Chances are that at some point in our life for many of us or people we know, may have received one of those over the top ”harassing” phone calls from our friend, the debt collector, who sometimes seem to have no regard for the laws that govern their practice. These laws include, the time of the day or night they call (there are restrictions), who they call (friends, family, references), even where they call (such as your place of employment). They have escalated the collecting practice to a point of harassment. If you or someone you know has fallen victim to these “harassing” actions, a CEASE and DESIST will usually do the trick. A Cease and Desist is a formal letter remitted via certified mail (return receipt aways recommended) that demands they cease any further contact with you other than mail. It’s your right!
Sometimes these collection companies or firms go “legal”! Did you know that debt collectors, particularly, “junk debt buyers” (these are companies that purchase small debts such as cell phone bills) are actually suing consumers for small debts, such as cell phone bills? According to CCCA (the Certified Credit Counselors Association) there has been reported many cases in ALABAMA where such debt buyers such as Palisades, Asset Acceptance, Unifund, Hawker Financial, etc… have sued Alabama consumers.
The problem these “debt buyers” are running into is that there are federal laws which places different statute of limitations for collecting on certain types of debts. For this particular type of debt, 47 U.S.C. Section 415 states that the statue of limitation is two years so when a debt collector “takes over” a debt that is older than that, as they are acting as the “original creditor” they CANNOT sue you and when they do they are in direct violation of the FDCPA (Federal Debt Collection Practices Act).Talk about turning the tables! When this occurs now YOU may be able to sue the collection company for violating the FDCRA.It’s amazing to see the lengths that some of these collection companies actually go to.
Perhaps you may not be able to set aside judgement or obtain damages for the judgment against you (although it can definitely be challenged) but you better believe you can sue the debt collection agency and in some cases even the collection law firm for the act of filing the suit against you when they had no legal right to do so in the first place!
Cute picture right? It’s really a shame that collectors are more like sharks! So if you have been or are currently being sued by a collection agency, make sure to do your due diligence to find out who the original creditor was to ensure that it’s not an item such as a cell phone bill that falls in this category!
You’re always welcomed to call us for a free phone consultation or contact us via email at info@EZCREDITREPAIRNOW.COM or contact us at 800-385-0743.
Don’t be victimized! Stand up for your rights or get professional assistance from a reputable credit repair company (like us / or a lawyer.Remember, we’re here to help!