If you are receiving harassing phone calls, letters, and emails from a debt collector, there are numerous ways to put an end to this conduct. If the conduct is truly egregious, as detailed in our Fair Debt Collection Practices Act blog post, you may even be able to collect penalties, damages, and attorneys’ fees from the collector (collecting from the collector is one of the greatest 180s in the legal game). In this post, however, we will detail how to stop the harassment, how to take back control, and how to put an end to the incessant demands of the debt collector utilizing these few steps: 1. Know Who You Are Dealing With. There are some very unscrupulous debt companies out there. Naturally, there are some very professional companies that know the law, use best practices, and treat debtors with…Read More
Do Not Just Pay The Money You owe the money and there is nothing you can do, right? To the contrary, in many collection actions the consumer will have significant counterclaims. Filing fees and arbitration requirements may be avoided and federal claims stay in state court. The debt collector may be less willing to dismiss its claims and may prosecute the collection case more aggressively in order to vigorously contest the counterclaim. Courts that hear collection cases may not have judges willing to put in the extra time that counterclaims require. A good example of a collection case that raises numerous potential counterclaims is when the collector is seeking to recover a deficiency after a car repossession and repossession sale. The consumer may have counterclaims under Uniform Commercial Code Article 9 and other state laws relating to the repossession and…Read More
