Defending lawsuits filed by creditors against consumers

Closely related to the FDCPA area of law are the state and county lawsuits filed by collection lawyers. We have often found that they did not comply with the FDCPA before filing these lawsuits and very often are suing on a debt that is past the statute of limitations for collection enforcement. They hope that the consumer will not respond to the summons and lawsuit in order to get a default judgment on a debt that was never legally enforceable in the first place.

Attorney Paul Herman discusses law suits filed for the purpose of debt collection in his article titled “Protecting your Rights in Debt Collection Cases.”

If you are in this situation where you have received a summons on a past alleged debt, please contact us to learn about your rights. We are also wary of the deceptive trade practices of many companies in direct violation of the Florida Consumer Rights Statute and the Florida Deceptive and Unfair Trade Practices Act. We seek to correct the problems related to these protective statutes and provide our clients with the piece of mind that comes with the enforcement of all Consumer Rights legislation.

Credit report repair-mistakes and inaccuracies on credit reports

Our attorneys litigate nationwide under the Fair Credit Reporting Act (FCRA) to enforce consumer rights against Consumer Reporting Agencies (CRAs) and creditors who supply personal information about your credit history. The FCRA affords significant rights to consumers to make sure that your credit history is correct and accurate. National Studies have shown that almost 80% of all credit reports contain some type of error, many of which then lead to credit denials and higher interest rates. Simple errors like erroneous late payments can drop a score almost 100 points. You need to be vigilant in protecting your credit.

The FCRA gives consumers strong protections in fighting against inaccurate and wrong information on credit reports. Many people have fallen victim to identity theft or have wrong information on their credit reports and do not know what to do. Collection agencies often improperly report information. Creditors often report mistakes such as late payments. Out lawyers are experienced in litigating these errors and recovering money for our clients. The consultation is free and most cases are handles on a contingency basis.

Most consumers have a general understanding of how the credit scoring system works. The credit reporting system usually works as it was designed to, enabling those with a good track record to obtain the credit they can afford. Inaccurate credit reports cost Americans millions of dollars annually. We are experts in understanding the Fair Credit Reporting Act. A 2007 article in American Banker Credit Limit Omissions Spur Suits Tied to High-End Cards discusses credit cards companies that do not report a client’s credit limit. While a credit card with no limit may sound great, a major part of your credit score is the available credit you have. “It’s like having a beautiful skin on your face and having this zit on your forehead. It’s going to have a hell of a lot more impact than if you have acne.” said Paul Herman, attorney with the Fair Credit Law Group. Additionally, we have represented clients in lawsuits against some of the largest credit card companies in the U.S.

Mr. Herman was interviewed by the South Florida Business Journal in an article titled “In housing crisis, credit minutiae more important than ever.” “It’s obvious to protect your credit by paying bills on time and handling debt responsibly”, Herman said, “but that isn’t always enough to ensure your credit is scored accurately. People can fall victim to identity theft or have problems with credit reporting agencies that haunt them for years”.

We have significant experience in lawsuits against the CRAs and creditors and participated in the filing of more lawsuits in any law firm in the country against one of the largest CRAs. The most lawsuits filed in the country by any one law firm. This experience is invaluable when taking on some of the largest companies in the world. We also participated in a number of class action lawsuits to provide national relief to consumers in the credit arena.

Harassment and abuse by collection agencies and creditors

This is an area rampant with abuse by original creditors and third party collection agencies. They routinely violate the strict consumer provisions of the FDCPA (Fair Debt Collections Practices Act) or various applicable state statutes in order to collect alleged debts for which they paid pennies on the dollar to purchase from the original or subsequent creditors. We have successfully litigated and settled many cases against the original creditors, collection agencies and collection law firms. We protect our clients from being harassed and ridiculed by the collectors. We have seen a rash of collection activity in the last few years, and we can help you.

Collection agencies and creditors will often harass consumers when collecting debts. You may receive multiple phones calls at home, at work, or at a neighbor’s house or a family member’s house. The FDCPA, The Telephone Communications Protection Act (TCPA) and the Florida Consumer Collection Practices Act (FCCPA) among other states’ consumer statutes protect you against these abuses. Our lawyers litigate everyday in the courts and recover money for our clients. You may have been threatened with jail, illegal seizures, taking your home, cursed at, just to name a few violations. Debt collectors will often use any means necessary to collect a debt but you have rights and we help enforce those rights!

Mediation and Arbitration

• Florida Civil Circuit Court Certified and Federal Longshore Act Mediator.
• Available for all types of Florida Circuit and County Court cases, as well or any other disputes in which mediation would be helpful.
• Actively mediating federal cases, primarily within the Longshore & Harbor Workers’ Compensation Act (LHWCA) and the Defense Based Act (DBA) which he has continually practiced for nearly 30 years.
• Certified Arbitrator and is available to handle both binding and non-binding arbitration cases.
• Member of the Association of South Florida Mediators and Arbitrators.
• Currently available to handle cases anywhere nationally or internationally.
• Reasonable travel rates and arrangements for all mediation regardless of location.

Feel free to contact us Toll Free at 800-269-4685 or send an e-mail to paherman@paherman.com

Member of the National Association of Consumer Advocates, Better Business Bureau, & The Florida Bar

Florida Circuit Court Certified and Federal Longshore Mediator

In practice since 1984