Let Us Defend You from Debt Buyer Harassment
Unless they've experienced it first-hand, people rarely hear the term “debt buyer.” A debt buyer is a company, collection agency, private debt collection law firm, or private investor that buys delinquent debts from a creditor or lender for a less than the debtor owes. The creditor then gets to cash in a little on the debt, and the buyer can then collect on its own. Sometimes these buyers will sue the debtor to collect on the debts, but sometimes a hard0hitting defense can severely diminish or even dismiss a debt buyer's claim against you.
Debt buyers often purchase hundreds or thousands of delinquent accounts in one transaction, usually for a fraction of the face value of the debt. Once the debt buyer acquires your debt, it stands in the shoes of the original creditor. It will then attempt to collect the entire amount owed, including late fees and finance charges resulting in a significant profit for the buyer.
Call our skilled attorney about your case as soon as possible at (860) 999-9757.
Documentation of the Debt
If you are being used, most state and local procedural rules but heavier documentation requirements on both the debt collector and creditor. Whoever is suing you will likely need to provide the following:
- A copy of the account or written contract/ agreement, or
- A statement as to why the account or document is not attached
This requirement is often called the “attachment rule.” If the creditor or debt collector doesn't do this, you may be able to get the lawsuit entirely dismissed. Alternatively, you could ask the court to require the debt collector provide the missing documentation and information, called “requesting a more definite statement.”
In addition, the creditor must prove it has the right to sue for collection of the debt. This proof might be in the form of a bill of sale, an “assignment,” or a receipt between the last creditor and the entity suing you. If they do not have this proof, they are less likely to win their case against you.
Our Firm Can Defend You
The Woods Law Firm, LLC has experience with regularly defending debt buyer lawsuits in Windham County and other parts of Connecticut. We have worked in both small claims courts and the Superior Court. We have also sued debt buyers under the Fair Debt Collection Practices Act (FDCPA). Some of the more prominent debt buyers include the following:
- Portfolio Recovery Associates, LLC
- Arrow Financial Services, LLC
- Asset Acceptance Corp.
- CACH, LLC
- Cavalry SPV I, LLC
- Credit Management Corporation, Inc.
- Crown Asset Management, LLC
- LVNV Funding
- Midland Funding, LLC
- RAB Performance Recoveries
- SACOR Financial, Inc.
- Sherman Acquisitions, LLC
- The Bureaus, LLC
- Unifund Corporation
When debt buyers lack substantiating documentation about the debts they pursue in court, which is often, they typically resort to harassment or other illegal tactics to collect debts. Without documentation, they have no way to establish ownership of and validity of the debt, among other things.
If debt buyers do harass people, we might be able to start a derivative suit under the FDCPA to recover statutory and actual damages for any violations of the FDCPA. Our firm has sued debt buyers, collection agencies, collection attorneys, and anyone else who violates the act.
Talk to Our Attorney Today
Our skilled Windham County debt buyer lawsuit defense attorney is ready to help you at your earliest convenience. We can offer you a case evaluation and flat-fee representation. The Woods Law Firm, LLC is devoted to protecting the rights of our clients and taking the necessary action to fight their credit card debt lawsuits. We want to make our services attainable for all who need it.
Let us help you fight the methods debt buyers and collection agencies use to harass people into paying them. If you've been contacted by a debt buyer concerning an alleged debt, contact our Windham County debt defense attorney today. When we defend lawsuits brought by credit card companies, debt buyers, and collection agencies, we typically represent clients on a flat-fee basis, meaning you will pay one flat fee for our representation during the entire case. There are no hidden fees or services charges.
Call us at (860) 397-6451 or fill out our online form today.