The first step is a court judgment. The judgment will describe the amount of the debt and may include fees.
The next step is to object to the garnishment. This may be the best way to negotiate a payment plan with the creditor. The creditor is less likely to agree to a plan after the judgment is issued.
Another option is to file for bankruptcy. Bankruptcy stops the garnishment, and can discharge the underlying debts. This can also help you avoid future garnishments.
Another option is to take out a secured loan. This can help you avoid the stress of making payments for a long period of time. These loans are likely to be sold to recoup money.
Bank levies are not as regulated as wage garnishment. They usually become garnished within 10 days. If you object, you should contact the court clerk.
You can also file a claim of exemption. This form must be filed with the clerk of court office in the county where the garnishment originated. You will need to include information about your dependents.
A final option is to negotiate a settlement. You can offer to pay a small portion of your debt. If you can’t pay the whole amount, you may be able to reach an agreement that will allow you to stop the garnishment.
You can also work with a nonprofit credit counseling organization to find a better debt solution. A debt management program will help you organize your finances and avoid future garnishments.
Dispute the debt if you think it’s not yours
Dispute the debt if you think it is not yours. This can save you time and money.
Debt collectors can make fraudulent claims and engage in unfair practices. The Fair Debt Collection Practices Act (FDCPA) protects debtors from such mistreatment. You can also file a complaint with the Consumer Financial Protection Bureau (CFPB) complaint hotline.
Debt collectors are prohibited from contacting you at inconvenient times, such as at work. They also cannot report disputed debts to credit reporting agencies.
If you are served with a summons, you should seek the advice of a private attorney. You may also be able to challenge the lawsuit. You can file an answer in court if you believe that the debt is invalid. If you decide to file a suit, you may be ordered to pay the costs of the suit.
Debt collectors must provide you with enough information to verify the debt. This includes the name and contact information of the creditor. The creditor should provide information about the amount owed, the date the debt was incurred, the minimum amount owed, and any interest and fees charged. You should also request a debt verification letter.
If you do not receive a debt verification letter within five days, you should write the debt collector and ask for proof of the debt. You should also include a copy of the original contract or signed statement. You should also circle items on the statement and include any information about payments that were waived.
You should also save copies of the dispute letters. These should be sent by certified mail. You can also use a certified mail receipt to verify that the letter was received.
Avoid apologizing or explaining yourself to a debt collector
Taking the time to read up on your credit card companies policies can go a long way towards preventing the dreaded debt hiccup. The best time to do this is during the early part of the month, when the credit card company isn’t as harried. Most credit card companies have a credit card customer service line, and if you call them in for a chat, you’ll probably be able to get your questions answered more quickly. Similarly, if you have an account at your local bank, you may be able to get your money back faster than you can get a credit card company to do it for you.
A word of caution, though, the credit card companies may have a vested interest in your debt, and they may not be on your side if they are. If this is the case, you may be in for a nasty surprise. The best bet is to avoid a debt induced financial hiccup at all costs. Besides, the name badge is a lot more palatable when you aren’t being harrassed.
Whether you have been harassed by your debt collection agent or your neighbor, you may be entitled to damages. The amount of damages you may be awarded depends on the type of debt, the duration of harassment, and the ruthlessness of the collector.
When you are harassed by a creditor, you should consider filing a complaint with the Federal Trade Commission or your state’s consumer protection agency. These agencies may also file a lawsuit against the debt collector. You may be able to recover damages from the debt collector for any damages you have incurred, including emotional distress and harm to your credit report.
You may also be entitled to attorney’s fees. A lawyer can help you determine if you have a case and advise you on the legal requirements. You can also hire a lawyer to stop harassing debt collection phone calls.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from debt collection harassment. If a debt collector violates the FDCPA, the collector is liable for damages up to $1,000. Depending on the severity of the harassment, you may be awarded attorney’s fees.
The law also requires debt collectors to keep a record of all their calls. This includes the name of the person speaking, the length of each call, and the time of each call. Keeping a record will help you make a strong case.
Debt collectors may try to avoid being sued by claiming that they are merely following state law. They may also try to circumvent the FDCPA rules. However, the law is very clear about what they can and cannot do.
If you have been harassed by a debt collector, you should contact a creditor harassment lawyer immediately. They can help you stop harassment and put a stop to any illegal collection practices. They can also advise you on state debt collection laws.