Category: Fair Debt Collection

Fair Debt Collection Practices Act attorney claim

Five Reasons You Should Sue Abusive Student Loan Debt Collectors Under The FDCPA

Did you know the Fair Debt Collection Practices Act (FDCPA) prohibits abusive conduct by student loan debt collectors. The debt collector can’t legally harass you all hours of the day and night trying to collect on that student loan debt.

The 5 Reasons To Sue The Student Loan Bill Collector

Did you know that you can sue the bill collector for violations of the FDCPA? And, better yet, it may help with the resolution of your outstanding student loan debt! There are five great reasons why you should consider filing an FDCPA lawsuit ifFair Debt Collection Practices Act attorney claim the student loan collector is harassing you and your family.

1. The lawsuit will make the abusive debt collection tactics stop! Debt collectors will often contact family members, friends, and even your employer about your debt. Worse yet, they may use profane and abusive language and threaten you with lawsuit or even jail. Those are violations of the FDCPA and you can stop the abuse immediately by filing a lawsuit.

2. The FDCPA allows for statutory damages of up to $1,000 per violation. It’s a “strict liability” statute which means that the student loan debt collector engaged in illegal and abusive debt collection tactics, they have to pay you up to $1,000 in damages for each violation.

3. You can actually sue for what is called “actual damages.” If you’ve lost your job because of harassment, have had to see a psychologist or a psychiatrist because of anxiety or had medical conditions flare up because of harassment, you can sue for actual damages. And, guess what? There’s no limit on how much you can collect.

4. The FDCPA requires that the offending student loan debt collector pay your legal fees. When you hire a student loan attorney who specializes in debt collection activity, and they’ll have to pay my fee if we are successful.

5. Your costs are paid. We sue to stop the harassment by the debt collector. When a lawsuit is filed, you have to pay a filing fee, in addition to what an attorney charges. Filing fees are charged by the court and process fees have to be paid to the process server for serving the complaint and the summons on the debt collector. Under the FDCPA, you can recover those damages, too if you are successful.

What You Should Do If You Think You Have a Fair Debt Collection Practices Act Claim

Are you tired of asking them to stop? If so, it’s time to contact FDCPA Student Loan attorney Nancy Cavey who can stop the student loan debt collector in their tracks! Call today at 727-828-9955.

Student Loan Fair Debt Collection Practices Act

How Social Media Can Destroy Your Student Loan Fair Debt Collection Practices Act

It’s not uncommon for debt collectors to violate the Fair Debt Collection Practices Act (FDCPA) by calling you or your family at all hours of the day and night. You can actually sue the debt collector and may recover money for their bad credit if you’re successful in a FDCPA violation. However, social media can destroy your FDCPA claim. How?

Student Loan Fair Debt Collection Practices Act

Social Media: FDCPA Claims

Debt collectors read what you post on social media. If you file an FDCPA lawsuit, you can be assured that the debt collector’s attorney is going to check you out on various social media platforms.

They want to see if you’re talking about the lawsuit, talking about the debt or bragging about how much money you’re going to be getting. If they can find anything embarrassing, they’ll exploit it and try to destroy your FDCPA lawsuit. Don’t forget, if you enter into a settlement, that settlement is going to be confidential so, no boasts about your great victory up against the debt collector.

What You Need to do Now to Stop the Harassment!

You can learn more about your rights to filing an FDCPA claim if you’ve been harassed by creditors by contacting FDCPA/Student Loan attorney Nancy Cavey. Call today at 727-828-9955.

Student Loan Debt Collectors student loan lawyer

Student Loan Debt Collectors Are Under Pressure To Extract As Much Money As They Can!

The Department of Education (ED) has over 22 approved student loan collectors to help collect the over 67 billion dollars of student loans in default.

The ED is contracted with the student loan collectors on a commission basis and they earned over 1 billion dollars last year. How did they do it? The ED contracted with the student loan collection companies has a Student Loan Debt Collectors student loan lawyercommission component which pays a commission of 20% of every dollar recovered. As a result, student loan collectors improperly insist on high payments.

