Get Professional Assistance From Miami Debt Defense Attorney To Stop Collector Harassment
Most citizens acquire credit with the aim of paying back the loan within a fixed period of time. As a result of unexpected situations, however, many debtors are incapable of paying back their debts as anticipated and end up becoming a victim of harassment from collection agencies. In other cases, there's either a lack of communication or erroneous records that lead to a debtor being unnecessarily harassed. If you are being threatened by debt collection agencies, a Miami Debt Defense attorney will be able to stop the aggressive collection practice or even file a lawsuit against the collection agency to fight against your unfair prosecution. Here's everything you need to know -
No Case If You are at Fault
If you actually owe the amount that the collection agency is seeking, hiring an attorney won't help you. Even if a consumer court deems the debt collector's collection tactics to be in violation of the Fair Debt Collection Practices Act (FDCPA), you still owe the same amount. If the creditor can prove their case, you will end up owing the original amount and may have to put up with your attorney's fees, and your creditor attorneys' costs in addition. Only contact a Debt Harassment Lawyer in Miami if you have an excellent counterclaim or if the collection agency has gone out of its way to harass you and your family (for example, if the agency is contacting your employers or threatening your family, you may be entitled to file a claim for your suffering).
Building a Defense
If you have a convincing argument backed with evidence to dispute the amount that they are pursuing or to counterclaim a lawsuit filed against you, your first step should be hiring an experienced Debt Harassment Lawyer in Miami to speak for you in the trial. In collaboration with your attorney, you will have to build a 'Defense' - a set of valid reasons stating why you aren't legally responsible for the debt. In most cases, debtors claim that the statute of limitations (the period in which the lender must file the lawsuit) has passed or that the creditor is not able to provide original correspondence verifying the details of the debt.
Old Debt
Debt collectors have a fixed period of time within which they should collect a debt or file a lawsuit against the erroneous debtor. Once this time period passes, the unsettled debt is determined "time-barred". This time period varies from state to state and is designed to make sure that creditors immediately file an official complaint as soon as a creditor misses a payment. If the creditor fails to report failed payments on time, the debtor will not be held liable to pay back the old debt.
What to Do When Your Debtor Rights are Violated?