Sued by a Debt Collector?
Don’t accept wrongful debt collection lawsuits! You can fight back!
Are you being sued by a debt collector?
DO NOT IGNORE THE SUMMONS! IF YOU DO NOT APPEAR IN COURT OR FILE AN ANSWER AS DIRECTED, YOU ARE ADMITTING TO THE COURT YOU OWE THE AMOUNT STATED TO THE COMPANY SUING YOU AND A MONEY JUDGMENT WILL BE ENTERED BY THE COURT. YOU SHOULD CONTACT AN ATTORNEY EXPERIENCED IN COLLECTION DEFENSE AND CONTRACT LAW.
DO NOT GO IT ALONE. THEIR ATTORNEYS ARE EXPERIENCED AND KNOW THE BUSINESS OF COLLECTION, SO SHOULD YOURS.
Factual and legal defenses are available!!!
Is this an old credit card, ancient car loan, or even a bogus claim?
In a free initial telephone consultation, Michael R. Reiter, Esq., will evaluate your case.
Don't Believe the Debt Collector without checking it out. Just because they say you owe does not make is so . . .
Many debt collectors are debt buyers! The company may have nothing to do with the original debt except claim to "own" the debt. Debt buying companies specialize in "buying" old debts in portfolios of thousands of accounts and pay pennies on the dollar. They employ skip tracing techniques to find the alleged "debtor" often call and write to collect and make threats about lawsuits. Debt buyers try to collect on what are often dubious claims and hope that people either don’t know the law or don't consult with a lawyer.
If you have been contacted by a debt collector, you should know your rights.
Debt collectors may talk tough, but often they cannot do what they are claiming. Many types of harassment by debt collectors are illegal, and if you have endured it, you can even act a "private attorney general" and file you own suit to enforce the Federal Fair Debt Collection Practices Act.
Most debt buyers can not prove they own the debt and do not have proof of the amount they owe!
You have a right to your day in court! You have a right to make them prove their case including whether they own the account, how much you owe, and even if they have a right to sue! If they do not have a right to sue you and they have sued you anyway, they are guilty of debt collection harassment and you can sue them back!
You May Not Owe the Debt! You may be a victim of identity theft or simply share the same name of the original debtor and live in the same county.
The Debt may be older than 4 years and may be too old to sue you over. Certain contracts, such as credit cards or some medical bills become too old to sue over it they have been in default for over 4 years. Contracts based on a written instrument such as a car loan, promissory note, or home loan have a 5 year statute of limitation.
Make the debt collection attorneys can not prove what they are claiming. Too often, even if you owe the debt, the amount is inflated and incorrect or illegal fees are simply just added on.
Do not call the attorney and sign anything you receive with the summons "so you don’t have to come to court."
Sometimes attorneys will send you a "Stipulation and Final Judgment Withheld" and a letter telling you to call the attorney’s law office to discuss the debt and (info on letter). The may look like an official document that has been approved by the Court, but it is nothing other than a sly attempt for you to unknowingly admit to the truth of their allegations and provide a simple means of collection. Some Courts in Florida have found these “stipulations” to be illegal and unenforceable. By sending you, the consumer, one of these “stipulations” when you were served the summons and complaint, the debt collection attorney has violated state and federal law. If you have received one of these forms, contact us.
Contact Us
Before you make any response to a debt collector, contact us for a free initial telephone consultation with Michael R. Reiter. Do not try to handle this by yourself. Debt collectors and their attorneys are skilled manipulators. We know their tricks, and know how to turn the tables on the debt collectors and go after them.
IF YOU HAVE BEEN SUED AND YOU DON’T CONTACT OUR ATTORNEY, CONTACT ANOTHER! IF YOU DON’T, YOU MUST FOLLOW THE DIRECTIONS ON THE SUMMONS YOU WERE GIVEN BY THE DEPUTY OR THE PROCESS SERVER!!!
IN FLORIDA YOU MUST: 1) GO TO THE COURT ON THE DATE SHOWN OR 2) FILE AN ANSWER WITHIN 20 DAYS!
IF YOU DO NOT, YOU WILL RECEIVE A DEFAULT JUDGMENT AND THEY WILL NOT HAVE TO PROVE ANYTHNG TO GET AN FINAL JUDGMENT FROM A JUDGE TO ORDER YOU TO PAY.
IF YOU HAVE BEEN SUED YOU SHOULD CONTACT AN ATTORNEY IMMEDIATELY!
Nothing contained in this webpage constitutes legal advice and no attorney client relationship either expressed or implied exists. If you have questions, you should seek the advice of an attorney.