Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

U.S. District Court in NY Grants Debt Collector Motion to Certify Important FDCPA Issue

In an Order dated this month, a Federal Judge in New York determined that a decision he rendered in the matter of Halberstam v. Global Credit and Collection Corp.(U.S. District Court, ED, NY, 15-cv-5696 (BMC) be certified for an immediate interlocutory appeal.

The Fair Debt Collection Practices Act (FDCPA) case involved leaving a message with a person who answers the debtor’s phone.  The issue presented in the case was whether a debt collector, whose phone call to a debtor is answered by a third party may leave his name and number for the debtor to return the call- without disclosing that he is a debt collector – or whether the debt collector must refrain from leaving call back information and simply attempt to make the call at a later time.

In the May 5, 2016 Memorandum, Decision, and Order Judge Brian M. Cogan wrote:

 “I had no doubt, and I remain of the view, that the purpose of leaving such a message was to induce plaintiff to return the collection agent’s call without knowing that he was calling a collection agent. Describing the purpose of the call to a third party as a “personal business matter” was at least as suggestive, and probably more, of a business opportunity for plaintiff to make money as it was of its true purpose, which was to cause plaintiff to pay money. I granted summary judgment for plaintiff because I found that by leaving a message for plaintiff with a third party that was calculated to induce a return call without the debtor knowing that he would be calling a collection company, defendant violated section 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”).

The Fair Debt Collection Practices Act (FDCPA) was designed to help prevent creditor abuse and harassment.

Further, the issue of whether leaving a message with a third party violates the FDCPA has the potential to impact a large number of other cases, as well as debt collection practices more generally.”

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How to Conquer Your Medical Debt

Millions of Americans struggle with medical debt. In fact, studies show that between 2005 and 2013, medical debts were the single largest contributor to personal bankruptcy filings in the U.S.

The Consumer Financial Protection Bureau (CFPB) said that half of all overdue debt on credit reports is medical debt; one in five credit reports contain overdue medical debt; and 15 million consumers have only medical debt on their credit reports.

Unfortunately, many Americans do not fully understand their rights and protections when it comes to medical debt. Understanding medical debt collection laws can help you better manage your medical debt.

What to do if your bill contains an error.

Medical debt collection laws vary by state, but in most states healthcare providers and debt collection agencies are allowed to contact you regarding a debt that you owe. However, you are allowed to challenge that debt if you believe it is incorrect.  You can also tell the debt collector to stop contacting you. According to Exhale Healthcare Advocates, more than 50 percent of all medical bills contain errors, so it is important to contest your medical bills if you believe there is an error.

In order to challenge your medical bill, you must first ask for an itemization of the bill and request an internal audit. There are websites you can visit that will show you what fair prices for medical services should be, based on your location and zip code, such as www.healthcarebluebook.com. If you feel that your bill contains an error or you have been overcharged for a medical service, you should contact an attorney.

What to do if your insurance company denied your claim.

If your health insurance company has denied your medical claim, you can appeal the company’s denial. Before you do so, it is important that you know and understand the guidelines, including all of the fine print within your insurance policy. Most patients can get the claim denial overturned after one appeal; however, this can be a long drawn out process.

What to do if you are being harassed by a debt collection agency.

It is imperative that you understand your rights under the Fair Debt Collection Practices Act (FDCPA), since medical debts are considered consumer debts. This means all protections of the FDCPA apply to third party debt collectors if your debt is in default. If you feel that your rights have been violated under the FDCPA, you should contact the CFPB and file a complaint.

How to pay down legitimate medical debt.

  1. Do not pay your medical bills before you know how much your insurance company is going to cover.
  1. Never pay more than you owe based on your insurance coverage. For example, if your healthcare provider tries to charge your insurance company $300 for a Band-Aid, and your insurance company only pays $5. The hospital can come after you personally for the rest. This practice is called “balance billing” and is on the rise.  Many Floridians are at risk for balance billing and are often unaware of the financial consequences.  Individuals who run the greatest risk are those who have health policies from a private company that is not an HMO.  Most are PPOs, preferred provider organizations.  Those in an HMO would see all their bills covered: ambulance, hospital and doctors.  But those who have another type of health insurance could be faced with astronomical medical bills after a trip to the ER or hospital.
  1. If you receive medical bills that you legitimately owe, contact your healthcare provider to work out a monthly payment plan that works with your financial situation.

