We recently had the privilege of representing a client who was subjected to improper debt collection tactics employed by a Florida debt collection lawyer.  That lawyer prepared a writ of garnishment that failed to comply with Florida laws for wage garnishment.  Generally, that law provides that the employee’s paycheck funds seized from an employer under a writ of garnishment be kept by the employer until the Court decides who is entitled to those funds: the consumer or the debt collector.  Even after the Court dissolved the writ of garnishment, the debt collection attorney failed to return the wrongfully seized money.

Based on these facts, we sued the Florida debt collection law firm for its violations of the Fair Debt Collection Practices Act.  We were able to quickly obtain justice for our client, including the return of the improperly seized garnishment funds, payment to her of statutory damages of $1,000.00 under the FDCPA, and reimbursement of the additional expenses she was forced to incur when her money was wrongfully seized; all of this was done at no charge to our client.

You too have rights under the Fair Debt Collection Practices Act if your rights have been violated by a debt collector or debt collection attorney, even if a judgment has been entered against you.  If this has happened to you, please feel free to contact us; there is no charge for our review.  Moreover, we do not charge our clients for either our attorney fees or our costs in a case involving the Fair Debt Collection Practices Act (FDCPA); instead, we seek recovery of those from the debt collector who violated the law.  We understand that the wrongful seizure of your money can have immediate consequences and create a “ripple effect” on your finances.  So don’t delay, contact us today to enforce your rights.

Some of our clients have been sued by debt collectors and initially tried to defend their lawsuits by themselves. Sometimes, they try this first because they know that the debt is not theirs, and that the debt collector has sued the wrong person. Sometimes, it’s because they have reached a settlement agreement before the lawsuit, and don’t understand why they are now being sued after reaching a deal with a credit card company. The common characteristic they share is a belief that because the lawsuit is unfair and wrong, the debt collector will do the right thing and simply drop their lawsuit. A consumer that is proceeding without a lawyer is said to be proceeding pro se or in pro per (short for in propria persona), which are Latin phrases meaning the person is representing himself or herself.

Unfortunately, many debt collectors, especially credit card companies, simply don’t care and just want to get more money from you. The consumer then gets frustrated as the lawsuit continues to move toward trial and the debt collection lawsuit still isn’t dismissed. Sometimes it’s not dismissed because the consumer does not know the court rules and procedures that are required to have the lawsuit dismissed. Sometimes it’s not dismissed because the debt collector simply fabricates evidence to avoid dismissal.

Some Florida consumer attorneys will refuse to accept clients whose cases have already been pending for some time. They are worried that they have lost the opportunity to control the litigation. However, we don’t automatically give up on such cases. We don’t believe a Florida consumer gives up their right to be represented by an experienced Florida debt lawyer in their credit card lawsuit simply because they did the right thing and tried to work it out on their own first. That is why we routinely represent such consumers. In fact, we have even accepted representation literally days before a scheduled trial in a credit card lawsuit.

If you are involved in such a lawsuit, please don’t give up and don’t get frustrated. As an experienced Florida consumer protection attorney, I would be honored if you selected me to pursue justice on your behalf. In fact, if the credit card company or other debt collector sued you for a debt that is not yours, or sued you after you had already settled the debt with them, you may be able to sue them back by filing a counterclaim or a separate lawsuit under the Fair Debt Collection Practices Act (FDCPA). Call us toll-free at 1-888-834-5297, contact us through our web contact form, or even fax your informaiton to us, and find out about your rights. Remember, our initial consultations are always free.

Debt collectors are well known for filing improper lawsuits.  Sometimes they sue the wrong person, either due to identity theft or due to sloppy record-keeping.  Sometimes they negotiate a settlement with the person who owes them money, and then sue anyway.  Sometimes they sue for charges that were never authorized or approved.  Sometimes they file a lawsuit on a debt that is past its Statute of Limitations.

In each of these cases, you may have not just a defense to their lawsuit, but you may be able to sue them back.  Suing the Plaintiff who has sued you is known as filing a Counterclaim, which is simply a counter-lawsuit against the person or company who has sued you.  Sometimes a Counterclaim is one of the only ways you can get their attention that you are serious when you say they violated your rights.

If you prevail on your Counterclaim, the plaintiff may actually have to pay you money damages.  They may also be responsible for paying for your attorney fees.

Examples of Counterclaims you may be able to assert under the right facts include breach of contract / breach of settlement agreement, fraud or misrepresentation, violation of the Florida Consumer Collection Practices Act (FCCPA), violation of the federal Fair Debt Collection Practices Act (FDCPA), and others.  In some of these cases, you may also be able to sue the lawyers who filed the debt collection lawsuit against you.

As a Florida consumer attorney, I would be honored to help you determine whether you have a Counterclaim against the debt collector or its lawyers.  For a free consultation, please feel free to call us toll-free at 1-888-834-5297, send us an inquiry through our website contact form or fax us your information.