SERVICING ALL OF MASSACHUSETTS
Debt Collection Defense
Have you been sued by a creditor or collections agency? You are not alone. Hundreds of Massachusetts citizens are sued on debts every week and very few defend themselves or fight back.
When a person receives notice that they are being sued by a large entity such as a creditor or a debt collector, they may feel unsure of where to turn. The number one mistake that most consumers make is that they do nothing. Fortunately, if you’re reading this, you’re in the right place. The Law Offices Of John J. Walsh is prepared to fight for you!
Obtaining representation will help reduce the stress and anxiety associated with litigation. It will also ensure that the fight is being taken to the collector’s counsel on your behalf instead of you simply being in response mode.
If you’ve been sued by a debt collector and aren’t sure what to do, call The Law Offices Of John J. Walsh to discuss your case and options during a free, no obligation consultation.
Debt Settlement
Many who become over extended or buried in debt believe that filing for bankruptcy is the only option. However, bankruptcy isn’t always the best option when dealing with overwhelming debts. An effective debt settlement plan can help slash your total debts by as much as 50-80%. In some cases, creditors may require a lump sum payment when agreeing to a heavy discount, and in many cases creditors are agreeable to both discounting the balance and accepting monthly payments. Because every case is different and there is no once size fits all solution, it’s important to learn and understand your options before making any major decision regarding your debts.
If you’re struggling to pay your debts, you may be wondering if you should hire a lawyer or a debt settlement company to help you negotiate with your creditors. In most cases, it’s best to avoid debt settlement companies altogether. Many debt settlement companies charge large up front fees and make promises they are unable to keep. Some debt settlement companies even masquerade as law firms, so like anything else in life, it’s important to do your homework when it comes to hiring professionals. But an experienced and well-reviewed attorney can save you thousands or even tens of thousands of dollars with debt settlement. The Law Offices Of John J. Walsh aggressively represent debtors and will seek the lowest possible settlements.
Fair Debt Collections Practices Act
Under the Fair Debt and Collection Practices Act (FDCPA), debt collectors are bound by many rules limiting how they can collect. Under the FDCPA, debt collectors can not legally
- Call you before 8am or after 9pm.
- Call you at work more than once.
- Call third parties (the only person debt collectors can contact on multiple occasions apart from you is your spouse if you have one) more than once to try to locate you.
- Tell anyone else (apart from your spouse) that the collector is trying to collect a debt from you.
- Contact you after you have written to the debt collector and asked them not to contact you.
- Tries and collect on a debt that is not valid.
- Debt collectors cannot lie to you or use deceptive methods in trying to collect a debt.
- Leave a message on an answering machine without saying that the collector is trying to collect a debt; he or she must leave his name and his company.
- Sue or even threaten to sue on a debt that you have not made a payment on for more than six years.
- Say or imply anything about arrest, going to jail, or the like.
- Threaten to sue you when the collector has no intention of doing so .
- Threaten to garnish your wages without explaining that first the creditor must file suit and get a judgment.
You may be entitled to damages if you can prove you that you suffered because of the illegal collection practices, such as lost wages and medical bills. Even if you are unable to prove that you suffered actual damages, the debt collector could be required to pay up to $1,000.00 for FDCPA violations as well reimbursement for your attorney’s fees and court costs.
Fair Credit Reporting Act
Your credit history is very important, it determines if you can get a mortgage, car loan, and credit cards and how much interest the lender will charge you. Having errors on your credit reports not only lowers your credit scores but also can cause you to incur thousands of dollars in additional interest costs.
f a credit bureaus refuses to remove erroneous or inaccurate credit items and accounts from your credit report you may have a claim for violation under the Fair Credit Reporting Act (FCRA).
The most common credit report errors are:
- Furnishing old information
- Furnishing and Reporting inaccurate or incomplete information
- Failing to follow dispute procedures