DEBT & COLLECTION ISSUES

 

Collection Issues

We prevent and resolve problems related to Michigan and Ohio debt and collection issues. 

Do you have creditors harassing you to pay bills you cannot afford? A debt and finance attorney may be able to help you negotiate your debts using the Fair Debt Collectors Practices Act or “FDCPA.”   

Don’t waste your time stressing over your debt or negotiating with creditors yourself – there is a way out, and we know we can help.

WHAT IS THE FDCPA?

The FDCPA is a federal law that governs many aspects of debt collection behavior and practice. It was passed in 1978 to prevent debt collection practices that are abusive, deceptive, or unfair. Many people do not realize that they have rights as a consumer, and that if they are being unfairly harassed by a creditor, they can take legal action against them.

WHAT DEBTS ARE COVERED UNDER THE FDCPA?
 
This law applies only to consumer debt, not business or corporate debt. However, all types of consumer debt, including credit card debt, home and car loans, medical bills, student loans, and more are covered under this law.
Although there are some exceptions to these limitations, for the most part, creditors are legally unable to contact you at an unusual time or place. For example, they cannot contact you at work if you are not allowed to receive personal calls at work. They also cannot confront you publicly or in a place that is inconvenient to you. 

If you are being represented by an attorney, the debt collector must contact your attorney instead of you. They cannot continue to harass you if you hire an attorney. This is one of the biggest benefits of hiring an attorney to get out of debt.  
                                                                                                                                  You may feel like you are powerless against an abusive creditor, but with legal help and effective legal representation, you can stop unscrupulous collection efforts and find the relief you deserve.  If you are being harassed by a creditor, talk to David Soble and his team today to see how federal law can help protect you.

                                                                                                                              Remember, before you worry about that next call from a creditor, call us at 888.789.1715 before to know what legal and financial options you have! 

 

 

Are You Being Pressured By Abusive Creditors?  

Call Us For Your Consult.
At 888.789.1715 or
Complete This Form.

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Debt & Collection Questions

Frequently Asked Questions

Top Collection Questions

You have legal rights against abusive creditors and their collection efforts. You have legal options under federal and state law on how you want to resolve pressing debt. Don’t despair, call us to discuss your concerns.

What practices are prohibited under the FDCPA?

When creditors do contact you, they are required to inform you about the debt that they are collecting on. This means that they have to tell you who they are, how much you owe, and provide you with information on how to contact them so that you can either verify or dispute the debt.

If you choose to dispute the debt within a month of receiving the original notice, the debt collector cannot call you again until the dispute has been investigated and the debt has been verified.

This information is very important for all consumers to be aware of. If you are being unlawfully harassed by a creditor, seek legal help immediately. There are also many debt collection scams that are currently running – if you are being harassed about a debt that does not seem familiar or correct to you, the creditor may actually be a scam artist.

It is very important to keep detailed records of your finances and debts for this reason.

If I chose to file bankruptcy, how long will it affect my credit?

The bankruptcy public record is deleted from the credit report either seven years or 10 years from the filing date of the bankruptcy, depending on what bankruptcy chapter you filed under.

Chapter 13 bankruptcy is deleted seven years from the filing date because it requires at least a partial repayment of the debts you owe.

You should know that for lending purposes, you may still be eligible for a mortgage loan within as little as 18 months from your date of discharge.
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I believe that I did not sign the credit agreement. Can I challenge the lender?

Even if you feel that you did not enter into an agreement, a court may find that you are bound by a contract pursuant to the legal doctrine of ‘promissory estoppel.” 

The court will determine if  (1) a legal relationship either exists or is anticipated between the parties, (2) representations are given in circumstances that lead the other party to assume the promise will be performed, (3) reliance by the other party on the promise or representation to their own detriment, and (4)  it would be unconscionable for the promisor to go back on their promise.

What does a creditor have to say when they call me?

When creditors do contact you, they are required to inform you about the debt that they are collecting on. This means that they have to tell you who they are, how much you owe, and provide you with information on how to contact them so that you can either verify or dispute the debt.

You have the right to tell them to stop calling you, but that alone will not stop other collection efforts.

 

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