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Debt Relief & Bankruptcy

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LEGAL SERVICES / Debt Relief & Bankruptcy

Debt Negotiation and Debt Relief

It doesn’t take much in these tough economic times for bills to go spiraling out of control. One major setback – a divorce, the loss of a job, a serious accident or illness – can leave you paying your bills and covering expenses with credit cards or loans, going further into debt each month. When you are overwhelmed by unwanted debt and being harassed by creditors, The Law Store offers several solutions.

Getting Started

Stop by for a consultation with one of our experienced attorneys. We can look over your situation and help advise on the best course of action, whether that means fighting the creditor, negotiating, counter-suing, or filing for bankruptcy. Our lawyers can also look at how creditors are treating you and can advise on whether you have a claim for Unfair Debt Collection Practices.

Credit Card Negotiation/ PayDay Loan Negotiation

Oftentimes, you will have borrowed a certain amount of money, called the “principal” of your debt. Then, the credit card company or payday lender will tack on fees and interest, making it look like you borrowed a lot more than the original amount. When you get behind on payments, they will call you, send letters, and sometimes even threaten you (illegally) for payment on the debt. If you hire an attorney to help you negotiate a settlement, you can often resolve the entire amount of the debt for a percentage of what you actually owe. The final amount will depend on your original loan amount, payment history, and who the creditor is. Contact The Law Store for consultation to see if we can help you negotiate with these companies and stop the harassing phone calls.

Defense of Credit Card Lawsuits /PayDay Loan Lawsuits

When collection efforts fail or when it gets close to the statute of limitations running on the debt you owe, creditors will often file a lawsuit. If you have been served with a Summons and have a court date, you need to hire an attorney immediately or appear at the hearing and ask for more time to obtain an attorney. If you fail to show up at the court date, the credit card company or payday lender can get a “Default Judgment” against you for whatever amount they ask for in the petition or complaint. A default judgment can result in garnishment of wages, execution on personal property, and a lien on your house.

Don’t go to the hearing without a lawyer. If you decide to risk it and go it alone, don’t make the mistake that many debtors make. Too often, the judge will ask, “Do you owe this debt?” And the debtor simply agrees. The judge then enters a “Consent Judgment” which can result in garnishment of wages, execution on personal property, and a lien on your house. If you go to a hearing and are intimidated by what you see, tell the judge you would like to hire a lawyer.

Hiring an attorney for credit card lawsuit defense gives the debtor several advantages.

  • The lawyer can appear in court and argue on your behalf – so you don’t have to miss work.
  • The lawyer can read through the legal documents and make sure the creditor is following the rules and the amounts owed are correct.
  • The lawyer can argue for dismissal and/or a reduction in the amounts owed.
  • The lawyer can negotiate a settlement for a lesser amount than what is owed.
  • The lawyer can make sure your rights are protected under the law.

There are so many advantages to hiring an attorney to help you with your credit card lawsuit. If you aren’t sure whether you need a lawyer or would like more information, you can schedule a consultation with a Law Store attorney today by calling 877-659-0380.

Bankruptcy

When you’re overwhelmed by unwanted debt and being harassed by creditors, bankruptcy can offer a financial “fresh start”. Filing bankruptcy can eliminate creditor harassment and lawsuits. Bankruptcy may be the best option in helping you turn your life around and giving you a financial “fresh start.”

We can help you decide if filing bankruptcy is right for you. Drop by The Law Store, call for an appointment, or schedule online. We are open on weekends and keep evening hours for your convenience.

Credit Reporting, Credit Repair, and Debt Collection

Consumers should be aware of two important laws that protect them as creditors.

First, consumers have rights under the Federal Fair Credit Reporting Act (FCRA). This includes the absolute right to know what is contained in your file with a credit reporting agency, the right to know the reason you were denied credit, the right to ask for your credit score, the right to have complete and accurate information in your credit file, and the right to have incomplete or inaccurate information corrected after a dispute by you. Consumer credit and reporting agencies have a duty to correct or delete any information that is inaccurate, incomplete, or unverifiable. They must do this within thirty days of notice of a dispute.

If you believe something is inaccurate on your credit report, you can dispute it with each credit reporting agency. Also, a Law Store attorney can send a dispute letter for you and negotiate with the credit reporting agency. You also have the right to seek damages from people who violate this federal act. Call now or schedule an appointment today with a Law Store attorney to decide which action is right for you.

Second, consumers have rights under the Fair Debt Collection Practices Act (FDCPA) and similar state laws. This law protects consumers from debt collectors by prohibiting debt collectors from using harassing, unfair, or abusive debt collection practices. The Act covers household, personal, and family debts.

A credit card debt collector:

  • cannot prevent you from hiring a lawyer to represent you;
  • can only call you within certain hours;
  • cannot call you at work;
  • cannot repeatedly and continually call you;
  • cannot use profanity or verbal threats;
  • cannot say an attorney is involved in the collection if it is untrue;
  • cannot tell others about your debt, including your employer;
  • cannot threaten or attempt to collect the actual debt;
  • cannot threaten violence or physical harm;
  • cannot make any false statements or misrepresentations;
  • cannot say you will be arrested if you don’t pay the debt;
  • can’t say that legal action will be taken against you unless they intend to take that action and the action is legal;
  • cannot contact you by postcard;
  • must honor a written request for no further contact;
  • must verify any disputed debt.

If a debt collector violates any of these rules, they can be liable for $1,000 plus actual damages for each violation of the FDCPA. The debt collector may also be liable under a state’s fair debt collection statutes. Contact us today if you think you have been the victim of unfair debt collection practices.

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