DEBT ELIMINATION

The idea of “Debt Elimination” has gained widespread popularity lately with promises of the total disappearance of credit card debt. Obviously this sounds too good to be true. So do you send some letters out to creditors and they just go away?

Well, it’s not going to happen (nice try though). The credit card companies may stop collection actions temporarily after receiving a “cease communication” letter from a consumer, but at some point they will sue. No debt settlement company will be able to represent you in court when that happens; they throw you out there to make ridiculous arguments about money not really existing on your own. Eventually creditors will sue and get judgments, which is much worse than dealing with the problem in a straight forward manner.

If you need legal advice on Debt Elimination, fill out our application online and we will get in contact as soon as possible so you can start to rebuild your credit.

The good news…there are actions a consumer can take to strongly improve their position if litigation does occur. We will take action on your behalf and represent you in any subsequent California credit card lawsuit. This area of law has become somewhat specialized and we have the experience to give you the best chance of winning against the credit card companies. It is not appropriate to discuss specific strategies publicly, but if you would like a free Debt Elimination consultation please fill out our application.

If you’ve already been sued, we would also be happy to discuss defending you in any California lawsuit involving creditors…especially credit card companies. Keep in mind, litigation is messy and expensive. Bankruptcy is often a much cleaner and less expensive option, but a Debt Elimination plan is now available through our firm.

CREDITOR HARASSMENT LAW AND UNETHICAL DEBT COLLECTION PRACTICES

The Federal Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. The law is designed to protect consumers from the use of abusive, deceptive and unfair debt collection practices.

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they usually may not contact you again. Although such a letter, sent certified mail, will stop debt collection harassment, it does not prohibit the collection agency or original creditor from suing. However, if you have been sued by a debt collection, we can defend you.

If you could benefit from the creditor harassment law, contact a Lawyer familiar with creditor harassment law today to advise you of your rights!

If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

DEBT COLLECTION PRACTICES THAT ARE PROHIBITED

Harassment

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. They may not use threats of violence or harm, publish a list of consumers who refuse to pay their debts (except to a credit bureau), use obscene or profane language or repeatedly use the telephone to annoy someone.

False Statements

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not give false credit information about you to anyone, including a credit bureau, send you anything that looks like an official document from a court or government agency when it is not or use a false name.

Unfair Practices

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not collect any amount greater than your debt unless your state law permits such a charge, deposit a post-dated check prematurely, use deception to make you accept collect calls or pay for telegrams.

You have the right to sue a collector in a state or federal court within one year (in most cases) from the date the law was violated.

If you could benefit from the creditor harassment law, contact a Lawyer familiar with creditor harassment law today to advise you of your rights!

We will be happy to discuss the options of suing creditors for debt collection abuses under the Fair Debt Collection Practices Act or the Truth in Lending Act (if applicable). We also provide clients with sample letters to send out to creditors.

Hiring a Bankruptcy Attorney can STOP Creditor Harassment

As most people already know, collection agencies can be very aggressive and will resort to just about anything to get money from you. This includes calling continuously, writing nasty letters, making threats, harassment, and a variety of other scare tactics. Living with the dark cloud of debt hanging over you can be overwhelming, but please know relief is available right now. You can un-burden yourself and live free again by contacting our office right away. In the meantime, simply tell creditors you are in the process of retaining a bankruptcy attorney and ask them to call back for that information in one week.

Are you a victim of creditor harassment? Fill out our application and we will get in contact with you.

UNSECURED DEBT

Unsecured debt includes any debt not linked to an asset. Money freely lent to you based only on your promise to repay it is unsecured. Types of debts that typically fall under the unsecured category are credit cards not secured by property (most credit cards are unsecured), medical bills, repossession deficiencies, foreclosure deficiencies, signature loans, and any other type of standard consumer credit line.

If you need help, please fill out our application online and start rebuilding your credit!

Although most retail store cards are unsecured, just because you have a plastic card from the store doesn't automatically make the debt unsecured. One thing to keep in mind, the contract with your creditor determines whether the debt is secured or unsecured, sometimes a debt that appears to be unsecured may actually be linked to some property if the consumer has more than one loan with the same bank through a concept called "cross-collateralization." For example you may have a home mortgage with Wells Fargo Bank, this is clearly a secured debt with your home as the collateral. When Wells Fargo Bank later sends you a credit card application and you take them up on their offer, you may be in a cross-collateralization situation because the new credit card may be tied to the mortgage you already have with the bank.

Let us tell you how you can benefit from the Fair Credit Billing Act as a consumer today. We will be gladly to represent you and guide you to accomplish your financial goals.

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