When you have been sued as a result of debt collection, you can feel frustrated and confused. You may not have been aware of the debt in the first place, or you may be unsure to whom the money is really owed. When debt collection agencies take over a debt, they may be calling you all hours of the day and night and sending you harassing letters. You have rights when it comes to debt collection suits, and a debt collection defense attorney can help.
You have rights under the Fair Debt Collections Practices Act that prevent a debt collector from harassing you. When you hire a debt collection defense attorney, they will immediately call the debt collecting agency and have all communications got through them. The debt collector will no longer be able to contact you in any way. They must work with your lawyer to settle the debt if it is even owed.
If you have been harassed as a result of these debt collection calls and letters, your debt collection defense attorney can file damages on your behalf. Under the Fair Debt Collections Practices Act a debt collector may not:
• Call you during off peak times
• Call you repeatedly
• Claim to be an attorney
• Threaten to sue you or put you in jail
• Talk to you in an aggressive manner
• Call your neighbors or coworkers and discuss your debt or late payments
• Call your employer and discuss your debt or late payments
• Advertise your debt in a local newspaper
• Call you after you have notified that you have hired an attorney
When you work with a debt collection defense attorney they can not only get the harassing calls to stop but they can determine if you really owe a debt as described. They will request that a verification letter is sent from the collection agency. The collection agency has an unlimited amount of time to produce the letter to you, but they must stop all actions to procure debt collection from you until they furnish you the verification letter.
This verification letter is an important step in the debt collection process as it allows you to verify where the debt is coming from and if it is accurate in its portrayal. Your attorney can help you dispute any charges that are not correct or end the collection entirely if there is no debt to be owed.
If the debt collector continues to harass you without providing a verification letter, they can be sued for their actions. Your lawyer can advise you on the steps to take to procure damages from them for their illegal actions.
If a debt collector files a lawsuit against you for debts owed but has failed to provide you a verification letter in a timely fashion, you can sue for counter damages in the same suit. This can put an end to some lawsuits as a debt collector has the burden of proving its actions were unintentional or an error which can be challenging if they weren’t.
When heading to court for a debt collection lawsuit, you will be able to rely on your debt collection defense lawyer to have the documentation that is required by the court. If the debt collector that has filed the suit against you fails to show proof of your debt, your attorney can request the that the suit is dropped or that additional information is provided. Because this is a formal request, you lawyer will be able to handle the proceedings for you.
In a time of increased fraudulent activity occurring, you need to take extra caution when you are contacted by a debt collector. It could be a scam, especially if you are unaware of any debt that is outstanding and needs to be paid. If you are unsure why you are being contacted for debt collection, your best bet is to work with a debt collection defense lawyer. They will be able to help you determine the nature of the claim against you and help you understand what your rights are under the law and the Fair Debt Collections Practices Act.
If you are being harassed by debt collectors and need help to make it stop, a Puerto Rico debt collection defense attorney can help. They can stop the creditors from calling and work with them to verify your actual debt amount if any. Contact a Puerto Rico debt collection defense attorney today!