Former debt collectors admit they work in boiler room environments and are paid bonuses of thousands of dollars a month, gift cards and even trips if they collect from enough borrowers.

United States Consumer Financial Protection Bureau

Because of the outrageous conduct of debt collectors, the U.S. Consumer Financial Protection Bureau was created in 2010. They supervise debt collectors to ensure that they comply with the Fair Debt Collection Practice Act (FDCPA).

Using the FDCPA to stop creditor harassment

The Fair Debt Collection Practice Act (FDCPA) prohibits creditor harassment. These activities can include:

• Harassment

Frequent calls to you, family, friends, repeated calls with no messages, lies, misleading comments, embarrassing, argumentative and rude conduct are just a few examples of harassing conduct.

• Collection money not owed

If you don’t owe the money that’s being claimed, it’s a violation of the FCCPA for the collector to try to force you to pay a debt that you don’t owe.

• Threats

Being threatened that your pay will be confiscated or you’ll be subject to arrest, criminal prosecution or jail is a violation.

• Calls at work

Calls to your work place especially after they’ve been told not to call, calling you at work or leaving a message with your employer, is a violation of the FCCPA.

• Contacting third parties

Unless you’ve given the debt collector expressed permission, the collector can’t contact any party including your spouse, family members, friends, neighbors and co-workers.

• Written notice

By law, the student loan collector has to send you a written notice stating the amount of your debt, who you owe the debt to and a statement that you have 30 days in writing to dispute the debt.

More than not, the student loan debt collector has the amount of the disputed debt wrong, and I suggest that you send the collector a written notice within 30 days requesting validation of the amount of the debt, the creditor to whom the debt is owed and request that information be sent to you by mail.

• Proof of debt

Student loan debt collectors are required by federal law to send “verification and validation” of a debt when you dispute that in writing within 30 days of the debt collectors first contact.

• Refusing to cease contact

Once the debt collector receives a “cease and desist” letter which I suggest that you send certified mail, return receipt requested, all communications, between telephone calls and letters, must immediately stop.

• Contact after attorney representation

Once the student loan collector is told that you are represented, all conversations, messages, letters or communications must immediately stop.

How to go about stopping creditor harassment

Hiring a Student Loan FDCPA attorney, like Nancy Cavey, is the first step in shutting down illegal, harassing behavior of student loan collectors. But, that’s only the first step. You’ve got to get your loans out of default and back on track. How do you do that?

How to get your loans out of default

About 5 million federal education loan borrowers are in default. That means that they’ve failed to make payments for 270 days or more. Some student loan debt collectors will offer forbearance or a deferment. These are only temporary solutions in getting your loans out of default. The reality is that there are only two quick and feasible ways of getting your loans out of default.

The first involves rehabilitation of your loan by making 9 “reasonable and affordable” payments. The law mandates a minimum payment for the borrower to enter into a rehabilitation program and collection companies often take borrowers finances into account.

However, many student loan collection companies impose outrageous payments and fail to disclose low cost options. This violates both federal and state Fair Debt Collection laws.

Of the many services that student loan attorneys offer, one is the negotiation of a reasonable and affordable payment so that you can get your loan out of default.

The second method of getting your loan out of default is a force consolidation of loan. This can be quite tricky and you should consult a student loan attorney so that you don’t make mistakes in the consolidation process.

What happens after my loan is out of default?

Getting your loan out of default is one of the first steps to improving your credit and getting you on the road to payment of student loans.

There are many income based repayment plans that will allow you to make an affordable payment if you can demonstrate partial financial hardship.

There are also forgiveness programs and also discharge programs for your student loan debt. If you’re disabled and unable to make your student loan payment, you may qualify for a total and permanent student loan discharge program.

Unfortunately, debt collectors have no incentive to provide you with this information. After all, they’re paid on commissions and bonuses based on the amount of money that they recover.

Getting a Student Loan Attorney on Your Team

You can stop student loan harassment today and get back on track with your student loans by contacting Student Loan attorney Nancy Cavey who can help you regardless of where you live in the United States. Call us today to get started on the process. Help is only a phone call away!