Debt Collection Defense - Protect Yourself from Unfair Practices and False Claims • SELF HELP - STOP THE ANNOYING PHONE CALLS If a debt collector contacts you about a debt you should probably talk to him (or her) at least once to see if you can resolve the matter. Even if you don't owe the debt, you can’t repay it immediately, or you believe that the collector is contacting you by mistake, you may be able to resolve the matter by simply communicating with him. If you decide, however, that you don’t want the collector to contact you further, here's how you make him stop. Federal Law says that when you, as a consumer, notify a third-party debt collector in writing that the you refuse to pay a debt or that the you wish the debt collector to cease further communication with you, the debt collector must not communicate further with you with respect to such debt, except to advise you that the debt collector’s further efforts are being terminated or to notify you that the debt collector or creditor they represent may invoke specified remedies - which usually means that they intend to bring a lawsuit against you. So, it's as simple as sending the debt collector a letter telling him to cease and desist with any further communication, or if you prefer, telling him to limit his contact with you to writing by regular or electronic mail. Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document that the debt collector received it. Sending such a letter to a debt collector does not get rid of the debt, but it should stop the contact. The Fair Debt Collection Practices Act may impose a statutory fine of up to $1000 on a debt collector who ignores the law and continues to contact you. You should understand, however, that the creditor or the debt collector can still sue you to collect the debt - which is, in fact, what they may do now that they have no other means of trying to collect the debt they claim you owe. • PRE-LITIGATION REPRESENTATION - WE'LL DEAL WITH THE COLLECTORS AND CREDITORS FOR YOU We will negotiate with your creditors to find a global solution to your debt problems - one that encompasses an arrangement with all of your creditors simultaneously. The concept is simple: identify those debts the payment of which are to be given priority and those that can wait depending on your personal circumstances and the potential consequences and outcomes of said prioritization. Some debt collectors resort to unlawful tactics in order to pressure consumers to pay debts. Our office can protect you from unfair and deceptive debt collection practices while negotiating a fair and reasonable outcome. The federal Fair Debt Collection Practices Act (“FDCPA”) provides substantial protections to consumers who are the target of unscrupulous debt collection activity. The FDCPA makes it unlawful for a collector to: o Call before 8 a.m. or after 9 p.m. o Call you at work after being notified not to in writing. o Threaten any action that is not intended to be taken. o Threaten to have you arrested. o Add undisclosed fees or costs to the debt. These are just a few of the many rights that consumers enjoy under federal and state law. • REPRESENTATION IN COURT - WE WILL DEFEND YOU AGAINST A LAWSUIT IN COURT We represent clients in courts located in the mid-Hudson River Valley region, including in the Supreme Court of the State of New York and city and town courts. HOW MUCH DOES IT COST? Costs may vary depending on the complexity of your case. A final fee will have to be negotiated with your attorney. Nonetheless, you may use the following information to obtain a general idea of the costs involved. PRE-LITIGATION REPRESENTATION Minimum Retainer fee $500.00 Hourly Attorney rate $150/hr. Support Staff rate $50/hr REPRESENTATION IN COURT Minimum Retainer fee $1,000.00 Hourly Attorney rate $150/hr. Support Staff rate $50/hr Client is also responsible for all filing fees, postage and copy fees. Call Us Today For A Free Consultation. DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisement. We will be happy to send you free written information about our qualifications and experience. If you choose to engage this firm to represent you or your company in any matter, we will ask you to review and execute a claim authorization/retainer agreement allowing this firm to represent your interests and explaining all terms and conditions of the representation. |
Office Hours: Appointments only Monday through Friday 9 am to 5 pm Saturday and Sunday Closed Phone 845-264-5271 Fax 845-231-6080 contact@tmurphylawfirm.com 33 Henry St Suite 4 Beacon, NY 12508 |