Pembroke Pines Debt Defense Attorney

Pembroke Pines Debt Defense Lawyer

When you need debt relief, it is a very stressful situation. Debt is something that most people will have to deal with at some point in their lives and in fact, some debt can be good. For example, a student loan can help you further your career, and most people cannot purchase a home without the help of a mortgage loan. Still, there are times when debt can work against you. This is especially true when a Pembroke Pines debt collector or creditor takes legal action against you.

If you refuse to respond to any legal action taken by a creditor or debt collector, you are essentially forfeiting your right to defend yourself. The other party will likely ask the court for a default judgment, which allows them to win their case automatically. Fortunately, there are ways you can avoid this and that is by preparing a strong defense. Below, our Pembroke Pines debt defense attorney outlines some of the most common defenses used.

Violations of the Law

Debt collectors must follow very specific rules when trying to collect on a debt. The two main sets of laws are the federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA). The law enacted by the state is largely the same as the federal legislation, although there are some slight differences. Both sets of laws prohibit debt collectors from taking certain actions when collecting a debt. Additionally, both of these laws apply only to debt collection companies, and not original creditors.

Debt collection companies are prohibited from using harassing or threatening language or behavior when trying to collect a debt. They cannot use profanity, or threaten to file a lawsuit against you if they do not intend to do so. Debt collection representatives are also not allowed to fraudulently identify themselves as a lawyer or say they are affiliated with a law firm when that is untrue. Debt collectors also cannot call you at certain times, such as late at night or early in the morning.

Debt collection companies are fully aware of the laws that protect consumers but still, they do not always comply with them. When they violate the law, it can serve as a defense in your debt lawsuit. Additionally, you can also file a counter-suit against them. Through a counter-suit, you can pursue up to $1,000 in statutory damages, as well as any loss you suffered. You can also include your legal fees in your counter-suit. These lawsuits are complicated which is why you should contact our Pembroke Pines debt defense lawyers.

When you start falling behind in your payments, it can truly be a stressful and fearful situation. You may be facing foreclosure or repossession. You may be drowning in medical bills or facing a lawsuit. Or, maybe you are even dealing with wage garnishment.

Don’t let it go that far without weighing out all of your options. There are many different avenues you can consider before having to give up the rights to your home, property, or possessions. At Loan Lawyers, our team of experienced debt attorneys in Pembroke Pines is ready to help you get back on your feet financially.

Because it can be so costly and time-consuming for creditors and lenders to move forward with a court filing for foreclosure or other collection actions, they are often willing to negotiate the terms of your payment plan. Our debt relief lawyers in Pembroke Pines have a proven track record of successfully negotiating with lenders on behalf of our clients. We have a wealth of knowledge and experience that allows us to negotiate the terms of your loan so that you can start paying off your bills much easier and on your terms.

Lack of Legal Standing

Debt collection lawsuits can be filed in Small Claims Court, County Court, or Circuit Court. All of these local courthouses require that people and companies have legal standing, or grounds, to file a lawsuit.

Many people assume that when they receive notice of a lawsuit, it automatically means the party has legal standing to take legal action. However, this is not always the case. Once a debt collection company has filed a debt lawsuit against you, the debt has likely changed hands many different times. Debt collection companies often bundle accounts and sell them to other companies for pennies on the dollar to ensure they receive at least a portion of the debt you owe.

Once an account is sold, it means the debt collection company that sold it does not have legal standing to file a lawsuit. They no longer own the debt and so, there is nothing owed to them and they do not have proper grounds. One of the first courses of action is often to ask the company to prove that they own the debt. If they cannot do this, it can serve as your defense and you may win your case before it even really starts.

By failing to respond to the lawsuit, you are forfeiting your right to force the company to prove that they own the debt. Even if you do not respond and the company asks for a summary judgment, the judge will likely not ask them to prove that they have legal standing. In this instance, even if the company never had the right to sue you, they may still win their case.

Pembroke Pines Debt Collection Lawsuits are Governed by a Statute of Limitations

As with most other legal matters, debt collection lawsuits are governed by a statute of limitations. The statute of limitations is essentially a time limit and once it expires, debt collection companies no longer have the right to take any legal action against you. In Florida, debt collection companies have only five years to file a lawsuit against you for unpaid debt. If they do not file within this time, they lose their legal standing, or right, to take legal action against you. Although the law seems fairly straightforward, it is not.

One of the most complex aspects of the statute of limitations is determining when the clock starts ticking on it. For example, when you initially took out the loan or credit card, the date you were approved will start the clock on the statute of limitations. However, any time you make a payment, it will restart the clock on the statute of limitations. When many people receive notification that a lawsuit has been filed against them, they often quickly make a payment in the hopes that the debt collection company will drop the lawsuit. Most of the time, that is not enough. The company will proceed with the legal action and you may have just forfeited a defense by restarting the clock on the statute of limitations. Call our debt defense lawyers to help get you back on your feet.

