If you are a subject of debt collection lawsuit, the attorneys at Saeed & Little, LLP can review your file for a possible debt collection defense and counterclaim. Said Defenses and Counterclaims may result in reductions or forgiveness of debt. The following is a list of a few defenses and counterclaims are frequently used to fight off debt collectors:
1) Telephone Consumer Protection Act (TCPA): Debt Collectors and or Creditors may call cell-phone numbers in an attempt to collect debts. If such calls are made without consent of the debtor each call is a violation resulting in statutory damages between $500 to $1500 per call.
2) Fair Debt Collection Practices Act (FDCPA): Debt Collectors can often use illegal mean to collect debt. FDCPA protects consumers from such harassment and illegal means. Violations of FDCPA may result in $1000 statutory damages + actual damages + attorneys’ fees.
3) Standing. Debt collectors may not legally qualify as the rightful party to bring suit against the debtor. This often happens when a debt is sold to a debt collector who is later unable to prove the ownership of debt due to faulty paperwork.
Credit harassment attorney Syed Ali Saeed discusses “zombie debt” collection.
If you are the subject of a debt collection suit bankruptcy is not your only option. Call Saeed & Little, LLP to setup your free consultation. Contact us today for a consultation: 317.721.9214