More Floridians are dealing with the consequences of unpaid bills and debts that have gone to collections than you might think. Sadly, many debt collectors will go to some unscrupulous lengths in an attempt to collect a debt.
However, some of these practices are illegal and can wreak havoc on your life. You may even find yourself the subject of a lawsuit. Make sure you protect your finances and your future. Contact an experienced Florida debt defense lawyer at Sharmin & Sharmin P.A. to further discuss your debt defense strategy.
Sharmin & Sharmin P. A. is the go-to law firm in Florida for identity theft, credit report errors, and debt defense strategy. When you are dealing with litigation from a creditor, you need the right legal advocate on your side. Sharmin & Sharmin P. A. is the right choice for you when you need:
A law firm with substantial fair credit reporting act experience
More than two decades of collective legal experience
No costs or attorney fees unless we win your case
But our most important value is to be there to support our clients during these emotional and difficult times in their lives. We understand how scary these times can be. With our help, we can protect your future and that of your family.
How Sharmin & Sharmin P.A. Can Help With Your Debt Defense
Debt collectors can be relentless. Harassing phone calls, attempts to contact you at work, threats, and other violations of the Fair Debt Collection Practices Act (FDCPA), are against the law. When this happens, our firm can help you avoid the devastating consequences. We will work hard to help you:
Avoid wage garnishment
Avoid a money judgement
Hold unethical debt collectors accountable for harassment
Obtain full compensation for your suffering
These are just a few of the ways our Florida debt defense attorneys at Sharmin & Sharmin P.A. could help you fight back when you are being treated unfairly.
Florida Student Loan Debt Options
Exorbitant student debt has had a crippling effect on Floridians as well as those in the rest of the country. Americans owe more than $1.78 trillion in student loans. The debt that students undertake to be able to compete in the workforce often cripples them and leaves them feeling overwhelmed and underwater.
If you are buckling under the weight of student loans, the Florida debt defense attorneys with Sharmin & Sharmin P.A. are here to help. We have experience making the challenges of student debt easier to manage.
There is not one simple way to address all student loan debt, and at Sharmin & Sharmin P.A., we take a customizable approach to our client’s specific circumstances. Let us take a look at the loan debt you carry and see which of the following options might work best for you:
Loan rehabilitation can effectively remove the blight it might have created on your credit and is a good remedy for a loan that is in default.
Consolidating your loans may extend your payments but will make them more affordable.
Federal student loan forgiveness is an option given to public servants who agree to exchange shortened terms for their student loan repayments without having tax consequences for offering their services.
Deferment of your student loan might be a good idea if you struggle financially due to a temporary setback like being let go from your job. This could postpone your loan payments for a particular amount of time for you to recover from the setback.
Speak to one of our Florida debt defense attorneys with Sharmin & Sharmin P.A. about the possibility of loan cancellation, loan forgiveness, or administrative discharge.
Repayment may be your best option.
Handling Private Student Loan Debt
If you carry private student loan debt, do not despair, the team at Sharmin & Sharmin P.A. can help you too. Talk to one of our student debt defense attorneys in Florida about your options, which may include the following:
Repayment Plans for Students Loans
Students who have debt may find relief through federal and state student loan repayment plans. By coming up with a strategy to pay back your loans with a payment that you can afford based on your income can be a tremendous help. Typically, you will make payments over a designated period, and at the end of this time, your remaining debt will be forgiven.
Sharmin & Sharmin P.A. can outline your options and advise you about the best course of action to begin recovering from your student loans.
Understanding Debt Collectors
Florida citizens struggle with debt, unemployment rates are high, and there are higher than the national average credit problems. Bankruptcy rates are high here, and our citizens are living from paycheck to paycheck, barely making ends meet. This can lead to debt collectors harassing you daily.
Often, Floridians make difficult choices concerning whether they will pay their bills or if they will be able to feed their families. Creditors and debt collectors often employ aggressive techniques to collect from you. This might include harassment, which is prohibited according to federal and state laws.
If you attempt to handle your creditors and debt collectors on your own, you are almost sure to fail. Call Sharmin & Sharmin P.A. and allow us to raise your odds of success. The debt collectors who are trying to intimidate you will be intimidated when faced with our legal team. We understand when they are infringing on your rights and will not allow it to happen.
When to Hire a Debt Collection Defense Attorney
When you are drowning in debt, you may wonder if you should even attempt to hire an attorney. Below are some warning signs you can use as a rule of thumb when determining if you should hire a lawyer.
When you cannot pay your loans back
It might be time to call if debt collectors call you at home and work.
