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Dealing with creditcarddebt is challenging, let alone facing a debt lawsuit.If the creditor wins the lawsuit, you may face serious financial repercussions. Lawsuits also harm credit scores, and the stress from the legal process can exacerbate financial challenges.
The Fair Debt Collection Practices Act (FDCPA) applies to collection firms and debt collectors attempting to recover consumer debts. Consumer debts include creditcarddebts, vehicle loans, medical costs, and school loans. Dray Legal Office can assist you if you are looking for debt relief.
Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.
There are many ways to request debt verification, such as writing a request letter. The letter must detail the specific information you require, such as proof of agreement with the originalcreditor, a final account statement issued by the creditor, and a breakdown of the debt (due dates, interest rate, and principal amount).
But they also know that most borrowers who are sued for old debts won’t show up in court, and the judge will issue a default judgment. If your debt is past the statute of limitations at this point, you can re-open the default judgment and ask the judge to vacate it because it is time-barred. You default on that debt.
Midland Credit Mgmt., 2009) (letter describing debt, which included interest applied by originalcreditor, as the "principal" amount owed to collector did not violate section 1692e: "If a statement would not mislead the unsophisticated consumer, it does not violate the FDCPA - even if it is false in some technical sense."); Miller v.
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