Debt Collections - Denbeaux & Denbeaux Attorneys at Law

Debt Collections

Fair Debt Collection

You have rights when a debt is being collected against you and we work to make sure those rights are upheld. The Fair Debt Collection Practices Act, the FDCPA, is a tool in the hands of a good attorney. But it is a tool, and it is abused by attorneys who only handle FDCPA cases.

It is not an end, it is not a holistic strategy on its own for you to recover your financial health … it is a powerful, wonderful tool.

It is a weapon, actually. It is a powerful statute that changes entirely the balance of power between a debt collector and the target of the collector’s efforts.

We say target, rather than debtor, because debt collectors often collect against the wrong person, or for the wrong amount against the right person, or threaten to do things that they cannot do as a matter of law.

Did you know?

  • A debt collector MUST write to you within FIVE DAYS of the first call you receive to tell you in writing
    1. the amount of the alleged debt,
    2. the alleged creditor of the debt, and
    3. how you can dispute this debt.

  • A debt collector MAY NOT call you on your cell phone after you tell him (or her) to stop using your cell phone.

  • A debt collector MAY NOT try to collect money from you when you are in bankruptcy (you probably knew this one). The problem here is most bankruptcy attorneys do not know how to sue a creditor or debt collector and they fail to enforce borrower’s rights, and instead suggest that you just ‘work it out’.

When Can You Sue?

  • If a debt collector forgets to send you that letter, they are in violation of the FDCPA and YOU CAN SUE THEM.
  • If the debt collector calls you after you tell them to stop (preferably in writing), then the debt collector has violated federal law and YOU CAN SUE THEM.

These are tools for a good Consumer Attorney to use to help you get back on your financial feet. They are not just mechanisms for lawyers to make money at your expense.

If you were sued by Pressler & Pressler you may have the opportunity to sue them for up to $1,000, plus any actual damages you have suffered.

Fill out the following form for a free evaluation of your case. Your response will allow us to identify all potential claims and quickly evaluate your case. This evaluation is at no cost to you, of course, and if we can identify an actionable violation, we will be able to take your case.

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Denbeaux & Denbeaux Attorneys at Law