Dealing with Debt Collectors? We’ve Got Your Back
Let’s, be real, debt collectors can make your life a living nightmare. Constant calls, threatening letters, it never seems to end. But, take a deep breath, you have rights – and we’re here to fight for them.
At Spodek Law Group, we’ve won millions for clients whose rights were violated by unscrupulous debt collectors. Our top-rated New York litigation lawyers have over 50 years of combined experience taking on even the biggest debt collectors. We understand this is an incredibly stressful situation, that’s why we make it our mission to get these abusive calls and letters to stop once and for all.
-The Statute of Limitations is a Powerful Tool
One of the most important things to understand is the statute of limitations on debt collection. It’s simple, every single client deserves honesty and white glove service, so let’s break it down:
- In New York, the statute of limitations for credit card debt is 6 years
- For medical debt, it’s 6 years
- Utility bills have a 4 year statute
- State tax debts are 6 years, federal is 10 years
If, a debt collector is going after debt that’s past the statute of limitations, we may be able to get the entire debt dismissed. Trying to navigate these complex laws on your own is extremely difficult, but our debt collection lawyers know all the ins and outs.
We’ll analyze every aspect of your case, including:
- Proving the debt is actually yours
- Ensuring it’s within the statute of limitations
- Verifying the plaintiff is the real creditor
- Checking they followed all legal requirements
If, we find any violations of the Fair Debt Collection Practices Act (FDCPA), we can countersue the collector for money damages. It’s our chance to turn the tables.
-When Debt Collectors Sue
If, a debt collector has already sued you over an unpaid debt, don’t panic, but do take it extremely seriously. Failing to respond properly could result in a default judgment being entered against you. That means the collector could potentially garnish your wages or go after other assets.
We routinely defend clients against these lawsuits and have gotten countless cases dismissed or settled for pennies on the dollar. Our skilled litigators will fight tooth and nail to protect your rights.
Have, you been improperly served court documents? Did the debt collector file the lawsuit in the wrong county? We’ll find any possible defenses and hold their feet to the fire.
Bankruptcy: A Fresh Start
For, clients dealing with overwhelming debt from multiple creditors, bankruptcy may be the best solution to get debt collectors off your back permanently.
Both Chapter 7 and Chapter 13 bankruptcy include an automatic stay that immediately stops all collection efforts. Our bankruptcy lawyers can guide you through the process and get you on the path to a fresh financial start.
-We’ll, ensure your rights are protected and that you receive a full debt discharge if eligible. No more letters, no more calls, just peace of mind.
What Qualifies as Debt Collection Harassment?
Debt, collectors have one job – to try to make you pay up. But there are strict rules they must follow under the FDCPA. Harassment from a debt collector can include:
- Repeated calls with intent to annoy or harass
- Using profane, obscene or abusive language
- Threats of violence or harm
- Calling you at work after being told not to
- Discussing your debt with others
If, a collector has crossed the line into harassment, you may be able to sue them for up to $1,000 in statutory damages, plus attorney fees and court costs.
-At Spodek Law Group, we’ve seen all the underhanded tactics collectors use. Let us put a stop to the abuse and get you compensated.
How to Stop Debt Collection Harassment
The, first step is sending a debt validation letter. This requires the collector to provide evidence that the debt is really yours and they have the legal right to collect it.
Once, they receive your letter, they must stop all further communication until they can validate the debt. This buys you some breathing room from the constant calls and letters.
You, can also send a cease and desist letter demanding the collector stop all contact with you immediately. They are only permitted one more communication to notify you of their intended actions.
If, the harassment continues after that, it’s a clear FDCPA violation that we can take them to court over. We know exactly how to make these collectors listen.
Debt Collectors are Required to Follow Rules
It’s, important to remember that debt collectors have to operate within strict legal boundaries under the FDCPA. Some of the key rules they must follow:
- Cannot call you before 8am or after 9pm
- Must identify themselves on all calls
- Cannot discuss your debt with others
- Cannot engage in harassment or abuse
- Must provide debt validation if requested
- Cannot make false or misleading statements
If, a collector has violated any of these rules in their dealings with you, we can pursue legal action and potential damages. We make them pay for breaking the law.