What Can A Pembroke Pines Debt Attorney Do?

When negotiating with lenders, it can become quite complicated for the average person. They often have full teams behind them that are doing their research to make sure the lender gets the best possible outcome that benefits them. In many cases, the best deal for your lenders is not the best deal for you. This is where having an expert debt relief lawyer on your side will bring you an advantage. Our Pembroke Pines debt relief lawyers will look into all of the different options that will benefit your overall financial situation.

For example, we will negotiate the interest rates, the monthly payment amount, an extended timeline of repayments, a temporary pause in payments, reducing the loan’s full amount, eliminating any late fees or penalties, and much, much more.

While you are fully able to reach out to your creditor on your own to try and come to a mutual agreement, you may not know the best course of action to take. You also are not as experienced as the team of attorneys and analysts that your creditor has worked for. The last thing you want is to land yourself in even more debt than when you started the process.

Know Your Rights with Debt Collectors in Pembroke Pines

Even if you fall behind on your credit card payments or default on your debts, you still have rights. You are entitled to be treated with dignity and respect when you are contacted by creditors or debt collectors.

Unfortunately, too many debt collection firms engage in abusive, harassing, deceptive, and downright unlawful tactics in trying to collect money from people who are at a financially vulnerable point in their lives. However, state and federal laws provide protections and rights in dealing with creditors and debt collectors and also allow consumers to seek damages when unscrupulous debt companies think themselves above the law. Our debt defense lawyers can help you.

The Florida laws surrounding debt collection include:

• Fair Debt Collection Practices Act – This law prohibits various types of abusive and deceptive conduct by debt collectors, including putting limits on when and how they may contact a consumer, prohibiting the use of misrepresentations about a debt, threatening arrest or legal action, using abusive or profane language, or discussing a person’s debts with someone other than the person’s spouse or attorney. The law also gives consumers various rights, including the right to have the original creditor identified, to obtain verification of the debt, and to dispute the debt.
• Florida Consumer Collection Practices Act — Unlike the FDCPA, this state applies to original creditors in addition to debt collectors. The FCCPA prohibits certain activities by collectors or creditors, such as communicating with a third party (such as a neighbor or employer) regarding a debt, reporting a debt you have disputed to a credit bureau without disclosing the fact that you dispute the debt, or attempting to collect on an illegitimate or expired debt.

Debt Buyers and Debt Defense Law Firms in Pembroke Pines

Loan Lawyers has a proven track record of success in defending our clients against the efforts of various debt buyers and debt collection law firms. Some of the companies and firms our debt defense lawyers have extensive experience in winning against include:

Debt buyers that may have contacted you:

Debt Collection Law Firms:

If you have been contacted by any of the above debt buyers or debt collection law firms, or have been subject to harassment from any other company, let our total debt defense solution firm help you seek a substantial reduction of your debts if not eliminate them. Our experienced Pembroke Pines debt collection lawyers take the stress off your hands and review your situation for free.

How Can a Pembroke Pines Debt Collection Defense Attorney Help

The aggressive Fort Lauderdale debt defense lawyer at Loan Lawyers has the experience and knowledge to successfully defend you against credit card companies and debt collectors.

When you retain Loan Lawyers to defend you, some of the debt collection defense strategies include:

• Dismissing the credit card company’s or debt collection firm’s lawsuit against you
• Obtaining a judgment in your favor in the credit card company’s or debt collection firm’s case against you
• Recovering money from the credit card company or debt collection agency, even if you initially owe money on a debt.

Our proven legal team of credit harassment lawyers wants to help you fight against the credit card companies, debt collection agencies, and the Pembroke Pines debt collection defense attorneys that represent them. As a result, we offer very affordable flat-fee rates and payment plans, so that you can get the legal representation you need even in a time of financial difficulty. Our experienced debt defense attorney may be able to handle your case on a contingency basis which means you do not have to pay any fees or costs unless we win your case.

Our Pembroke Pines Debt Defense Attorneys Can Answer Your Questions

If a debt collection company has taken legal action, you likely have many questions. At Loan Lawyers, our Pembroke Pines debt defense attorneys can answer them and advise on the defenses available in your case that can give you the best chance of success with your case. Call our Florida bankruptcy attorney now at (954) 523-4357 or fill out our online form to schedule a free review of your case with one of our skilled attorneys.

Reviews of Our Debt Defense Lawyers in Pembroke Pines, FL

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By Michael Loudin, read more of our 309+ reviews on Google.

“Just wanted to say thank you to Ashton Rooks, Ruth Grauuw who done an awesome job in helping me save my home. If you need help with a home foreclosure please give Loan Lawyers a call. Thanks again Ashton and Ruth for all your help.”