How do I win a debt collection
law suit winning a debt collection law just lawsuit depends largely on record keeping
and what type of Records you keep depends on what type of lawsuit you’re going to
file normally a lawyer will determine what type of lawsuit you’re going to file.
However you as the consumer will be able to tell what type of records to keep based
on what’s happening to you. So for example, if you’re receiving debt collection
calls on your cellphone, there’s a federal statute that prevents these types of
calls. Unless of course you gave the collector or the creditor consent to call you.
Now that doesn’t mean that they can call you non-stop.
Stopping The Collector From Calling You
If you as the consumer want
the collector to stop calling you can tell them to stop and the type of record you’re
going to keep in that instance is the date and time and the individual from whom
you revoke consent. So you’re going to write down. I told Mary from collector ABC
to stop calling me on January 1st 2017 then if the collector continues to call you
you’re going to keep Record of each subsequent time that they call you January 1st
Mary from collector ABC called me. January 2nd Mary from collector ABC called me
again and so on and so forth. This will allow your lawyer to put together a proper
TCPA lawsuit and sue the debt collector and possibly even the original creditor
now if there’s a specific problem with a debt collection letter or notice that you’re
receiving this might fall under the FDCPA.
The type of records you are going to keep there is of course any document that the collector sends you and any documents that you send the collector. So if you send a letter to the debt collector saying please stop sending me this letters or show me validation of these debts. You’re going to want to keep correspondence such as that now if the debt collection correspondence doesn’t have specific language. Now you as the consumer are entitled to know specific things about your debt, you’re entitled to know where it came from who it’s owed to and how long you’ve had the debt for if the debt collection agency doesn’t give you that information. Nation upon request you as the consumer have a debt collection law suit, you’re going to want to keep any and all correspondence that you believe is wrong. Very simple anything that you believe shows your potential attorney that something was wrong.
Now Florida has an additional statute called the Florida Consumer Collection Practices Act that adds on to the federal statute. We just discussed that does not apply only to debt collectors. It applies to the original creditor. Now that’s fancy word for somebody who you transact business with. So if you go to a hospital and you have a medical debt, that’s the original creditor’s debt, if the hospital sends you a collection letter that you don’t believe you owe or if they bill you instead of building your insurance or bill you in a circumstance where the law prevents them from doing. So you’re going to want to keep documentation that shows your lawyer what they did wrong. This is going to allow your lawyer again to compile the data analyze the information and file a debt collection law suit,
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