Negotiating Debt Settlements
Even, if the debt is legitimate, you may be able to negotiate a settlement with the collector for less than the full amount owed. Collection agencies often purchase debts for pennies on the dollar, so they have room to settle.
Some tips for negotiating:
- Get any settlement agreement in writing before paying
- Try to negotiate removal from your credit report
- Ask for a “paid in full” statement after the final payment
- Don’t be afraid to start low – they may accept 25-50%
- Be prepared to negotiate back and forth
We, have extensive experience negotiating favorable settlements for our clients. Let us handle the back-and-forth so you can put this debt behind you.
Your Rights Under the FDCPA
The, Fair Debt Collection Practices Act is one of your biggest allies against abusive collectors. This federal law outlines your rights as a consumer, including:
- Debt collectors must identify themselves on all communications
- You can demand debt validation within 30 days
- You can tell them to stop all communication
- They cannot harass or abuse you
- False or misleading statements are prohibited
- They must honor post-dated debt discharge
If, a collector violates any of these rights, you may have grounds to sue them in federal court. We know exactly how to make them pay for illegal conduct.
When to Hire a Debt Collection Lawyer
While, you can try negotiating with collectors on your own, there are situations where hiring a consumer law attorney is highly advisable:
- The collector has violated your FDCPA rights
- The statute of limitations has expired on the debt
- You are being sued over the debt
- The debt is not actually yours
An, experienced debt collection lawyer can review your full situation and advise on the best path forward, whether that’s settlement negotiation, litigation, or bankruptcy.
We, offer free initial consultations to go over the details of your case. If a collector is giving you a hard time, let us take over and put a stop to the harassment.
Take Action to Stop Harassment
If, a debt collector continues to harass you or violate debt collection laws after you’ve disputed the debt, you have options:
- Send a cease and desist letter demanding they stop
- File a complaint with the Consumer Financial Protection Bureau
- Consult a lawyer about suing the collector
No, one should have to endure abusive or illegal collection tactics. Taking action can stop the harassment and potentially get you compensated.
Develop Healthy Financial Habits
Once, you’ve resolved the debt issue, it’s important to take steps to avoid falling into debt again:
- Create a budget and stick to it
- Build an emergency fund
- Check your credit report regularly
- Prioritize paying more than minimums
Taking, control of your finances can prevent future debts from being sold to collection agencies. We’re here to advise you every step of the way.
You Have Rights – Use Them
Dealing, with debt collectors is never easy, but knowing your rights and options can reduce stress. We make sure collectors like Client Services follow all applicable laws.
If, they’ve violated your rights under the FDCPA or state laws, let us pursue them for damages on your behalf. And if bankruptcy is the best path, we’ll guide you through it.
Don’t, let Client Services or any other debt collector take advantage of you. We’re aggressive litigators who get results for our clients. Schedule a free consultation today to discuss your best strategy for resolving this debt once and for all.
Debt Collection Harassment Stops Here
Have, debt collectors been making your life miserable? Constant calls at all hours, abusive language, blatant lies about what you owe – we’ve seen all the tactics they use, and we know how to make it stop.
At Spodek Law Group, we’ve dedicated our careers to protecting consumers from unscrupulous debt collection practices. Our top-rated litigators have taken on some of the biggest collectors and won millions for clients whose rights were violated.
If, you’re being hounded by aggressive debt collectors in violation of the Fair Debt Collection Practices Act (FDCPA), we can pursue them for monetary damages on your behalf. Let’s explore some of the most common violations:
Calling at Inappropriate Times
Debt, collectors cannot call you before 8am or after 9pm in your time zone. They also cannot call you at work if you’ve told them your employer prohibits such calls.
Have, you had to deal with a collector blowing up your phone at 6am as you’re getting ready for your day? Or harassing you with calls in the middle of the night? That’s a clear FDCPA violation that we can take action over.
