Are You Being Called by Zakeim & Associates, P.A.?

Being called by debt collectors is always stressful. When they call repeatedly, you may even become angry and frustrated. Debt collectors, and the law firms that represent them, are not allowed to contact you to a point where it is considered harassment. That does not mean it does not happen, though. Thousands of complaints are filed with the Federal Trade Commission every year regarding harassing debt collection tactics.

If you have been concerted by Zakeim & Associates, P.A., and feel as though you are being harassed, it is important to know that you have legal options. Below, our Fort Lauderdale debt defense lawyer explains what those are.

Who is Zakheim & Associates, P.A.?

Zakheim & Associates, P.A. is a law firm that has recently changed its name to the Zakheim Law Group. The practice is located in Plantation, Florida where it was established in 1988. Scott C. Zakheim is the managing partner and the firm employs approximately 93 workers. The phone numbers Zakheim & Associates, P.A. uses are 1-800-531-5490 and 1-954-735-4455. If you see either of these numbers on your call display, Zakheim & Associates, P.A. is likely calling you to try and collect on a debt.

If you do not want to speak to the law firm and they leave a message, they must properly identify themselves. If they do not, or if the person on the phone violates the law, you must speak to a Florida bankruptcy attorney who can protect your rights.

You Have Rights Under the Fair Debt Collection Practices Act (FDCPA)

All consumers in Florida, and throughout the rest of the country, are protected by the Fair Debt Collection Practices Act (FDCPA). Under this federal Act, third-party debt collection companies, and the law firms such as Zakeim & Associates, P.A. that represent them, cannot engage in bullying or harassing tactics. Some of the unlawful tactics these companies engage in are as follows:

● Using abusive or profane language when talking to you

● Failing to prove they have the authority to collect on a specific debt or verify the debt when you ask

● Threatening to garnish your wages or seize your property when they have no intention of doing so

● Threatening to have you arrested if you do not pay the debt

● Calling before 8:00 in the morning or after 9:00 at night, according to the time zone in which you reside

● Reporting incorrect information to the credit reporting agencies maliciously

● Misrepresenting themselves as a member of law enforcement or as lawyers

Zakheim & Associates, P.A. has violated the above provisions of the FDCPA repeatedly. If they have tried any of the above tactics on you, now is the time to speak to a Fort Lauderdale bankruptcy attorney.

The Case Against Zakheim & Associates, P.A.

Many complaints have been filed against Zakheim & Associates, P.A. but there is one that is fairly notorious. The complaint can be found on the Public Access to Court Electronic Records (PACER) and it came from Robert Waite, a resident in Florida, after he stated that Zakheim & Associates, P.A. started harassing him in approximately 2009. The company left many messages for Waite, asking him to call their toll-free phone number.

The person calling never identified themselves as a debt collector in the messages. Waite also alleged that the company never sent him a letter validating the debt. Wait filed a lawsuit against the law firm, accusing them of several violations of the FDCPA. The violations Waite cited in his case were as follows:

● Harassing him when they contacted him by phone

● Failing to identify themselves as a debt collector each time they phoned

● Threatening legal action that could not be taken

● Using deceptive, misleading, and false means to collect on a debt

● Failing to properly verify the debt when asked

Waite won his lawsuit and the matter was settled out of court.

Holding Zakheim & Associates, P.A. Accountable for Violations of the FDCPA

Understanding that Zakheim & Associates, P.A. has violated the law is an important first step in protecting your rights. Then, it is important to speak to a Florida debt defense lawyer who can help you take the appropriate legal action.

Under the FDCPA, if a debt collector or law firm representing a debt collector has violated the law, you can file a lawsuit against them. Within your lawsuit, you can claim any actual damages you have suffered. For example, if Zakheim & Associates, P.A. has contacted you at work after you have asked them not to, and your employer reduced your hours as a result, you can claim the lost income within your lawsuit against the law firm. You can also claim your legal fees and up to $1,000 in statutory damages.

The Florida Consumer Collection Practices Act (FCCPA) is a state law that largely mirrors the FDCPA. Anytime Zakheim & Associates, P.A. has violated the FCCPA, you can also file a lawsuit to pursue damages. Unlike the FDCPA, you can also claim punitive damages under the FCCPA. Punitive damages are not meant to compensate you for your losses. Instead, they are meant to punish the

debt collector for behavior that is particularly egregious and malicious. For example, if a debt collector threatened to have you arrested, when that is not possible under the law, a court may find that behavior to be particularly egregious and may award you punitive damages.

Our Debt Defense Lawyers in Florida Will Protect Your Rights

Just because Zakheim & Associates, P.A. is calling you does not mean that you will face legal action. However, you must act quickly and call our Florida debt defense lawyers today. At Loan Lawyers, our attorneys have helped thousands of people defend against debt collection lawsuits, and we will put that experience to work for you. Call us now at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help with your case.