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Consumer Debt
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Civil and Criminal Litigation Attorneys

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Consumer Debt

The term consumer debt means debt incurred by an individual primarily for a personal, family, or household purpose. (11 USCS § 101). The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA does not cover debts you incurred to run a business.

If you are being sued by a creditor or collections firm, it is important that you know your rights and responsibilities. First, ensure that you respond to the lawsuit, either personally or through your attorney, by the date specified in the court papers, to preserve your rights. If a debtor ignores the lawsuit, the creditor will get a judgment against the debtor, which will in turn provide the creditor with additional powers to collect the debt, such as seizing bank accounts. If you know you owe the debt and believe the amount is correct, there are several options, such as negotiating settlement offers or payment arrangements with the creditor Plaintiffs. In the alternative, if you believe there is some sort of mistake and you do not owe the amount they are attempting to collect, you can request proof outlining the outstanding amount. Most collections departments frequently add on fees, penalties, and interest, which do not belong there. If the credit card company cannot verify the proper amount of the debt, then it can only credit-report the amounts which it can verify—usually the principal plus interest—at the time of default.

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you are wondering why you would want to hire an attorney, please consider the following advantages:

1. We put an end to all your collection calls.
2. We can help you in reducing your outstanding balances.
3. We can develop a comprehensive and affordable repayment plan.
4. We provide professional assistance all throughout the legal process.
5. We can save you substantial money by negotiating settlement offers with opposing counsel.
6. In most cases you will not even have to go to court, for we are able to reach settlement agreements or repayment plans before your hearing date.
7. We ensure that listings are removed from your credit reports.
8. We can keep you away from the ill effects of bankruptcy.

If nothing else works, we the go to trial and force them to prove every element of your consumer debt case.