Using Abusive Language
The, FDCPA strictly prohibits debt collectors from using profane, obscene or abusive language when communicating with you. They cannot threaten violence, use racial slurs, or engage in any other form of harassment.
If, a collector has used abusive language or made threats against you, be sure to document it. That evidence can help us get you compensated for the emotional distress they’ve caused.
Failing to Identify Themselves
On, every call, debt collectors are required by law to clearly identify themselves as seeking to collect a debt. They cannot mislead you about who they are or make it seem like they’re calling for another reason.
Did, a collector recently call you and not properly disclose they were a debt collector until several minutes into the conversation? That’s a violation we can take action over.
Discussing Your Debt with Others
Debt, collectors are prohibited from discussing your personal debt situation with anyone other than you, your spouse, or your attorney. They cannot call your relatives, neighbors, or co-workers and disclose details about what you owe.
If, a collector has violated your privacy by revealing your debt to others, that’s grounds for a lawsuit under the FDCPA. We’ll make sure they’re held accountable.
Making False or Misleading Statements
Perhaps, one of the most common FDCPA violations is debt collectors making false or misleading statements when trying to collect. This could include:
- Misstating the amount you owe
- Lying about consequences of non-payment
- Falsely threatening arrest or legal action
- Misrepresenting their identity or reason for calling
If, a debt collector has lied to you about any aspect of the debt or what could happen if you don’t pay, we may be able to sue them over those deceptive practices.
Ignoring Debt Validation Requests
Under, the FDCPA, you have the right to request debt validation from the collector. This means they must provide evidence that the debt is really yours before proceeding with further collection efforts.
If, you’ve requested debt validation and the collector has ignored you or failed to provide adequate proof, that’s a violation we can take legal action over.
Continuing After Cease Communication Notice
You, also have the right under the FDCPA to send a cease communication notice demanding the debt collector stop all further contact with you. They are permitted one last communication to notify you of their intended actions.
But, if the collector continues calling, sending letters, or trying to reach you after that, they’ve broken the law. We can file suit over the illegal harassment.
At Spodek Law Group, we know all the games debt collectors play and the laws they routinely break. If you’ve been the victim of any of these FDCPA violations, let us fight for your rights and compensation.
The Fair Debt Collection Practices Act Protects You
Have, you ever felt powerless against the endless calls and letters from debt collectors? Like no matter what you do, the harassment just won’t stop? If so, it’s crucial you understand your rights under the Fair Debt Collection Practices Act (FDCPA).This, federal law lays out strict rules that debt collectors must follow when trying to collect on a debt. It prohibits abusive, deceptive, and unfair practices – giving you a powerful legal tool against unscrupulous collectors.
At Spodek Law Group, our top-rated consumer protection lawyers have extensive experience enforcing the FDCPA and getting our clients compensated for violations. Here are some of the key consumer rights under the law:
Debt Collectors Must Identify Themselves
On, every communication, debt collectors are required to clearly disclose that they are attempting to collect a debt and provide their name and company information. They cannot mislead you about their identity or purpose.
You Can Demand Debt Validation
Within, 5 days of first contact, collectors must send you a debt validation notice with details on the debt amount, creditor name, and your right to dispute it. You then have 30 days to request full validation.
If, you dispute the debt in writing within that timeframe, the collector must stop all further communication until they provide evidence verifying the debt is yours.
You Can Tell Them to Stop Contacting You
The, FDCPA gives you the right to demand debt collectors stop all further communication with you by sending a written cease communication notice. After receiving it, they are only permitted one final contact to notify you of their intended actions.
Any, further calls, letters, or attempts to reach you after that point would be considered illegal harassment under the law.
Debt Collectors Cannot Harass or Abuse You
The, FDCPA strictly prohibits debt collectors from using abusive language, making threats of harm or violence, calling you repeatedly to harass you, publishing details about your debt, or engaging in any other form of harassment.
They, also cannot call you before 8am or after 9pm, call you at work if you’ve told them your employer doesn’t allow it, or discuss your debt with anyone other than you, your spouse, or your attorney.
