Defending Debt Collection Cases and Bringing Claims for Illegal Debt Collection Practices
Debt collectors assume you’re not likely to assert your rights
Simply because you’ve been sued on a credit card account or other obligation does not mean you owe a debt or must pay it. Many debt collection lawsuits are based on inaccurate or inadequate information, or may be past the statute of limitations. In particular, collection lawsuits brought by “debt buyers” (companies which are not the original creditor) are often highly suspect because documentation regarding the account and the acquisition of the account is lacking. Quat Law Offices assists consumers in defending against collection lawsuits and obtaining the best possible results. These efforts often cause the creditor to reduce the claim or eliminate it entirely. And, if your rights have been violated in any way, you may be able to recover money from the creditor or debt collector.
For example, unlawful debt collection practices include:
Calling before 8 a.m. or after 9 p.m.
Calling at work after being notified not to
Threatening any action that is not taken or intended to be taken
Threatening to have you arrested or to “ruin” your credit
Not informing you that you have a right to dispute the debt
Adding undisclosed fees or costs to the debt.
These are just a few of the many rights that consumers enjoy under federal and state law.
We get results for you...
A Sudbury man was sued on a credit card account by an assignee of original creditor. Counterclaims were asserted based on collector’s failure to validate debt in response to his timely request, and failure to be licensed as a debt collector in Massachusetts. The case was settled with total cancellation of debt, credit repair, and payment of legal fees and costs.
A Cambridge woman was sued by a company which purchased a debt from the original creditor. The company couldn’t establish its ownership of the debt, and wasn’t licensed as debt collector in Massachusetts. The case was resolved with total cancellation of the debt and payment of legal fees and costs.
A Swampscott woman with a similar name as actual debtor was mistakenly called several times by a collection agency. One of the calls was abusive, accusing her of being a deadbeat and purposely avoiding the debt. The agency also called a neighbor. A case was filed against the collection and was readily settled on confidential terms.
If you need help defending against a collection lawsuit, or think you may be the victim of an illegal debt collection practice, we advise that you contact us.