Collections Defense
Together We Can Resolve Your Debt Collection Issues.
Third-party debt collection is a huge industry, and collectors often operate on little-to-no documentation. Debts are bought and sold in massive portfolios; often consisting of little more than names, Social Security numbers and balances.
When receiving a collection letter or notice of a lawsuit, the first inclination may be to give up. Don’t! Remember – it is the debt collector’s burden to establish that you owe the debt, that the balance and charges are correct, and that it is collectible. It’s quite possible that the debt cannot be verified, is inaccurate, contains additional charges which are not collectible, or in some cases, is not collectible at all since it’s beyond the statute of limitations or discharged in bankruptcy.
It is also not unusual to encounter a debt collector who engages in abusive and misleading tactics to collect a debt. If you’ve encountered this situation, it may be possible to turn the tables and seek damages from the debt collector under the Fair Debt Collection Practices Act and Indiana’s Deceptive Consumer Sales Act. Damages can be significant, consisting of statutory penalties, attorney fees, and court costs.
Advantages
Collections Defense
An attorney can step between you and the creditor and help you develop a plan. If you've been the victim of harassment or intimidation in the course of collecting a debt, an attorney can help you recover damages under federal and state law.
Hold Creditors
Accountable
It's the creditor's burden to prove 1) ownership of the debt, 2) the amount of the debt, and 3) that you owe it. If you notify the creditor that you dispute even one of these items in writing, the creditor must stop all further collection activity until it provides written verification of the debt. Failure to do so may trigger your right to bring a claim under the Fair Debt Collection Practices Act for damages.
Stop Collector
Harassment, Intimidation
There are debt collectors who employ hardball tactics like calling constantly at all hours or using intimidation. The Fair Debt Collection Practices Act, Indiana's Uniform Consumer Credit Code, and Deceptive Consumer Sales Act can give you the tools to fight back and end the harassment. In some cases, and depending on the conduct, the hunter can even find himself becoming the hunted.
Ensure That Your
Defenses Are Asserted
There are many defenses that may partially or completely defeat a debt collector's claim. Examples include the debt being outside of the statute of limitations (time-barred), discharged in bankruptcy or satisfied by prior payments. Each case is different and should be carefully reviewed to determine the defenses available and the proper course of action.
Ensure That Your
Credit Report Is Correct
A recent Federal Trade Commission report found 25% of consumer credit reports contain errors - from minor mistakes to major oversights. The Fair Credit Reporting Act provides is designed to protect consumers from these mistakes by requiring debt collectors and other reporting agencies to provide complete and accurate info. A creditor's failure to correct information after notice could give rise to a claim for statutory damages, punitive damages, and even attorneys' fees.
DIY Information
There are basic steps that you can take to challenge a debt collector and to give you additional time to seek help.
How to Dispute a Collection Letter
Here’s how to exercise your rights under the Fair Debt Collection Practices Act (“FDCPA”) to dispute a collection letter. By doing so, you can temporarily halt the collection process and get the information you need to make a sound decision. You’re also sending a clear message to the debt collector that you’re not going to be pushed around.
How to Dispute an Incorrect Credit Report Entry
The Fair Credit Reporting Act (“FCRA”) provides consumers the right to dispute errors in their credit reports and have the information corrected or removed.
How to Request Additional Time to Respond to a Summons or Complaint
Receiving a summons and complaint for an outstanding debt can be an embarrassing and terrifying experience. Luckily, the Indiana Rules of Trial Procedure offer the ability to request additional time to respond; giving you a moment to catch your breath and seek help.
