Rule # 1:  Tell them to stop calling you, and put it in writing.  This is often called a “cease and desist” letter.  We recommend that you send them a letter using either delivery confirmation or certified mail, return receipt requested.  That way, you have proof that you sent them your letter telling them to stop calling.

If you tell a debt collector in writing that you want them to stop communicating with you about a debt, or that you refuse to pay the debt, the Fair Debt Collection Practices Act (FDCPA) generally requires them to stop communicating with you regarding that debt.  The only permissible communications after that is to notify you that they are stopping further efforts to collect the debt or to notify you that they will take certain specific actions in response to your letter.  They also cannot communicate with your spouse or parents (if you are a minor), or with your guardian, executor or administrator.

Rule # 2:  If the debt collector fails or refuses to stop, gather the evidence and have it reviewed by an experienced FDCPA lawyer.  Keep a pencil and paper by your phone.  When the debt collector calls, write down the date and time of their call.  Write down their names and the companies they work for.  Write down who they spoke with in your house, and what they said.  If you have caller ID on your phone, write down their phone number and date/time of their call; if you can, take a picture of the caller ID display.  If you receive anything in writing from the debt collector (letters, bills, past due notices, etc.), save them all.

Remember, the FDCPA has a statute of limitations; if you don’t file your FDCPA lawsuit before the statute of limitations expires, you generally lose your right to bring that lawsuit at all.  So, you must act promptly if you think you may have a case against a debt collector.  Please feel free to contact us for a free consultation, and we will be happy to explain your legal rights.

The whole purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop abusive practices in the debt collection industry.  When Congress first passed the FDCPA law, it clearly expressed its findings on why the law was needed:

“There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.  Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”

Because existing laws and procedures were not adequate to protect consumers, and because debt collectors can effectively collect debts without being abusive or harassing, Congress passed the FDCPA in 1968.

It is not an excuse under the FDCPA that the consumer actually owed the debt.  In fact, most of the FDCPA simply deals with the way in which debts may or may not be collected.  Its whole purpose is to eliminate abusive debt collection practices by debt collectors.

Sometimes it seems that there is no limit to the type of abuse and harassment used by some debt collectors.  The Fair Debt Collection Practices Act provides specific examples of conduct that is prohibited by covered debt collectors.

First, the debt collector cannot use violence or criminal means to harm you physically or your reputation or your property.  Moreover, they cannot even threaten such violence or criminal action.

Second, a debt collector cannot use obscene or profane language to try to collect your debt.  In fact, a debt collector is prohibited from using any language whose natural consequence is to abuse the person hearing or reading the communication.

Third, a debt collector cannot publish a list of consumers who allegedly refuse to pay debts.  Similarly, a debt collector cannot advertise the sale of any debt in order to coerce you to pay the debt.  However, they can still report this information to a credit reporting agency (for example, Equifax, Experian and TransUnion) and certain other entities.

Fourth, a debt collector cannot call you repeatedly or continuously with the intent to annoy, abuse or harass you or any other person.  A debt collector also cannot make such calls without disclosing their identity.

The FDCPA provides that consumers may recover their actual damages.  In addition, a consumer may also receive $1000, even if they didn’t suffer any actual damages.  What’s more, experienced Florida FDCPA lawyers will generally take such cases on contingency.  This means that you should not have to pay for attorney fees; instead, any such attorney fees are paid by the debt collector who violated the law.

Remember, to win under the Fair Debt Collection Practices Act, you must be able to prove they violated the FDCPA with evidence admissible in Court.  We recommend that you keep a paper and pen near your telephone if you are getting such phone calls or, worse yet, personal visits.  Write down the date and time for each contact, the debt collectors name and company, who they contacted, and what was said.  Of course, if you receive any letters, bills or other correspondence from the debt collector, save all of them.  If you have caller ID on your phone, write down their phone number and date/time of their call; if you can, take a picture of the caller ID display.  If you have a case against a debt collector, you must then act promptly.  If you don’t file your case before the statute of limitations expires, you will have lost your right to sue the debt collector for their abuse and harassment.

