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I’m Being Sued by a Debt Collector? What Should I Do?

Posted by David Hicks | Jun 08, 2023

Over the past 15 years I've been helping people with problem debt and there is one constant that needs to be addressed. When some people are sued by a debt buyer or debt collector over an old debt, rather than seek legal advice, they stick their head in the sand and lose by default. I completely understand how the thought of having to go into court to face someone suing you is a difficult emotional experience. It's scary. You've probably never been in that situation before and have no experience in handling such a thing.   If people just got some good legal advice about handling the suit rather than doing nothing, there would be significantly fewer consumers facing judgments and wage garnishments after losing in court by default.

Numbers show about 90 percent of consumers sued lose by default when they could have easily prevailed in court and had the debt completely eliminated. If you have an old debt that has been turned over to a new company it is unlikely that company has evidence or proof about any contract for the debt, how the balance was calculated or even if the debt is really yours.

I've even seen debt buyers go after consumers long after the statute of limitations has expired and the debt cannot be legally enforced. And I've seen worse. In complaints filed as part of an enforcement sweep, the FTC accused National Landmark Logistics and Absolute Financial Services of using illegal robocalls to leave messages with consumers that threatened outcomes from lawsuits to arrest. The messages didn't identify the caller as a debt collector, and when consumers would return the calls, the defendants would present themselves as mediators or attorneys. In most cases, the debts being collected by National Landmark and Absolute Financial were not actually owed by the consumers, either because they never existed in the first place or had been previously paid off.

And just recently, Portfolio Recovery Associates, the second largest debt buyer in the nation, was fined more than $24 million in fines as restitution to consumers as part of a consent order announced yesterday by the Consumer Financial Protection Bureau for violating the terms of a 2015 enforcement order by engaging in a number of prohibited collection-related actions.

Why wouldn't you want advice from an expert? Most consumers say they don't know where to go or who to ask for help. That's where the Holland Law Group comes in. With attorneys throughout Florida, from Miami and Ft. Lauderdale to Orlando, Tampa and Panhandle, we deal with debt collectors every day and are prepared to challenge the lawsuit brought against you. So, if you or someone you know is facing a suit over an old debt by a company you don't recognize or of an amount you don't think is valid, then do something about it. Don't ignore the problem; tackle it head on with a law firm by your side that has helped thousands of consumers just like you.   Give us a call to see how we can help!

About the Author

David Hicks

David Candler Hicks is from Tampa, FL. He received his J.D. from Loyola Law School in New Orleans, LA, and attended undergraduate studies at the University of Florida in Gainesville, FL. For the past ten years David has been representing clients facing foreclosure as well as credit card debt case...

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