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If Hayt, Hayt & Landau contacted you about a debt, you may wonder who they are and why they’re reaching out. They are a legitimate debt collection law firm based in New Jersey, Pennsylvania, and Miami, Florida. While these are their main offices, they sue borrowers nationwide, including in Fort Lauderdale.
However, not all lawsuits they file are valid. They may violate the law or rely on incorrect information from creditors. If so, you could have a defense. A Fort Lauderdale debt defense lawyer can help build a strong case to improve your chances of success.
Who Is Hayt, Hayt & Landau? Is It a Legitimate Company?
Hayt, Hayt & Landau is a legitimate law firm. According to their page on the Better Business Bureau (BBB), the company has been in business since 1929 and became incorporated in 2003. The law firm has not been accredited by the BBB, but it did receive a rating of “A“ from the organization.
The good rating is a clear indication that the law firm is legitimate and not a scam. This does not mean though, that they always comply with the law or use unfair tactics when trying to collect on a debt for their clients. The law firm’s website states that they maintain a strict level of compliance with state and federal laws when trying to collect on debt but unfortunately, that is not always the case.
Still, even if you believe Hayt, Hayt & Landau have violated the law, you mustn’t ignore the lawsuit. Doing so will not prevent the firm from taking legal action against you and it could end up hurting you much more in the end.
Who Does Hayt, Hayt & Landau Represent?
Hayt, Hayt & Landau represent many different creditors throughout the United States. According to their website, the offices in New Jersey and Pennsylvania represent mid-market companies and corporate enterprises. In Florida, the website is a bit more specific and states that most of the clients the firm represents are financial and banking institutions, meaning that these lawsuits largely revolve around credit issued by those companies.
The law firm represents many different clients and tries to collect on many different types of debt. As such, if you have been contacted by the company, you must ask the law firm to verify the exact debt they are trying to collect.
Does Hayt, Hayt & Landau Comply with the Law?
Despite what their website says, there have been instances in which Hayt, Hayt & Landau have not complied with the law. Several laws have been put in place to protect borrowers from unfair collection tactics. While these laws do specifically state that they apply to debt collectors, courts across the country have determined these laws also apply to law firms and other entities that are focused on consumer debt collection for their clients.
The laws most applicable to debt collection include the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Consumer Financial Protection Act. Under these laws, debt collectors are prohibited from the following practices:
- Calling borrowers multiple times per week
- Calling borrowers very early in the morning or very late at night
- Calling borrowers at work
- Calling friends, family members, neighbors, or coworkers regarding a borrower’s debt
- Threatening borrowers with a lawsuit, arrest, or violence
- Attempting to collect more than a debtor owes
- Threatening negative credit reporting
- Trying to intimidate borrowers
- Making criminal accusations against borrowers
- Using obscene language against borrowers
- Using automated robocalls when trying to collect on a debt
Any time Hayt, Hayt & Landau, or anyone else violates the law, borrowers can file a lawsuit against them. Under the law, borrowers can file a lawsuit against debt collectors, and those who work for them, any time they break the law. Under the law, borrowers who have been the victim of these violations can recover any of their actual losses and up to $1,000 in statutory damages.
How To Win a Lawsuit from Hayt, Hayt & Landau
It is natural to panic after receiving notification that Hayt, Hayt & Landau has filed a debt collection lawsuit against you. However, it is important to stay calm so you can take the necessary steps. The most important of these are as follows:
1. Respond
Depending on the court in which your case will be heard, it is imperative that you either attend the case management conference (small claims court) or respond to the lawsuit within 20 days (county or circuit court).
2. Review the records
The records of debt collectors are not always accurate and if that is the case, the records of Hayt, Hayt & Landau may also be inaccurate. Review the papers you receive to ensure they are correct.
3. Consider available defenses
There are many defenses to debt collection lawsuits and it is important to review those with a Fort Lauderdale debt defense lawyer. You may also be able to file bankruptcy to avoid further debt collection.
4. Negotiate
If you cannot hire a Fort Lauderdale bankruptcy lawyer or defend the lawsuit, you may be able to negotiate a debt settlement for a lower amount than what is still owed on the debt. If you do reach a settlement agreement, it is important to get it in writing.
Our Debt Defense Lawyers in Fort Lauderdale Can Help with Your Lawsuit
If you have been notified of a lawsuit filed against you by Hayt, Hayt & Landau, our Florida bankruptcy lawyer can assist with your case. At Loan Lawyers, we know the best defenses available in these cases and we can also help you remove the debt from your credit report. Call us today at (954) 523-4357 or contact us online to schedule a free case review and to learn more.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