If you believe that a debt collector is abusing or harassing you, we would be happy to assist you, generally at no charge to you, if you are located in Seminole County (Altamonte Springs, Casselberry, Geneva, Heathrow, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs, etc.), Orange County (Apopka, Fern Park, Maitland, Orlando, Pine Hills, Winter Park and nearby areas), Volusia County (Daytona Beach, DeBary, Deland, Deltona, Edgewater, New Smyrna, Orange City, Port Orange, South Daytona and others), Lake County (Eustis, Mount Dora, Mount Plymouth, Sorrento and Tavares) and Brevard County (Cocoa, Melbourne, Mims, Palm Bay, Rockledge, Titusville, Viera, etc.).  You can click here to contact us over the internet, or call us on our toll-free number, 1-888-834-5297.

Validation of a debt simply means confirmation or verification of the debt under the Fair Debt Collection Practices Act (FDCPA).  The FDCPA provides specific legal rights to a consumer who requests a validation notice to verify the debt.  That law requires that the debt collector must generally provide you a written notice within five days after they first communicate with you.

As an experienced consumer lawyer, I know what the FDCPA spells out for the content of the notice that debt collectors must provide to you.  First, they must state the amount of the debt.  Second, they must provide you the name of the creditor to whom the debt is owed.  They must also provide you with several statements about your rights:

• You can dispute the validity of all or part of the debt.  Unless you dispute it within 30 days of your receipt of the notice, they will assume the debt is valid.
• If you notify the debt collector in writing within 30 days that you dispute the debt, they will obtain verification of the debt and mail you a copy.
• If you request in writing within 30 days, the debt collector must provide you with the name and address of the original creditor, if different from the current creditor.

If you notify the debt collector in writing within those 30 days that you dispute all or part of the debt, or that you request the name of the original creditor, the debt collector must cease collecting the debt until the debt collector obtains verification of the debt or the name of the original creditor and mails it to you.  Even if you fail to dispute the validity of the debt, it may not be used against you in court as an admission that you owe the debt.

I will be happy to put my experience to work for you in ensuring that your legal rights are protected.

The Fair Debt Collection Practices Act, or FDCPA for short, is a federal law that applies in all states.  It provides certain rights to consumers by restricting the time, place and methods that debt collectors can use in trying to collect on debts.  As part of this, it is intended to prevent abusive debt collection tactics.

Some people think that the FDCPA applies to all debt collectors.  Although certain provisions apply generally, many of the protections under the FDCPA apply only to certain people and companies.  For example, it applies to consumer debt (where the debt arises primarily for personal, family or household purposes), rather than commercial debt.

It obviously covers debt collection agencies.  However, some people don’t realize that it also covers lawyers that regularly collect debts.  Many of the lawyers that we see in Central Florida (including Seminole County, Orange County, Brevard County, Volusia County and Lake County) do indeed “regularly collect debts”, and are therefore bound by the Fair Debt Collection Practices Act.  Some of those lawyers have filed thousands of debt collection lawsuits, and many derive most of their income from collecting debts.

The FDCPA specifically exempts certain categories of people and companies from many of its requirements.  Examples of those to whom the FDCPA does not typically apply are original creditors suing in their own name, corporate affiliates, government officers and process servers.  This does NOT mean there are no legal requirements for those people; it’s just that those legal requirements arise from laws other than the Fair Debt Collection Practices Act.

In the past few weeks, several rumors have circulated among car dealers and car buyers relating to the Cash for Clunkers (Cash 4 Clunkers or C4C) program.  Some of those rumors have claimed that the amount of the payment the dealer receives on behalf of the customer’s trade-in would be reduced if either the car dealer or the car buyer/consumer owed back taxes.

Those rumors are simply not true.  The government agency responsible for the Cash for Clunkers program, the U.S. National Highway Traffic Safety Administration, has confirmed that they are not taking any money that may be owed to the government from the Cash for Clunkers payment.

