Beware of Debt Collection Attorney Tactics
Beware of Debt Collection Attorney Tactics
No one wants to be on the receiving end of a debt collection call, and nobody likes receiving past due notices in the mail. That's why, all too often, consumers who get behind in their bills also stop answering the phone and opening the mail. Unfortunately, that can lead to dire consequences - especially when debt collection attorneys enter the picture.
You see, the debt collection industry is big business, and debt collection lawyers make bundles of money when they take consumers to court. Why is that? Because the vast majority of the time (some estimates put it at 90% of the time), the lawyers are able to obtain judgments against consumers. Once they have those judgments in hand, they can relatively easily proceed to freeze consumers' bank accounts or garnish their wages.
But let's back up for a moment and explore the bigger picture. Why do debt collectors file lawsuits? Often, they do it to save money. When they file lawsuits against consumers - which they do by the hundreds and sometimes by the thousands - a collector lowers his overhead expense. After all, the taxpayer is footing the bill for the court system. All the collector has to do is have an attorney file the paperwork and show up for a quick, open-and-shut case.
To save costs even further, some debt collection attorneys don't even file the lawsuits in the jurisdiction where a consumer lives. One case that recently made the news outlined a legal firm that filed debt collection lawsuits in upstate New York, rather than New York City, because the filing costs were cheaper. It didn't seem to matter that the consumer didn't live in the area where the lawsuit was filed. Thankfully, that case is wending its way through federal court as an alleged violation of the Fair Debt Collection Practices Act.
Shady debt collectors and even shadier attorneys also engage in a practice known as "gutter service." These folks file lawsuits, but don't even bother to serve the papers to the consumer, as is required by law (proverbially throwing them in the "gutter"). Instead, they lie on official court documents and say that they served the proper papers.
As you can see, debt collectors and their attorneys engage in a range of shenanigans at taxpayers' expense and at a cost of consumers' peace of mind. What's the lesson to be learned? First, if you're contacted by a debt collector, answer the phone and open the mail. Second, understand your rights under the Fair Debt Collection Practices Act. Third, if you're served with papers that look as though they're related to a lawsuit, contact a fair debt attorney. He can help you sort things out. Fourth, if you are being sued by a debt collector, don't miss your court appearance. Often, a judge will side with the consumer when the collector or their attorney crosses the line. Lastly, remember that you deserve to be treated with dignity and respect - and the law demands it. If you've been the victim of debt collector abuse, you have the right to sue the collection agency. And, it shouldn't cost you a dime.
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