Plantation Florida Debt Collection Lawyers
At Light & Gonzalez, PLLC our lawyers are ready to represent you to stop abusive debt collection practices and to try to get you compensated for any harm that those practices have caused you or your family. Whether it is the servicer of your mortgage foreclosure loan or any other debt collector, we will investigate any debt collection activity that is interfering with your life. Both federal statutes and Florida statutes provide remedies for debtors who have been the victim of unfair debt collection practices. Contact the Plantation Florida Debt Collection Lawyers at Light & Gonzalez, PLLC to request a free consultation.
Our attorneys will talk to you and find out whether you may have an unfair debt collection practice claim. We are available for consultation in Broward County, and will handle any matter in Broward, Miami-Dade or Palm Beach County. Contact us today to speak with a qualified lawyer to review your case and to try to get debt collectors to stop their abusive practices.
Plantation Debt Collection Claims
Unfair debt collection practices can be a nightmare to individuals and families going through financial distress. The last thing that someone who is going through a foreclosure, divorce, or recently lost their job needs is to have a debt collector harassing them at all hours of the day and night. Thankfully, because debt collection behavior was getting out of hand Congress and many state legislatures including Florida passed consumer protection statutes to safeguard against abusive debt collection practices. Our Plantation Florida Debt Collection Lawyers will bring actions against creditors or debt collectors using unfair practices. Contact our lawyers today to learn more about about your legal rights.
Federal and State Debt Collection Statutes
Federal and State statutes enumerate certain things debt collectors can and cannot do in order to collect a debt, and they provide remedies to borrowers when debt collectors violate these rules. Unfortunately, but predictably, debt collectors still continue to utilize these prohibited practices in an effort to collect debts. At Light & Gonzalez, PLLC our South Florida Unfair Debt Collection Attorneys available for free consultation in Plantation will investigate your potential claim and bring legal action against debtors whenever they have violated these state and federal laws.
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act, or FDCPA, is the federal statute that prohibits debt collectors from engaging in certain debt collection activity. Below is a non-exhaustive list of violations of the FDCPA:
- A debt collector cannot ask you to pay more than you owe.
- A debt collector cannot tack on extra fees not expressly allowed under your agreement with the original creditor.
- A debt collector cannot call you incessantly; this is considered harassment.
- A debt collector cannot use obscene language when speaking with you.
- A debt collector cannot call before 8:00 am or after 9:00 pm your local time.
- A debt collector cannot call at times when they know is inconvenient. to you.
- A debt collector cannot use or threaten to use violence against you.
- A debt collector cannot threaten action they cannot legally take, such as when they cannot legally file a lawsuit.
- A debt collector cannot inform certain third parties about your alleged debt.
- A debt collector is not allowed to contact you at work once you have told them your employer does not allow these calls.
- A debt collector cannot continue collection attempts after receiving a cease communication notice.
Actions Your Plantation Florida Debt Collection Lawyer Can Take
These are just a few of the actions that a debt collector cannot take pursuant to the FDCPA. If a debt collector has taken any of these actions against you contact Light & Gonzalez, PLLC to speak with a qualified FDCPA and South Florida Unfair Debt Collection Attorneys to investigate your legal claim against the debt collector. These federal claims can be brought against debt collector here in Florida by a qualified Plantation Florida Debt Collection Lawyer.
An FDCPA claim may arise within the context of another lawsuit, including a mortgage foreclosure action or a credit card claim. Sometimes a FDCPA claim will arise from sloppy records keeping procedures or a miscommunication between the creditor and debt collector regarding the status of an alleged debt. In some circumstances a debt collector will attempt to collect a debt that has already been forgiven by a creditor or they will claim you owe an amount on your loan that you no longer owe because a foreclosure action had been dismissed. If this has happened to you, contact us today to speak with Plantation Florida Debt Collection Lawyer.
Florida Consumer Collection Practices Act
Similar to the Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act, or FCCPA, is the Florida law that protects its citizens from abusive debt collection practices. As compared to the FDCPA, Florida’s law has a more liberal statute of limitations, and it bars creditors from certain debt collection activities. This is an important distinction because it means that the FCCPA may provide for a claim against a debt collector when the FDCPA does not.
The FCCPA tracks the language of the FDCPA very closely, and thus the same list of violations listed in the above section for FDCPA claims also applies to the FCCPA.
Contact Light & Gonzalez, PLLC to speak with a South Florida Unfair Debt Collection Attorneys to discuss whether you may have an FCCPA claim due to abusive debt collection practices made by a creditor or debt collector.
Telephone Consumer Protection Act
The Telephone Consumer Protection Act, or TCPA, protects individuals and families from harassing robo-calls or other calls with prerecorded messages. Once a debt is sold to a debt collector it is not uncommon that individuals and families begin to receive hundreds of telephone calls to their homes and cell phones attempting to collect debts. In certain circumstances these phone calls violate the TCPA, but provide for a cause of action against the maker of the phone call for each and every illegal phone call they have made. Consumers may be awarded damages of up to $500 per phone call.
Contact Light & Gonzalez, PLLC today to speak to Plantation Florida Debt Collection Lawyers to discuss all of the options you have available, and we will work with you to try to achieve your goals whether you would like to try to settle your debts or try to recover damages for abuse you have received at the hands of debt collectors.
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