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.

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.

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.