Debtors' Rights

What are debtors rights? Debtors' rights are rights that are guaranteed by federal and state law for those who borrow money (the "debtor"), whether it is for buying a home, a car, or personal use. These rights protect debtors from being treated unfairly by creditors and different rights may be available to the debtor in different situations. Don't let the debt collector win by default... fight back. If you have been served with a Summons & Complaint, you only have a limited of time to file an Answer.

While a creditor has the right to try to collect a debt that is due, he is tied to federal law in how he can do so. The Fair Debt Collection Practices Act (FDCPA) explains the proper methods of debt collection and also defines precisely what credit harassment looks like. For example, a debt collector must identify themselves as a debt collector on all correspondence to the debtor and also indicate that they are seeking the collection of a debt.

The first communication from a debt collector must also carry with it YOUR right to dispute the debt in writing within thirty (30) days. Should you do so, the debt collector must verify the validity of the debt before proceeding any further. If they cannot verify the debt, then they cannot collect on it. These are just a couple examples of the procedures debt collectors must follow to collect a debt. Failure by the debt collector to follow FDCPA can give rise to a lawsuit against the debt collector by YOU.

We can help you negotiate down your debt, fight the debt collector in court and even reduce the debt to zero. Contact our law firm to arrange a free consultation at our office.