Bayside Management Group Debt Defense

Bayside Management Group is a third-party debt collection company. The company buys bundles of consumer accounts from creditors and lenders for pennies on the dollar. They then try to collect on the debt and have the right to keep anything they collect as their profit.

Bayside Management Group, and other debt collection companies like them, do not always act fairly when they are trying to collect from consumers. Even though many state and federal laws protect borrowers, collection agencies still violate their rights. If Bayside Management Group has contacted you or has threatened to file a lawsuit against you, it is time to speak to a Fort Lauderdale debt defense lawyer.

Challenge Bayside’s Right to Sue

To file a lawsuit against you, Bayside Management Group must have valid legal grounds to do so. This means they have something to win or lose by taking the case to court. To challenge Bayside’s right to sue, you must force them to prove that they own the debt. It is not uncommon for people to assume that debt collection companies own the debt, even though this is often not true.

The accounts of borrowers often change hands many times. A debt collection agency will purchase a bundle of accounts from a creditor or lender. They may then sell it to another debt collection company in the future, which then sells it to a third company. As the accounts change hands so many times, important documentation that proves a certain company owns the debt becomes lost or destroyed.

If Bayside Management Group cannot produce the documents that prove that they own the debt, they do not have the legal standing to file a lawsuit against you. This defense is enough to get your case dismissed.

Force Bayside to Validate the Debt

Forcing Bayside to validate the debt is different from challenging their right to sue you. Under the law, debt collection agencies must send you a debt validation letter within five days of initially contacting you. A debt validation letter should include very specific information, including:

• The amount of debt you owe
• The name of the original creditor or lender who is asking for payment
• The details associated with the debt account
• An option to dispute the debt within 30 days of receiving the letter, along with a method for resolving the dispute
• An opportunity to ask for more details regarding the original creditor or lender
• A statement acknowledging that the debt collector will supply verification if you dispute the debt

Regardless of the law, many debt collection agencies do not comply with it. This is not only illegal, but it also violates the rights of borrowers. Forcing Bayside to validate the debt not only proves that you owe the debt, but it also proves that any communication you received is not a scammer trying to take advantage of you.

The Statute of Limitations

As with all other states, Florida places a statute of limitations on debt collectors. This ensures that debt collectors cannot contact you many years after you incurred the debt. Most debt involves a written contract and so, this means that debt collectors such as Bayside have only five years to file a lawsuit against you.

When it comes to debt, the statute of limitations can work a little differently than in other types of cases. While it may seem as though the statute of limitations starts on the date you took on the debt, that is not usually the case. Every time you make a debt payment, it can restart the statute of limitations. So, if you made a payment two months ago, Bayside would have just under five years to file a lawsuit against you.

However, if more than five years have passed since you made a payment on the debt, the statute of limitations has expired. This means that Bayside does not have the right to file a lawsuit against you.

Violations of the Fair Debt Collection Practices Act (FDCPA)

Many laws prohibit debt collectors from taking certain actions when trying to collect a debt. The Fair Debt Collection Practices Act (FDCPA) is one of the main laws that govern debt collection. The FDCPA only applies to third-party debt collection companies and not original creditors or lenders. Bayside Management Group is such a company and as such, they are prohibited from taking the following actions:

• Threatening to take legal action when they do not intend to
• Making violent threats
• Calling friends or family members and talking to them about the debt
• Using obscene or profane language
• Trying to call you at work when you have asked them not to
• Threatening to garnish your wages
• Misrepresenting their identity
• Contacting you before 8:00 am or after 9:00 pm
• Contacting you directly when they know you are represented by an attorney
• Calling you repeatedly

While the law does prohibit debt collection companies from taking the above actions, agencies such as Bayside Management Group do not always comply. When that is the case, the law provides you with a way to hold them accountable. If Bayside has violated your rights, you can file a countersuit against them.

In your suit, you can pursue any damages or losses you suffered as a result of their illegal tactics. For example, if you were fired from your job because the company constantly called you at work, you can sue for the lost income. You can also pursue your attorney’s fees in your case as well as up to $1,000 in statutory damages.

Our Debt Defense Lawyers in Fort Lauderdale Can Advise You of Your Legal Options

If Bayside Management Group has contacted you about a debt, you may have legal options. At Loan Lawyers, our Fort Lauderdale debt defense lawyers can advise you on what those are and give you the best chance of success with your case. Call us now at (954) 523-4357 or contact us online to schedule a free review of your case and to get more information.