Don’t let a dealer try to get extra money from you by claiming that they did not receive the full amount of the rebate from the government.  If a dealer tries to tell you that their Cash 4 Clunkers payment was reduced by the government due to back taxes, report that dealer to the National Highway Traffic Safety Administration.  If the dealer insists you need to make an additional payment to them, seek the assistance of an experienced car lawyer here in Central Florida.

Despite many promises by the credit card companies that they are willing to work with people in difficult financial circumstances, this is not always the case.  Many consumers have reported a variety of abusive debt collection practices used by the credit card companies and other creditors trying to get their money.  Some of the debt collectors engage in various abusive debt collection tactics, including:

• Making threats, including threats of arrest or jail
• Impersonating police officers or other law enforcement personnel
• Demanding payment for amounts that are not due
• Trying to collect a debt that is too old, and which is no longer legally enforceable because the statute of limitations has expired
• Trying to add surcharges that may not be allowed, including certain interest, penalties, attorney fees or costs of court
• Calling too early in the morning or too late at night
• Improperly labeling correspondence demanding payment or listing “past due” amounts, called “dunning letters”
• Refusing to stop contacting you after you tell them to stop
• Other abusive conduct and harassment

There are important laws, including the federal Fair Debt Collection Practices Act (FDCPA), that regulate how and when debt collectors can contact consumers.  It does not matter whether you owe the debt, because debt collectors still have to follow this law and other similar state laws.

As a Fair Debt Collection Practices Act (FDCPA) lawyer, I know there are many steps that you can take to assert your rights under this law and other debt collection laws.  Some of those steps need to be taken promptly (with a 30 day deadline), or you may lose important rights.  Contact us now to learn about your rights if you’ve been sued on a debt or are being harassed by debt collectors.

Many people think odometer rollbacks are a thing of the past, since most new cars have electronic odometers to display mileage.  However, odometer rollbacks still occur with some frequency.

In one of our cases, our clients purchased a used vehicle from a local buy-here-pay-here car lot in Seminole County.  Later, when they took the car in for service to a mechanic, they discovered that the car had previously had service work done at a higher odometer mileage.   This meant that the odometer had been rolled back before they bought the car.

We were able to negotiate a quick settlement on behalf of our clients, who were able to return the car, void the contract, and recover their incidental and consequential damages.

We have had several calls from consumers with concerns about how dealers were handling the Cash For Clunkers (Cash 4 Clunkers or C4C) program.  One type of issue is when the dealer promised and provided a set rebate amount, but then contacts the customer and says they need to “redo” the deal because the rebate fell through.  Sometimes they say the traded-in car didn’t qualify after all.  Sometimes they say the consumer did something to make the traded-in car ineligible.  Then, the dealer typically either demands the new car be returned or that the customer come up the extra $3500 to $4500 difference in cost right away.

Just because a dealer says you have no choice but to follow their instructions doesn’t mean that is legally correct.  You have legal rights, and should not be intimidated by the dealer.  We offer a free initial consultation, and would be happy to discuss your situation with you.

Auto Fraud refers to a whole series of cases in which a car dealer (franchised dealer or buy-here-pay-here dealer) or other automotive facility perpetrates a fraud on a consumer.  Examples of such auto fraud cases include:

