Questions About Debt Collection
Philadelphia Debt Collection Defense Attorney
What should I do if I am being sued by National Collegiate Student Loan Trust?
Recently, a large number of lawsuits have been filed by an entity called
National Collegiate Student LoanTrust, LLC. My office has been contacted
by several people who have been finding themselves on the receiving end
of these actions. While researching, we have discovered that these cases
are filled with legal problems, resulting in valid defenses. If you've
been sued or threatened by this company please contact my office immediately
to find out more.
My mortgage company is no longer accepting my payments. What will happen next?
The mortgage company will send you an ACT 91 Notice informing you of the
past due amount required to cure the alleged default. If you pay this
amount they have to start accepting payments. The notice will inform you
of your right to credit counseling along with a list of approved credit
counseling services in your area.
You should also send the mortgage company a letter called a
Qualified Written Request. Please feel free to contact my office and we can share a sample letter
with you and explain what this actually means to you.
What should I do if I am being threatened with a Foreclosure Action?
First, you must take action to defend it. The last thing you want to do
is ignore it. If you do nothing, this would allow the mortgage company
to file a judgment and schedule a sheriff sale. In a lawsuit, the mortgage
company must be able to supply certain facts to show that they even have
a right to sue you in foreclosure. They must prove that they are the current
mortgage company and that they are in possession of a valid promissory
note. They also must be able to provide an accurate loan history. They
cannot always do this. We know how to challenge the mortgage company on
these issues. You are not always on the losing end of these actions. What
you really need, if you are facing a foreclosure lawsuit, is to gather
as much information as possible, so you can make choices about how to
defend yourself. I invite you to call my office and discuss it with me
Can anything be done to stop credit collection harassment?
Yes, in 1977 the U.S. Congress enacted the
Fair Debt Collection Practices Act (FDCPA) to protect consumers just like you from
harassment by collection agencies. This law provides exact guidelines as to how collection
agencies must conduct themselves which, amongst many other things, means
you should be treated with dignity and respect. Attorney Forbes takes
great pride in enforcing these laws on behalf of clients and as a
Philadelphia debt collection harassment lawyer, is able to aggressively apply the FDCPA to protect consumer's rights.
I've heard I can sue a collection company for abuse, is that correct?
The FDCPA allows consumers who have been victims of collection abuses to
sue the collection agency. When abuses have occurred, the common outcome
of these lawsuits is that the collection company will have to pay you
for their harassment plus my attorney fees. If you have been hurt by the
actions of the bill collectors, you may be able to recover damages as well.
Is there anything that I should be doing to help my case?
The first step is to call me for a free consultation on your case and a
review of what the collectors have been doing. Meanwhile, make detailed
notes of any conversations you've had with bill collectors. Save all
voice mails and phone messages! This is vital to your case. It is illegal
in our state to record calls without the person's permission but you
can retain your messages. Finally, save copies of all letters and notices
you have received from these agencies. This is the type of information
I need to proceed with legal actions to
stop the harassment.
I don't know what my rights are; can you give examples of abusive actions
that are illegal?
Items that credit collectors are not allowed to do include, but are not
- Calling third parties such as friends, family and neighbors in order to
collect a debt
- Constantly calling you or calling you before or after acceptable times
of the morning or night
- Calling your place of work after they have been told not to
- Using profane, obscene, insulting, loud or threatening language towards you
- Threatening lawsuits, wage garnishment or arrest for not having paid a debt
- Calling your cell phone without permission
- Make false statements of threats in order to get you to pay
- Continuing to call you after they have been informed you are represented
by a lawyer
I'm already having a hard time paying my debts, how can I afford an attorney?
There are several answers to this very important question. First, I don't
charge to consult about debt collection abuse and harassment cases. If
you and I, working as a team, decide to take on your case, I can represent
you in a lawsuit against the abusive collection company. If the case is
won, the collection agency will be responsible for my attorney fees. The
collection agency can also be required to pay the costs and expenses relating
Shouldn't I just pay what they are asking for and be done with it?
This would not be my recommendation to a client for many reasons. Collection
companies frequently have incorrect information on the debt that is owed
and may try to add charges to the amount that are not correct. They may
attempt to collect on debts that are beyond the statute of limitations
or that have already been resolved. At times, paying a debt does not make
it all go away. Collectors buy old debts, even ones that should no longer
be paid or that are not owed, and then use various methods to try to get
you to pay once again. These "zombie debts" keep coming back when they should have died long ago. When we talk,
I can go over how these debts can be put to rest once and for all.
What if I do owe the money, can they still keep calling me?
When money is factually owed, it does not mean that a bill collector is
allowed to intimidate, threaten or abuse you in any way. They still have
to follow the FDCPA guidelines and can be held financially accountable
if they don't.
Is there anything that can be done to defend against a credit card lawsuit?
Credit card lawsuits can not only be successfully defended against in many cases, but frequently
I can turn the tables on them. These collection agencies can be sued for
their illegal actions and end up paying you for their abuses. The important
thing is to not give up and to fight for your rights which is what I am
here to assist you with.
If you have any questions regarding credit collectors and their actions,
contact a Philadelphia debt collection defense attorney