New York City Debt Collection Defense Attorney
Collection Defense Protects Consumer Rights
In today's rough economy, one business remains very busy, and that is debt collection. Debt collectors are unsympathetic to the difficulties that many consumers are having, with job losses and unprecedented home foreclosures among other financial problems. In fact, some of them even seem to enjoy bullying and frightening people as they take their efforts up a notch to get money out of empty wallets.
Did you know that unscrupulous debt collectors may actually be violating collection laws that were set up to protect the rights of consumers like you, and that you may have a lawsuit against them if they are practicing illegal collection practices? If you are a consumer who avoids answering your telephone and rarely opens your mail due to the barrage of communiqués from debt collection agencies, the place to start looking for relief is Law Office of Abel L. Pierre, Attorney at Law, P.C. We urge you to contact an NYC debt collection defense lawyer at our firm today to learn about our defense strategies and how we may be able to help you assert your rights, stop bad debt collectors and take charge of your financial life again.
Debt Collection Lawyer in New York City
The federal government and the state of New York protect consumers through federal and state laws and it is our job as debt collection defense attorneys to vigorously defend your rights under these laws. We believe that you have the right to be treated with dignity and respect even if you owe creditors money, and will dedicate our efforts towards ensuring that you are treated fairly. Our attorneys, with a broad range of experience, offer legal services to cover a wide range of debt collection issues, including:
Proper Lawsuit Notification
New York state law dictates the specific conditions under which debt collectors or their representatives, sometimes called process servers, must properly serve a consumer with a summons to appear in court. When process servers break the law and provide "sewer service" in order to create a situation in which a judge issues a default judgment, they must be held accountable.
Know Your Rights
As consumers, we all have rights under federal and state laws that protect us from unfair creditor practices. If you have been harassed by a debt collector or received a default judgment and were never served with proper notice of the lawsuit, or have been unfairly treated as a consumer in other ways, you may be the victim of rights violations.
Debt Collection Harassment
Harassment by debt collectors can take many forms, from calling your home late at night or in the early morning, to making insulting comments, to contacting third parties such as relatives or employers, to misrepresenting themselves. It is all part of unfair debt collection practices that are illegal and that need to be stopped.
Credit Report Errors
Have you had trouble getting a loan due to your erroneous report and lowered credit score? Are you emotionally stressed or have suffered a financial hardship due to the mistakes? The Fair Credit Reporting Act (FCRA) protects all of us from credit report errors that creditors and credit report agencies refuse to correct.
At Law Office of Abel L. Pierre, P.C. we have represented workers for the past decade who are not getting paid for their overtime work. We have extensive experience in collecting workers' unpaid overtime for them in both state and federal court and if you have questions about your employer's practices on this issue, please contact us today so that we can start fighting for you!
Illegal Background Checks
Background checks are used by employers to screen potential employees, make promotion decisions and even help terminate workers from their employment. When the reports are inaccurate, incomplete or unverified, they can be extremely damaging to one's present and future employment and other areas of life. If you are the victim of an unfavorable employment decision because of an illegal background check, we may be able to help.
Civil Court Lawsuits
A lawsuit is defined as a civil legal action brought in a court. Usually, one party brings suit against another party for the purpose of obtaining money or other property. Each party in a lawsuit can be an individual, a business or a governmental agency. The party who is sued is the defendant and the party who has filed the lawsuit is the plaintiff.
Student Loan Debt
Protection for the rights of people with student loan debt, as well as credit card debt, medical bills and many other types of personal consumer debt is covered by the federal Fair Debt Collection Practices Act (FDCPA). If you live in the state of New York and you have student debt that you can't pay and are being harassed by your creditor, you may be able to fight back!
Frozen Bank Accounts
If your bank account has been frozen, you require the services of an experienced debt collection defense attorney immediately. We may be able to help you get control of your finances again if you were not notified of the lawsuit against you, if you do not owe the debt in question, if it's a case of mistaken identity, or a whole host of other reasons.
Wage garnishment is a legal action that is taken by creditors to recoup the money that is owed them. The creditor files a lawsuit in court and obtains an order from a judge as to the amount that is taken out of the individual's paycheck. If you believe that too much money is being subtracted, we may be able to file a "Claim of Exemption" on your behalf.
Due to many causes, it is not difficult to rack up astounding medical bills in a very short amount of time. You may have suffered a catastrophic injury as the result of an accident or perhaps you got sick, lost your job and just haven't been able to catch up. Whatever the reason, it doesn't help when the hospital turns you over to a collection agency and they start applying pressure.
Cell Phone Bills
Cell phone debt collection in the state of New York is big business and debt collection agencies buy defaulted cell phone accounts from communications companies in huge numbers. The statute of limitations is shortened for cell phones as compared to other debt, however, and if your debt is more than two years old, you should contact an attorney at our firm for legal assistance to fight the lawsuit.
When a lawsuit is filed by a collection agency to recoup payment on a bad debt, the consumer must be properly served with a summons to answer the lawsuit. Unfortunately for the consumer, the process server is likely to throw the summons down the sewer, also known as "sewer service", rather than notifying the consumer of the date, which results in a default judgment against the consumer.
In the U.S. federal and state laws have been enacted to protect consumers against such actions as unfair creditor practices and unfair credit reporting. Many people aren't aware of the extent of their rights, however, and are needlessly suffering the intimidation and insults of creditor harassment, or wage garnishment due to a judgment they didn't know about or many other injurious consequences of rights violations.
The Fair Debt Collections Practices Act, or FDCPA, protects consumers from unfair or abusive debt collection practices and gives the consumer the right to argue a debt. The Act covers debt collection for most personal consumer debts such as cell phones, credit cards, student loans and medical bills. At our firm, we have a decade of experience representing clients in these types of cases and we may be able to help protect you.
Automobile Fraud / Lemon Law
Consumer protection laws give consumers remedies against manufacturers and dealers for breach of warranties on automobiles and other vehicles. While most of us will never have to endure the ownership of a vehicle that qualifies as a lemon, for those that do, getting the responsible parties to fulfill their obligations under the law can be a daunting task.
Contact a debt collection defense attorney
immediately to learn more about our services and how we aggressively pursue positive results for our clients.