False or Misleading Statements are Illegal
Debt, collectors cannot lie to you or make any false or misleading statements when trying to collect a debt. This includes misstating the amount you owe, making empty threats about consequences, or misrepresenting their identity.
Debt Discharge Must Be Honored
If, you have had a debt discharged in bankruptcy, the FDCPA requires debt collectors to honor that discharge and immediately stop all collection efforts on that debt.
These, are just some of the key consumer protections under the FDCPA. If a debt collector has violated any of these rights in their dealings with you, you may be able to sue them in federal court.
At Spodek Law Group, we fight to enforce the FDCPA and don’t let unscrupulous collectors get away with breaking the law. You don’t have to endure harassment – let us make them pay for their illegal conduct.
Debt Collectors Play by the Rules or Pay the Price
Have, debt collectors been violating your rights and making your life miserable? Calling at all hours, using abusive language, lying about what you owe – if so, they’ve broken federal law and you may be owed money damages.
At Spodek Law Group, our top-rated consumer protection lawyers have taken on some of the biggest debt collectors and won millions for clients whose rights were violated under the Fair Debt Collection Practices Act (FDCPA).This, powerful federal law lays out strict rules debt collectors must follow when trying to collect on a debt. If they’ve violated any of these rules in their dealings with you, we can file suit and pursue compensation.
Some, of the most common FDCPA violations we see from debt collectors include:
- Calling you before 8am or after 9pm
- Using profane, obscene or abusive language
- Threatening violence or criminal actions
- Discussing your debt with others like co-workers or neighbors
- Failing to identify themselves as a debt collector
- Ignoring debt validation requests
- Continuing contact after receiving cease communication notice
- Making false or misleading statements about the debt
Under, the FDCPA, debt collectors cannot lie, harass, abuse or deceive you in any way when attempting to collect. They must operate within very strict boundaries – and face consequences if they don’t.
If, a debt collector has crossed those lines and violated your rights, you may be able to sue them in federal court for up to $1,000 in statutory damages, plus any actual damages like emotional distress or financial losses. The court can also force the collector to pay your attorney fees and legal costs.
At Spodek Law Group, we have a long track record of holding debt collectors accountable and getting maximum compensation for consumers under the FDCPA. Our skilled litigators know exactly how to build a strong case against these collectors.
We’ll gather all evidence of their violations, including:
- Call recordings and logs
- Copies of letters and emails
- Witness statements about their conduct
- Documentation of any false statements made
- Proof they ignored debt validation requests
We, leave no stone unturned in pursuing accountability. Even if the debt itself is legitimate, that doesn’t give collectors free rein to violate the law.
Our, consumer protection attorneys have taken on some of the biggest debt buyers and collection agencies and secured major settlements and verdicts, including:
- $349,000 against a junk debt buyer
- $285,000 against a large debt collection agency
- $200,000 against a bank for illegal robocalls
- $94,000 against a collector for ignoring cease communications
When, debt collectors violate your rights, we make them pay a heavy price. It’s the only way to force meaningful change in their abusive practices.
You, shouldn’t have to endure harassment, lies, or illegal collection tactics from anyone. If a debt collector has been giving you a hard time, let us review your situation and advise if you have a case.
Our, consumer protection team offers free, confidential consultations to go over the details and explain all your options, whether that’s:
- Sending debt validation and cease communication notices
- Negotiating to settle the debt for less
- Filing an FDCPA lawsuit against the collector
- Exploring bankruptcy to get a fresh start
No, one should have to put up with abusive debt collection practices. At Spodek Law Group, we fight to enforce your rights and don’t let unscrupulous collectors get away with breaking the law.
If, they’ve violated the FDCPA, we’ll take them on and pursue the maximum damages you’re entitled to under federal law. It’s how we make sure these collectors get the message loud and clear.
Don’t, let debt collectors walk all over you. We’re here to be your voice and get the harassment to stop once and for all. Contact us today to discuss your best strategy for resolving this debt once and for all.