As a basic principle, borrowers are responsible for paying off their debt and creditors are legally entitled to collect the debt owed to them. If a debt continues to be unpaid, creditors or third-party debt collection agencies will sue the delinquent debtors. If a debt collection lawsuit is filed by a creditor or debt collector, a skilled Miami debt collection defense attorney can represent the debtor and protect his/her consumer rights.

The federal Fair Debt Collection Practices Act (FDCPA) along with state laws dictate your consumer rights as a borrower and regulate the collection practices of third-party debt collection agencies. Among other powers, the FDCPA:

  • Permits debt collectors to use all modes of communication — phone, letters, email, text message — to contact those who owe money
  • Prohibits collection calls at irregular hours and numerous calls per day
  • Prohibits verbal abuse — slurs, obscenities, insults, threats — from collectors
  • Prohibits collection agencies from discussing your financial situation with family, friends, employers, or neighbors
  • Prohibits debt collectors from giving misleading information or false representation
  • Requires collectors to verify all amounts owed

This federal law aims to prevent harassment, false statements, and unfair practices by collectors. A Miami debt collection defense attorney can take the appropriate steps to stop collection harassment and defend your consumer rights from agencies that violate the FDCPA.

If you are faced with a collection lawsuit, enlist the expertise of a skilled Miami debt collection defense attorney. We can help you respond to a suit properly and in a timely manner, ensuring the court will not make a default judgment in favor of the plaintiff.

At Pimentel & Castillo, we are adept at obtaining the best possible outcome for our clients, either by negotiating a debt settlement or raising an effective defense or counterclaim to have the suit dismissed.

Request a free consultation with our experienced Civil Litigation Attorneys