• Odometer rollback – this is when a dealer or other person intentionally rolls back the odometer mileage, usually to inflate the price of the car or to claim that it is still subject to a manufacturer’s warranty.
• Rebuilt wrecks – these are cars that have been involved in a serious crash that may have caused the insurance company to “total” them, but are then rebuilt and sold without any disclosure of the pre-existing damage.  These cars can be a significant hazard not only to the consumer buying the car, but also to other motorist who can be affected when the rebuilt wreck loses control on the road.  Please note that CarFax will not always disclose all prior wrecks, and some dealers use this to their advantage.
• Faulty repairs – this covers repairs that were not performed properly, as well as repairs that were never performed at all.
• Deceptive sales techniques – this type of deception can cause a buyer to believe he or she is purchasing a car when in reality they are leasing it, or misrepresents the condition or price of the car, or other aspects of the sales or financing process.
• Failure to comply with title laws – some dealers try to hide prior ownership history or mileage disclosures by obtaining new titles that no longer show the history they are trying to hide.  Other dealers take salvage cars to states having lax titling laws, rebuild them, and get a new title that no longer lists the car as being a salvage car.
• Service contracts – some service contracts are virtually useless, because the company frequently denies coverage, often blaming the consumer.  Of course, both the dealership and the service contract provider make a handsome profit from selling this service contract.  The consumer thought they were buying peace-of-mind, when they were really buying a headache.
• Warranty – some manufacturers or dealers fail to honor their warranties, often claiming the vehicle was not properly maintained, or was abused.  In many cases, there is no evidence to support such a claim, but it doesn’t stop unscrupulous dealers from rejecting warranty claims for those reasons.
• Yo-yo sales – this is when the dealer tells you the sale is final and lets you take the car home.  Then, after you have taken the car home and showed it to your family and friends, the dealer tells you the financing fell through, and demands additional money.  Of course, if you try asking for the return of your trade-in, they tell you it’s gone.

My background as a former automotive engineer and expert witness allows me to help consumers in these and other types of auto fraud cases.  Please don’t hesitate to call us on our toll-free number, 1-888-834-5297, for a free consultation.  Or, if it’s more convenient for you, contact us by email or fax, and we will promptly respond.

Every so often, we get calls from consumers who tell us about a debt they disputed and didn’t believe they owed.  Unfortunately, some consumers may be tempted to ignore “papers” they receive from lawyers or courts, which can result in a default judgment against them.  Whether or not we can assist them in getting the default judgment set aside depends on the specific facts involved.

A default judgment can be rendered when the person defending a lawsuit fails to show up when summoned to court.  Just believing you don’t owe the debt is not enough – you must show up in court, either personally or through an attorney.  If you don’t, you may waive your right to defend against the lawsuit.  If a default judgment is entered, the other side essentially wins.  That often means the get everything they asked for, even if those charges are not appropriate or authorized.  That could mean additional charges for interest and the attorney fees for their lawyers.

However, a default judgment does not necessarily mean you have no alternatives.  If the judgment was entered within the past year, you may be able to get relief from the judgment for reasons of mistake, inadvertence, surprise, excusable neglect, fraud, misrepresentation, or other reasons.  There are other possible ways to set aside the judgment if they are properly brought to the court’s attention within a reasonable time, including a void judgment, satisfaction or release, or that the judgment has been discharged.  These reasons must be set forth in a motion asking the court to set aside the judgment pursuant to Florida law.

In addition, a judgment could be void if the person against whom judgment was entered was unaware of the litigation.  This is not all that rare, thanks to what we call “sewer service“.  This occurs when the process server does not actually deliver the lawsuit papers to the person being sued, but instead throws them into the sewer or otherwise gets rid of them.  For a news story on how the New York Attorney General has sued 37 law firms and debt collectors for this abuse that affects over 100,000 faulty judgments, please click here.  One consumer discovered he had been sued in New York; the process server claimed to have served him at his house in New York City, even though he lived in Florida, not in New York.

If you were not properly notified of the lawsuit against you, your constitutional rights to due process may have been violated.  This may be another basis for setting aside a judgment.

If you would like a free consultation to determine whether we can help you in setting aside a judgment, please feel free to call, fax or email us.  We will be happy to respond promptly, even in the evenings and on weekends.

If you’ve been sued on a credit card debt, you may have received a document either with the lawsuit papers or soon after called a “Stipulation for Entry of Final Judgment Execution Withheld” or something similar.  We have seen such documents sent in by a debt collection law firm that does business under the names of Hayt, Hayt & Landau and Robert J. Orovitz, PA.  It may have been accompanied by a letter from one of the lawyers in that firm, such as Robert Orovitz, Dana Kalman, or Christian Walled.

