Debt Defense

Many consumers do not understand their rights when it comes to unpaid credit card debt and debt collection companies often take advantage of that lack of knowledge. If you have credit card debt and you are dealing with telephone calls or letters from a credit collection agency, you should seek the assistance of a Deerfield Beach debt defense attorney.

What debt collectors hope you don’t know

The three major forces in debt collection include Midland Funding LLC, CACH LLC and Portfolio Recovery Associates LLC. These companies often buy debt for pennies on the dollar from credit card companies. They buy this debt in many cases after a credit card company has written off your debt. Their goal is to get you to either pay it off in full or to arrange payments. However, if you have not made a payment in five years, the statute of limitations has probably expired.

The statutes of limitation in Florida state that when a creditor has been unable to collect on an outstanding charge account they cannot use legal means to force you to pay. However, oftentimes credit collection agencies are notorious for attempting to frighten people with threats of lawsuits, judgments and wage garnishment in order to get them to pay.

The approach of the big three

Keep in mind, debt collection companies only make money when you make a payment. They will do whatever is necessary to collect that money including threatening to take you to court. Some of the claims against the “big three” include:

  • Portfolio Recovery Associates LLC – The Consumer Financial Protection Bureau reported more than 800 complaints against this company between July 2013 and May of 2014. In many cases, this company continues to harass debtors with phone calls, threatens them with lawsuits and in some cases they have even attempted to collect debts that were already paid.
  • Midland Funding LLC – has also had a number of complaints filed against them. In some cases, they are contacting borrowers and threatening lawsuits even though the debt is past the statutes of limitations. Additionally, oftentimes Midland Funding has not been able to produce documentation showing that a debtor actually owes money.
  • CACH, LLC – in many cases, this company will not contact debtors before they go to court and file a lawsuit. Their hope is that the debtor will not appear in court and therefore they will get an automatic judgment. Michael L. Metzner, P.A can help ensure you do not fall into this trap; you should never ignore a summons.

If you are being contacted by any collection agency, contact Attorney Michael Metzner immediately. He can help ensure that these companies do not take advantage of you by ensuring they are forced to produce documents that show that you legally own the debt. In addition, if it has been more than five years since you made a payment on any debt, he may be able to help you get rid of that debt permanently.

Ratings and Reviews