If a debt collector sues you, that means that you are going to be forced to deal with this debt. This may be a perfect time for you to resolve this debt once and for all – and without costing you a dime.
Debt collectors can aggressively pursue the collection of a debt, but State and Federal laws create a number of protections to you as the consumer/debtor.
Some of the most common protections include the ability to file suit for…
- Trying to collect a debt you do not owe
- Calling at odd times at night and in the morning
- Failure to investigate a dispute
- Failure to validate a debt
- Failure to stop calling before validating a debt
- Trying to collect a debt when they have no right to collect
- Misreporting a debt
- Calling using a robo-dialer
- Making the phone ring repeatedly
There are many ways a debt collector can be sued; they often violate the laws that create guidelines for fair debt collection efforts. If you are a victim of their violations, you can sue for up to $3,000.00 (depending on the types of violations), attorney’s fees, actual damages, and/or $500.00 to $1,500.00 per phone call.
So, if a debt collector (or any creditor if you live in California; see Calif. Rosenthal Act) sues you, you may be able to counter-sue or cross-complain against them for their own violations! Therefore, they may actually be the ones who owe you money with a court order for them to stop contacting you. Also, this is the best way to get free legal representation to help you defend this suit, because we often defend lawsuits for free if we can recover our attorney’s fees as a result of their violations.
There have been cases where the debt collector has called 50 to 2,000 times and still sue the debtor. If they are doing this, they may owe you a lot of money, as each illegal phone call could provide you $500.00-$1,500.00 per call! For example, a simple $500 credit card debt could turn into a million dollar judgment for you, depending on how heinous their efforts have been.
So, if you are sued, call us TODAY to arrange a free, confidential consultation to discuss whether we can erase the debt, obtain an order for them to stop contacting you, and maybe even get some money in the process.
