Securing Debt Collection Defense in Florida
Is a creditor suing you to collect money owed? If you have already been served with a debt collection suit, it is imperative to take action immediately. A local Miami debt collection attorney will represent you in court, defending against collection lawsuits. Knowledgeable legal representation can easily control negative situations with creditors, providing collections relief for the individual.
How Will Hiring a Miami Debt Collection Attorney Help Me?
Once a debt collection attorney has been hired, the collection agents will be notified that future communication must be made strictly through your legal representation. Meaning that the harassing phone calls, letters, and emails regarding the money owed will stop.
Your collections attorney will also work to identify whether any consumer rights were previously violated. For example, Florida debt collection law permits creditors to sell or transfer debts, allowing the new owner of the account to sue for collection. However, under the Florida Consumer Collection Practices Act (FCCPA) the purchaser of the debt must provide the consumer with 30 days notice of the transfer before attempting to recover the money owed. The collections attorney will verify whether or not the new purchaser provided adequate notice to the individual.
Additionally, the practice of transferring accounts can lead to a lack of proper documentation for proof of debt. An experienced Florida debt collections lawyer will require the collector to provide proof of the arrears in accordance to state law. Without the proper paperwork, the collections agency lacks evidence to carry out a lawsuit against the consumer.
Depending on the unique circumstances of debt collection defense each case, additional options may be available, such as negotiating a reduced payment or settling outside of court. In the event that the case does go to court, a knowledgeable debt collection attorney will protect your rights while providing support during this difficult time.
Consulting with a Miami Debt Collection Attorney
A consultation with a Miami collections attorney will ensure that you are informed of your legal rights. During this meeting your debt collection defense lawyer will collect information about the debts and will advise on the options available to you.
It is imperative that a lawsuit for collecting money owed not be ignored. If the court date happens without action being taken, the creditor could be granted a judgment allowing for a forced bank levy or garnished wages, leaving the debtor in an extremely vulnerable position.
Contact Graham Legal, P.A. today. We are here to represent the rights of consumers and to help our clients get back on their feet. Contact our legal team today.