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Consumer Protection Law Sometimes people fall behind in paying their bills. When that happens, the credit card company sometimes sues the consumer. But more often, the credit card company sells the debt to a collections company, typcially for less than five cents on the dollar. The collections company then sues the consumer for the full amount of the credit card debt, plus additional "interest" and "attorney's fees." When that happens, most people don't really know what to do, so they make one of two mistakes: They either don't go to court, in which case the collections company wins by default, or they make a deal with the collections company, and end up making monthly payments to them to pay off the whole debt, with added interest and attorney's fees. The truth is, in most of these cases, the collections company is NOT entitled to ANY money from the consumer. There are many legal reasons for this, but it all boils down to the fact that the collections company cannot prove their case in a court of law. When properly challenged to do so, they fail, and they get nothing. Additionally, there are certain laws that collections companies must follow when they try to collect a debt. These laws are designed to make sure that the collections company plays fair. But many collections companies routinely break these laws in attempting to collect these debts from consumers. When that happens, the judge can fine the collections company for each violation. These fines get paid to the consumer whom they were attempting to unfairly collect from. So, in some cases, not only will you not have to pay the collections company, but the collections company actually ends up having to pay you instead. If you are being sued for an alledged credit card debt, I urge you to call my office to discuss your case. You'll speak directly with me, not with a paralegal, secretary or clerk. |
James J. Daher, L.L.C. Attorney & Counselor at Law |