FAIR DEBT COLLECTION PRACTICES ACT (“FDCPA”) Are you being abused or harassed by bill collectors? Do you have bill collectors threatening you or contacting your family, friends, or workplace? If you have experienced any of these actions you may have a FDCPA case.
The FDCPA is a federal consumer rights law that protects consumers from illegal collections of consumer debts. A consumer debt includes credit cards, medical bills, student loans, or any debt that was incurred primarily for personal, family or household purposes. If a debt collector violates the FDCPA, the debt collector is liable for either actual or statutory damages to the consumer. Additionally, the debt collectors must pay the consumer's attorney's fees if the consumer prevails in the case. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
CREDIT REPAIR ORGANIZATIONS ACT (“CROA”) Credit Repair Organizations are for-profit businesses that promise to repair or improve a consumer's credit rating, credit history or credit record. However, there are several practices that these credit repair organizations are prohibited from engaging in:
The credit repair organization cannot make any false statements, or advise any consumer to lie about his/her credit history or current credit rating to a potential creditor
The credit repair organization cannot make false statements or advise any consumer to lie about his/her identity to a creditor so that the creditor would not be able to access your credit history or current credit rating
The organization cannot misrepresent any services they offer to a consumer or say or do anything else to the consumer that would constitute business fraud or deception
A credit repair organization is not allowed to collect payment for any services that have not been performed yet. The organization can only collect payment after they have performed their services on behalf of the consumer.
FAIR CREDIT REPORTING ACT (“FCRA”) Have you been adversely affected by incorrect information on your credit report?
The FCRA requires that information provided to credit bureaus (such as Equifax, Experian, and TransUnion) be accurate. The FCRA also requires that a consumer be notified before and after negative information if given to the credit bureaus. Finally, the FCRA requires that if a company uses information adversely against the consumer, that the company notify the consumer and tell the consumer who supplied the information.
If a willful noncompliance occurs, a consumer may recover either actual damages or a minimum of $100 and a maximum of $1,000 plus punitive damages and attorney’s fees and costs. For a negligent violation, the consumer may recover actual damages plus attorney’s fees. http://www.ftc.gov/os/statutes/031224fcra.pdf
If you have been the victim of collection abuse, wrongful credit repair, or consumer fraud call now.
Bankruptcy: Chapters 7 & 13
You can declare bankruptcy once you have ascertained that it has become impossible to pay off creditors.
It can give you a chance to start over, as most debts are relieved after bankruptcy has been filed.
Chapter 7: Get A Fresh Start
Chapter 7, or liquidation bankruptcy, means that your "estate" – i.e., your assets – is sold in order to pay off your creditors. A reorganization bankruptcy can also involve the selling of assets, but more often than not you can retain a majority of your assets while your creditors' needs are assessed.
In a Chapter 7 bankruptcy, the bankruptcy court appoints a trustee who reviews your assets so that they may be distributed to creditors. The benefit to filing a Chapter 7 bankruptcy petition is that it stops all creditors from calling or contacting you and provides you with a fresh start.
Chapter 13: Clear Your Debt
A Chapter 13 bankruptcy helps consumers who have a regular income to create a plan to repay all or part of their debts. Debtors create a repayment plan to pay installments to creditors over three to five years.
The greatest benefit to filing Bankruptcy under Chapter 13 is that it provides you with an opportunity to save your home from foreclosure.
We'll help you with all the particulars and paperwork involved in filing Chapter 13, including:
Analyzing your debt
Determine eligibility and gauge your income
Establish your property end exemptions
Complete and file all forms
Represent you at hearings and help negotiate a payment plan with creditors
If you are dealing with mounting bills and feel overcome with stress due to your financial situation call now.
We are designated as a debt relief agency by the BAPCPA. We assist consumers seeking bankruptcy relief under the US Bankruptcy Code. This website is to be used for information purposes only and should not be considered legal advice. Please contact us for professional advice on your legal concerns. This website is not responsible for the accuracy of this information. Your access to our website does not constitute a legal attorney-client relationship.