Although it sounds like a settlement letter, and although the specific payment amount may be left blank, there are some serious consequences you should consider before agreeing to it.

First, the lawyers and their law firm (Hayt, Hayt & Landau and Robert J. Orovitz, PA) represent the credit card companies, ranging from original creditors such as Capital One (Cap One) to debt buyers such as Arrow Financial.  I have yet to see them represent a single consumer against any credit card company.

Second, although they suggest they will be flexible in the terms of payment, many people don’t realize the important protections they are losing.  For example, if you agree to it, you are not only agreeing that you owe the alleged debt, but you are also agreeing that you have no valid defenses.  For example, even if the credit card debt is barred by the Statute of Limitations, you are waiving that defense.  If the credit card debt includes charges you did not authorize, you are waiving that defense.  If the credit card debt includes inappropriate charges, interest or attorney fees, you are waiving your right to dispute those charges.

That document instead is a formal judgment against you.  They are simply agreeing that they will not garnish your wages or execute against your bank account or other assets as long as you make your payments as scheduled.  If you miss even one payment, or if your payment amount is slightly short because you had other unexpected expenses that month, they can proceed with garnishment and execution.  And, you have now given up important rights under Florida laws that related to what assets of yours they can now seize.

Know your rights before you sign them away!  Call us for a free consultation, or contact us by email, fax or through this blog.

In some cases, the first time you know that you are being sued on an alleged credit card debt is when you receive a Summons and Complaint.  In small claims cases, the Summons may also be accompanied by a Notice to Appear for a Pretrial Conference.  This post explains what these terms mean for the people being sued for credit card debts.

The “Complaint” is the formal document that begins a lawsuit.  That is where the Plaintiff (the person or company that is suing) sets out their claim or claims against the Defendant.  The “Summons” is the formal legal document notifying you that you are being sued, and gives you instructions on how and when you must respond.

In Florida, you must file a formal response called an “Answer” or other responsive document unless you are being sued in small claims court.  In small claims court (the division of county court where the dispute is for $5000 or less), you do not need to file an Answer, but it is still often a good idea to do so.  That way, if you dispute the credit card debt, or if you are unsure whether you owe the amount being sued on, you can formally document your dispute.

If you receive a Summons or a Summons and Notice to Appear for Pretrial Conference, it is absolutely CRITICAL that you respond appropriately.  If you don’t show up, or if you don’t respond appropriately, you may lose the entire lawsuit before you can present your evidence.  There are also other important safeguards you may lose if you don’t respond by the deadline.  You should definitely speak to a credit card lawyer before those deadlines expire, so please call, email or fax us for a free consultation.  There is nothing so disappointing as a person who has a valid defense not being able to defend their case because the deadlines expired!

Welcome to my new blog.  I am in the process of setting up this new blog in order to help Florida consumers, particularly those in Central Florida (Seminole County, Volusia County, Orange County, Brevard County, Lake County).  This includes the cities of Altamonte Springs, Altoona, Apopka, Cassadaga, Casselberry, Chuluota, Daytona Beach, DeBary, DeLand, Deltona, Eustis, Fern Park, Geneva, Heathrow, Lake Helen, Lake Mary, Longwood, Maitland, Mount Dora, Mt. Plymouth, Orange City, Orlando, Osteen, Oviedo, Pine Hills, Port Orange, Sanford, South Daytona, Tavares, Umatilla, Winter Park, Winter Springs, and Winter Park, among others.

My goal is to share information with Florida consumers about their legal rights to help them pursue justice in the areas of auto fraud (rebuilt wrecks, odometer rollbacks, deceptive sales and financing, etc.), credit card (including defense of credit card collection cases), debt collection (Fair Debt Collection Practices Act/FDCPA, abusive debt collectors, collection of old or non-existent debts), lemon laws and other similar areas.

Although I have over ten years of experience as a consumer justice attorney, this blog is brand new, becoming operational for the first time on August 21, 2009.  We appreciate your patience as we begin providing you information by posting in the next several days.