Free Debt Collection Letter & Lawsuit Review
At the Law Office of Simon Goldenberg PLLC, we represent individuals and businesses facing debt collections and lawsuits involving credit cards, private student loans, merchant cash advance claims, contract disputes, and other financial matters. If you have been served with court papers, received legal notices, or are dealing with aggressive collection efforts, our office can review your documents and discuss potential defense strategies. Use the link to upload your documents for review.
Click here to upload your documents.
Submitting this form does not create an attorney-client relationship, and representation is not established unless confirmed in writing by our office. We strive to respond to all inquiries within 1-business day.
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Consumer Rights - FDCPA
The Fair Debt Collection Practices Act protects consumers from unscrupulous debt collectors.
What are examples of FDCPA violations?
Common Fair Debt Collection Practices Act (“FDCPA”) violations often involve abusive, deceptive, or unfair conduct by debt collectors during collection efforts or litigation.
Examples include:
- Collecting on a debt that has already been satisfied.
- Collecting on the wrong amount.
- Failing to disclosure the current creditors identity.
- Providing an incorrect breakdown of the balance.
- Failing to adequately disclose interest accruing on an account.
- Making false threats of litigation.
- Attempting to collect interest, fees, or collection costs, where they are not due under the law or by contract.
- Using false, misleading, or deceptive practices within the collection of a consumer debt.
In litigation-related cases specifically, courts have found potential FDCPA issues where collectors:
- Suing the wrong person
- Suing on a debt the consumer does not owe
- Filing a lawsuit after the statute of limitations expired
- Seeking amounts not authorized by contract or law
- Misrepresenting the amount of the debt
- Filing false affidavits or inaccurate account records
- Threatening legal action that cannot legally be taken
- Continuing collection after receiving a cease communication request
- Contacting third parties about the debt improperly
- Harassing or abusive phone calls
- Calling at prohibited times
- Failing to provide required validation notices
- Misrepresenting the identity of the collector or attorney
- Attempting to collect discharged bankruptcy debts
- Restraining exempt funds improperly in some circumstances
- Using misleading settlement offers or deceptive court papers
- lack admissible evidence,
- pursue stale debts,
- misstate ownership of the account,
- or obtain judgments through misleading practices.