You are receiving unfair treatment from debt collectors
You are facing a lawsuit filed against you by your creditors
You are disputing the bet you are being approached to pay
Sharmin & Sharmin P.A. Can Help You With Debt Collectors
While defending your debt on your an option, it is probably not the best one. The creditors who are constantly calling have teams of attorneys skilled in aggressively pursuing those in debt behind them. These attorneys manage cases like yours constantly.
The good news is, so do we. At Sharmin & Sharmin P.A., we also have experience defending against debt collection. With us by your side, you will be informed and understand every avenue available.
Your Creditor May Try to Sue You
If your creditor decides to file a debt lawsuit against you, there is a solid chance that we will challenge their legal right to sue you. You must respond to the lawsuit. If you do not, the judge will allow them to file a lawsuit against you without showing proof.
By not responding, which is your prerogative, the court will translate your lack of response as your agreement that the allegations against you are fair. We will challenge that idea before the court, making the debt collection agency show their proof, which often is not as damning as what they claim.
The Burden of Proof
Once the debt collection agency serves you with papers referring to your debt, they must present the burden of proof for the following things:
They must prove they have the right to file a debt lawsuit against you.
The creditor must prove that you are the person who is liable for the debt.
The credit collection agency or creditor must demonstrate the specific amount owed by you.
One strategy that the team at Sharmin & Sharmin P.A. might employ is challenging the creditor to prove the amount owed. If you owe $8,000, we will request a full accounting of every dollar owed. It is common practice for accounts to be bought out by other companies throughout the course of a debt, meaning sometimes the information about what is owed can get lost along the way, or at least it can be difficult to locate, meaning that the timeline for doing so might make it unattainable.
If this is the case, by challenging the amount, the amount you owe may be settled at a much smaller amount, or the case could be dismissed altogether.
Statute of Limitations
The Florida statute of limitations puts a time limit on the length of time a debt collector has to sue you. Creditors have up to five years to pursue a lawsuit for written contracts such as personal loans. The statute of limitations begins on the last day of loan activity. Meaning the last time you made a payment or the last time you made a charge on a card.
Speak to the debt collection defense team at Sharmin & Sharmin P.A. before you make a payment. Depending on how long it has been since you were active, this may not be the best idea. The clock will restart as soon as you make a payment, which means the time the company has to sue you is back to five years.
One of the strategies debt collectors use is offering to accept small payments so that they have more time if they decide to sue you down the road. Your debt collection attorney can offer you invaluable advice about how to best proceed.
A Countersuit Might Be a Viable Option
At Sharmin & Sharmin P.A., upon reviewing your case, we may find that the company attempting to collect your debt is in violation of the law. If this happens, we might determine that the best course of action is to countersue them. They could owe you legal fees and compensation for damages.
Bankruptcy Might Be Worth Discussing
Though bankruptcy feels like an intimidating option, if you are struggling with your debts and unable to see any way to pay them, it could be the best option for you. We will prepare the bankruptcy filing, and all collection attempts will stop.
Be aware that bankruptcy is harmful to your credit, but so is missing payments month after month. By filing for bankruptcy, you can clear the deck of creditors owed and can begin to work towards better credit beginning now, rather than waiting and struggling for years.
There are several types of bankruptcy. Commonly, Chapter 7 and Chapter 13 will meet your needs. However, your attorney will advise you after reviewing your case.
Stopping Debt Collectors From Harassing You
Owing money is incredibly stressful. Constantly hearing from debt collectors and being reminded that you are drowning in unpayable debt can deeply and negatively impact your quality of life. At Sharmin & Sharmin P.A., we are here to help end the debt collector’s threats against you.
Risks of a Debt Collection Lawsuit
Debt collection lawsuits can be far more impactful than you might think. Just because a debt collector starts harassing you does not mean that you are automatically required to pay that debt. Especially in cases where the debt is not valid, you have the right to defend yourself. Without the right legal representation, you risk:
Having a money judgement against you
A drop in your credit score
The worst mistake you can make is ignoring the debt collection lawsuit entirely. Failure to take action will automatically result in a default judgement against you. If this happens, you will have lost the opportunity to contest the debt and it will be your legal responsibility to pay it.
Do not put yourself or your family at risk. Make sure you have a trusted legal advocate on your side to help present a strong Florida debt defense.
Get Help From a Debt Defense Lawyer in Florida
If you have had a lawsuit filed against you for a debt, you have the right to defend yourself. Get help protecting your finances and your future when you call an experienced Florida debt defense lawyer at Sharmin & Sharmin P.A. If you believe a credit report error could have impacted your debt situation, contact a Florida credit report error lawyer today.
Schedule your initial consultation when you fill out our online contact form, or call our office at 561-655-3925 to get started on your case.
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