Debt Collection Defense & Harassment Attorney
Are you facing a debt collection lawsuit from a company that you have never heard of who is claiming to be the assignee of a credit card company?
If so, you may be facing a third-party debt collector or a junk debt buyer. It is important for you to understand that your action or inaction can have a serious impact on the outcome of your lawsuit.
Hurt Stolz, P.C. has successfully defended dozens of these cases on behalf of our clients.
Hurt Stolz, P.C. has also filed numerous lawsuits and counterclaims on behalf of consumers who have experienced abusive debt collection practices in violation of Federal laws including the Fair Debt Collection Practices Act (FDCPA) and violations of the Georgia Fair Business Practices Act (GFBPA).
We protect consumers sued by these third-party debt collectors and junk debt buyers including Midland Funding, Portfolio Recovery Associates, LVNV Funding, Gemini Capital, Equitable Ascent, Asset Acceptance, CACH LLC, Calvary Portfolio, Arrow Financial and the list keeps growing.
We are not a bankruptcy firm. We are not negotiators of “settlements” with the debt collector on your behalf. We defend consumers, like you, who face lawsuits filed by the third-party debt collectors. We stop the abusive phone calls and the seemingly endless barrage of demanding letters. We hold the debt collectors responsible for their actions.
If you are a victim of unlawful debt collection practices, Hurt Stolz, P.C. can protect your rights. In Georgia, consumer protection statutes are in place to protect debtors from unlawful collection practices and illegally filed lawsuits. Collection agencies can be very aggressive and will harass debtors when trying to collect debts. Consumer protection laws in Georgia may allow for the recovery of damages when collection agencies engage in unlawful practices. The federal government passed the Fair Debt Collection Practices Act (FDCPA) in order to decrease unlawful debt collection practices. Unfortunately, many collection agencies continue to hound debtors in violation of the FDCPA. Being sued by a debt collector can be very stressful, but there are legal steps you can take to protect your rights. We are also often able to resolve the matter for significantly less than the original debt.
Under the Fair Debt Collection Practices Act, a debt collector MUST:
- Identify who they are and advise the consumer at each and every communication that the communication is coming from a debt collector. In the first communication, the collector must also inform the consumer that any information obtained will be used for purposes of debt collection.
- Send written correspondence to the consumer’s home address within 5 days of the first communication identifying who they are, who they are collecting on behalf of, and the balance owed. In addition, the correspondence must advise the consumer that they have the right to dispute the debt and have 30 days to demand that the debt collector validate the debt.
- If the consumer seeks the validation, then the collector must discontinue all attempts to collect the debt until such time as the debt collector provides verification.
- In the event of obtaining a post-dated payment instrument, provide written notice of the intent to deposit the post-dated instrument. – need explanation of what this is. If I don’t know, the gen pop won’t either.
Under the Fair Debt Collection Practices Act, a debt collector CANNOT:
- Call before 8:00 a.m. or after 9:00 p.m. or at any time that the debt collector has been given notice that it is inconvenient to call
- Tell other people (friends, family, neighbors) about the fact that a debt is owed
- Call the consumer’s place of employment if they have been advised that calls cannot be accepted at work
- Use any profane language or any language that is harassing and abusive
- Engage in any conduct, the natural consequence of which is to harass, abuse or oppress
- Make any misrepresentations of fact, such as how much is owed, or certain actions they may take to force payment
- Threaten arrest or criminal prosecution
- Send false information to the credit bureaus
- Cause a telephone to ring an unreasonable amount of times
If a debt collector has engaged in any of the above conduct that is not allowed by the FDCPA statute of limitations or has been deceptive to you in any other way, contact our office for a free case review.
What can you recover under the Fair Debt Collection Practices Act?
- Make the collectors stop contacting you
- Recover any actual damages suffered, and/or a statutory damage of up to $1,000
- Attorneys fees and court costs.