Collections Defense

HOW THE FDCPA PROTECTS YOU

The Fair Debt Collections Practices Act is a federal law enacted in the 1970s designed to prevent collections abuse. It governs the activities of debt collectors, gives consumers rights and protections and includes penalties for debt collectors that violate the law. By retaining the help of the firm, you will have a legal advocate who will vigorously defend your FDCPA rights and take immediate actions to stop creditor abuse against you. A Terre Haute Bankruptcy attorney at Rowdy Williams Law Firm believes you have the right to be treated with dignity and respect, even if you owe creditors money. That respect starts at the office door.

DEFENDING YOUR RIGHTS WITH A TERRE HAUTE BANKRUPTCY ATTORNEY

With the economy at such a low point these days, it’s no wonder that people are having trouble paying their bills. To make matters worse for consumers, some collection agencies seem to deliberately engage in frequent nasty phone calls to family and friends and send overtly hostile letters in their attempts to get the money owed to them. It can be an extremely stressful situation with seemingly no way out. If you are in such a situation and believe you may have been unduly harassed, rest assured; help is available.

There are several strategies that may be effective in defending your rights against collections defense, and an experienced attorney can help you determine the right approach for your specific situation. By forcing the alleged creditor or debt collector to prove their entire claim against you and bringing a counterclaim (lawsuit) against the debt collector or creditor, you may succeed in having the claims against you dropped. Some examples of these counterclaims include the following:

  • Lawsuit for debt collection crimes
  • Lawsuit for illegal credit reporting
  • Lawsuit for illegal debt collection

EXPLANATION OF “DEBT BUYERS”

In many cases, collection attempts and creditor harassment will not be carried out by the original creditor to whom you owed money. Instead, you will find yourself dealing with someone who is known as a “debt buyer.” These are companies who make a profit by buying up debt that is owed to other creditors for a fraction of what is owed – they then attempt to collect the full dollar amount from the original debtor. This could be anything from a large collection agency to a private law firm.

These companies, however, are heavily regulated both by the FDCPA and state law. They are not permitted to behave however they want and are required to abide by very strict laws regarding what they are and are not allowed to do. For example, they cannot call at all hours of the night and they cannot use offensive language during any transactions. If for any reason, they fail to listen to these laws, you can take legal action.

HOW BANKRUPTCY CAN BE USED

If you are being harassed by a debt collector, one of your best options may be to use bankruptcy to your advantage. By filing for bankruptcy, you will experience what is known as an “automatic stay.” This will prohibit all creditors from taking any further actions in their effort to collection. During the bankruptcy petition, as soon as it is filed, all collection attempts will come to a halt until the bankruptcy is over. In many cases, filing will end in a full discharge of your debts, which will allow for you to experience relief. Even in cases where the debt is not fully discharged, you will be able to establish a sturdy repayment plan which will put you on the road to financial stability for the long run.

BANKRUPTCY LAWYER IN TERRE HAUTE

If you are residing in Indiana and are facing bankruptcy, you should speak to a bankruptcy lawyer in Terre Haute. For a consultation, call the Rowdy Williams Law Firm today in order to speak with a Terre Haute bankruptcy attorney.