Commercial collection agency Law Firms : Don't Panic If you Hear Collected from one of from James_Worden's blog
If you've received a letter or phone call from a commercial collection agency attorney, don't panic. Many people have decreased on hard times and their phones are buzzing off the hook with bill collector calls. It is one thing to have to talk to the normal collection agencies but what do you do when your contacted by a commercial collection agency attorney? The first thing you should do is stay calm. Getting a commercial collection agency letter from a law firm does not convey that you are being sued.
About 5% of bad debts are delivered to legal professionals who collect debts. These types of debt collectors must follow certain requirements of the federal Fair Commercial collection agency Practices Act (FDCPA) just like any other type of debt collector. Your first contact with a commercial collection agency attorney will most likely be just like the normal collection procedures. It starts with collection letters and phone calls. This usually happens before any litigation is initiated.trustle
There are things that you should do when you are first contacted about a debt. For example, thoroughly investigate commercial collection agency letter and make sure that the debt you are being asked to pay is valid. In other words, make sure that you actually owe the amount the letter says you borrowed from. But whatever you decide to do, do not ignore the letter. That is perhaps one of the worst actions you can take about the debt. You have a much better chance at resolving the issue if you try to work with a debt collector rather than ignoring him. When you contact a commercial collection agency attorney, ask it to verify the debt written. Under the FDCPA, the firm is required to do this. Write down notes from every conversation with the collector as soon as possible.
If you owe the debt and can't pay it, allow the firm know. It may be willing to work through some sort of repayment plan and in some cases, you may even be able to settle the debt for less than what you owe on it. If you don't believe you borrowed from the debt, contest it written. Send your contest to the attorney by certified mail, and keep a copy for your records.
If you are sued, be sure to consult a consumer law attorney who focuses primarily on commercial collection agency. The initial consultation is usually free, and the attorney can help you decide how to respond. Do not ignore a notice to appear in court! If you don't show up, the collector or creditor will obtain a default judgment against you, and that may give them additional powers to get from you -- maybe by garnishing your wages or requisitioning money in your bank accounts, for example. (State law determines what they can do to get : another good reason to consult an attorney. )
It is important to be sure that regulations firm is not breaking regulations when it contacts you. The FDPCA protects consumers from harassment over a debt, so if you feel that you are being harassed consult an attorney. There have been many cases where collectors, including law firms that collect past due debts, have been found guilty of illegal collection practices and harassment. In those cases, the consumer mixed up in lawsuit has been the winner in the end.
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