Debt collectors must treat consumers with truth, fairness, dignity, and respect. Debt collectors are regulated by numerous state and federal laws in their debt collection activities. Most people know that debt collectors cannot abuse them on the phone or in writing--what many people don't know is that they have many other legal rights, too. The Fair Debt Collection Practices Act ("FDCPA") lays down the federal law for how debt collectors have to behave when they are collecting a debt.
Wednesday, July 22, 2015
Fight your Student Loan Lawsuit
Tens of lawsuits are filed each month in Florida based upon student loans. The lawsuits are especially shocking in that the amounts claimed seem much larger today than they did when the money was originally borrowed. They level of the shock is increased when the consumer learns that those debts are typically not dischargeable in bankruptcy. The relief comes in learning that the currrent holders of the student loans do not have the required paperwork to proceed with the case. Demanding to see all of the loan paperwork is the key to "winning" these cases.
There are three lawfirms in Florida that are pursuing these cases:
Clarfield, Okon, Salomone & Pincus, P.L.
Pollack & Rosen, P.A. and
Frederick J. Hanna and Associates, P.C.
Statistics show that in approximately 70% of the cases, the former student fails to respond to the lawsuit and a default is entered. In these days of crowded court dockets, getting defaults set aside is very difficult. Fightting the lawsuit will be worth the time and money.
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