FREE LEGAL RESOURCE PAGE SHOULD YOU BE SUED OR HARRASSED BY A CREDITOR
Since information and knowing how to deal with a creditor lawsuit or creditor harassment is vital to anyone with a debt problem.
We have devoted this entire page to that purpose. Lets face it, most likely, you did not get into a debt situation because you felt
like borrowing money without paying it back. Most likely, you found yourself in a life changing crises. And while we are strong
advocates of personal responsability, we are also advocates of helping to empwer individuals to learn to live debt free and not allow
there legal rights to be trampled on.
While American Debt Enders is not a law firm, and as such, we cannot provide you with legal advice, and nothing
on this page should be construed as legal advice, we can
provide you with information and free resources which can provide enormous help to you, should you find yourself
engaged in a creditor lawsuit.
DO YOU NEED FREE LEGAL ADVICE?
Attorneys Forum - Legal Help and Law Discussion Forums.
Before we proceed, Make sure you document every telephone call and other type of contact you have with any debt collector.
If you would like to speak with us about any of the Debt Relief Programs we offer,
IF YOU NEED IMMEDIATE HELP
Call us TOLL Free at: 877-766-2465, or, Email us at: Help@americandebtenders.com,
or Leave your contact information at:
Contact Us.
OR
Use The Live Chat Feature On The Left To Ask A Question.
First: We have located a company called Collection Fighters
American Debt Enders does not have any affiliation with this company.
However, if you are the victim of creditor harrassment, or any other violation of the Fair Debt Collection Practices Act,
you can send them your information Online for a FREE review and if you have a counter claim, they may sue on your behalf at no upfront cost.
Second: Consider this to be some of the best advice ever given to anyone:
If you are served a summons by a creditor--DO NOT IGNORE IT. Also, Do Not Panic--because it is not the end of the world. If you are enrolled
in a debt settlement program, first , contact them to let them know. If you are enrolled in a Debt Management Program, let them know. Next,
if they cannot forestall the lawsuit and want you to answer it,
but you cannot afford an attorney, then please use the free resources found on this page for guidance.
In doing the research for this resource page we came across an interesting site. It is called DEBT SOLVENCY GROUP American Debt Enders
has no affiliation with this company. For $29.00 you can purchase a packet to handle almost any debt situation, and even speak with someone trained to answer questions. If you are in a bind, this site is definately
well worth a visit.
IF YOU HAVE ALREADY BEEN SERVED WITH A SUBPOENA READ HERE:
If you ignore the subpoena, the creditor will be awarded a default judgement. This means the court awarded the creditor
the right to go after any bank accounts you may have, or even garnish your wages.To avoid all this, you must answer the complaint. To this
end we ask that you visit the legal-aid.org website.Legal-Aid.org
It provides detailed information on the process of how to answer a creditor lawsuit.
Also, please read the article from our Free Credit Counseling Newsletter titled: Handling Creditor Lawsuits.
Do not allow yourself to be overcome by fear. As a debtor you have plenty of rights. It is just a matter of learning how to take
full advantage of them all. When you file an answer to a subpoena you put the ball in play. Since most collection attorneys operate by trying to instill fear, and count on the fact that if they
cannot force you into a bad deal, then they assume you will not answer the subpoena and they will easily get a default judgement. Once you put an answer in, you change the rules. At the very least, you make the creditors attorneys more amenable to a just settlement,
because they really do not want to appear in court, and, they know, that if you do your homework, you can cause a significant delay to the entire process.This page will be continually updated to provide you with the best information we can find to help you become
self empowered and debt free.
IF YOU RECEIVE NOTIFICATION OF A JUDGEMENT:
If a judgement has been issued against you and you were never served properly, or have another legitimate reason for not answering the summons,
you can go to the county clerks office where the judgement was issued and see the clerk, and ask for the papers to overturn the default judgement.
If you have a valid reason, you may get the default judgement vacated and get your day in court. If you are successful in getting the judgement vacated,
you will still have to appear in court and put in an answer to the original complaint.
WHAT ABOUT THE FAIR DEBT COLLECTION PRACTICES ACT?
At the onset of any collection activity you should create a written log of all creditor correscpondence. If you are going to protect your rights documentation is critical. For a sample documentation form you can print and use
visit: CREDITOR COMMUNICATIONS TRACKING FORM.
The Fair Debt Collection Practices Act was created to set the ground rules
governing what debt collectors could and could not legally do. It is important to note that it applies to collectors and third parties, not to the original creditor. You can read the entire
act by clicking the link in the previous sentence, it is clearly laid out and written so you can understand it. Here are some easy links for specific areas you may want to know:
What does the act say constitutes creditor harassment and abuse?
Use this link: Debt Collector Abuse.
What are false and misleading representations? Use this Link:False and Misleading Representations
If you think you are the victum of abuse by a collector, scroll up to item one above, and click on the collection fighters link. Tell them the facts and see what they say.
What About Debt Validation? Use this link to learn about having a debt collector validate your debt: Debt Validation
Remember, Debt Validation is generally not a tool you can use after you have been served.
If you decide to send the debt collector a debt validation letter here are some key elements you need to include in your request:
Elements For Validation Letter.
Many debtors have stopped Collector Collection Efforts because debt collectors were not able to provide the validation information.
LIVE CHAT HELP FOR CREDITOR PROBLEMS
We have located an excellent site which has a Chat Forum that deals with issues like creditor harrassment, how to handle a subpoena,
and more. The Forum is extremely active and you can get many opinions on your particular problem. The link is Credit Info Center.
Disclaimer: This page is not intended to replace the advice of legal counsel. American Debt Enders is not a law firm, and cannot offer legal advice.
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