 

Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney. In bankruptcy, medical bills are considered general unsecured debts just like credit cards. This means that medical bills do not receive priority treatment and can easily be discharged in bankruptcy. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:
http://health.wusf.usf.edu/post/bruising-battle-over-balance-billing#stream/0

http://blog.credit.com/2016/02/help-im-in-serious-debt-with-medical-bills-137177/

 

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

12 Times You Can Sue a Debt Collector

Millions of Americans struggle with debt and in turn have to deal with collection calls.  While some debt collectors abide by the legal debt collection practices, many do not.  Fortunately, there are protections in place that allow consumers to fight back if debt collectors violate their rights. A strong federal law, called the Fair Debt Collection Practices Act (FDCPA) protects consumers against unfair collection practices and helps prevent creditor abuse and harassment.

Below are 12 times when you can sue a debt collector.

  1. Calling early & calling late. Debt collectors should not be calling you before 8:00 a.m. or after 9:00 p.m. It is a violation of the Fair Debt Collection Practices Act (FDCPA) for a collector to call at a time that is known to be inconvenient. This is typically a time you are away from work, at home with your family or sleeping.
  2. Calling at other Inconvenient Times. If you have told a collector not to call at a certain time, that is also a violation of the FDCPA. If you work nights and tell the debt collector not to call you during particular hours, they cannot do so.
  3. Discussing with Third Parties. Debt collectors cannot call a family member and say that you owe them money. This is another violation of the FDCPA. They can call and ask how to reach you, but they cannot discuss your debts with anyone besides you. The only exception is that debt collectors can contact your spouse.
  4. When a Lawyer’s Involved. If a debt collector knows you have hired an attorney and they contact you that is a violation of the FDCPA. The reason is that the consumer may be in the process of filing for bankruptcy.
  5. Making False Threats. If collectors make threats and do not follow through, that is a violation of the FDCPA. This can include both legal threats such as a lawsuit, or any other type of threats.
  6. Calling the Wrong Party. If a collector has the wrong number and continues to call you after you have told them who you are, that is grounds for a lawsuit. The collector may think that you are lying about your identity, so they keep calling, thinking that you will come clean.
  7. Using Pre-recorded or automated voice calls. “Robocalls” are an illegal form of debt collecting. The Telephone Consumer Protection Act (TCPA) prohibits any company to use automated or pre-recorded calls to collect debts.
  8. Using Automatic Phone Dialing Systems. Telephone systems that automatically dial numbers one after another and can contact consumers up to five times per day are illegal under the TCPA.
  9. Misrepresenting the Nature of the Debt. Oftentimes, debt collectors pressure family members of deceased relatives to pay their debts by saying they are responsible, even if they are not. This is illegal and has severe penalties.
  10. Threatening Violence. Under no circumstances is a debt collector permitted to threaten violence to coerce consumers to pay their debts.
  11. Using Profanity. The FDCPA protects debtors from verbal abuse such as the use of obscene or profane language. If it is meant to cause harm, it is grounds for a lawsuit.
  12. False Representation. If a collector does not disclose who they are or why they are calling, that is a violation of the FDCPA. Collectors must disclose to the consumer who they are and that they are attempting to collect a debt either in writing or over the phone.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Bankruptcy Code & Debt Collection Laws Clash in Court, Again

Another court has found that when a creditor files a claim in bankruptcy that the creditor knows is barred by the statute limitations, it is not a violation of the Fair Debt Collection Practices Act (FDCPA).  The FDCPA typically protects consumers from fraudulent attempts to collect a debt.  However, the Bankruptcy Code explicitly allows creditors to file time-barred claims, creating a possible conflict in federal laws. Under Section 502 of the Bankruptcy Code, any filed claim is deemed allowed if no one objects.

As a result, the courts in Florida and other parts of the country are split on whether or not filing a stale claim violates the FDCPA in bankruptcy. For example, in 2014 there was a controversial case involving a creditor filing a proof of claim in bankruptcy after the statute of limitations to collect had expired. In this case, courts were split on whether or not it violated the FDCPA to file a stale claim in bankruptcy, especially within the Eleventh Circuit. This issue has given rise to a circuit split and could potentially reach the Supreme Court.

In the most recent ruling, Ana Castellanos filed a complaint alleging violations of the FDCPA, including “(1) making a false representation of the legal status of a debt; (2) using a false representation and deceptive means to collect a debt; and (3) using unfair and unconscionable means to collect a debt.” The district court in this case noted that, “the Bankruptcy Code provides the debtor a means to object to impermissible proofs of claim, such as those that are time-barred.”

The court ultimately ruled that even though the FDCPA and the Bankruptcy Code guidelines are conflicting, the FDCPA must yield to the Bankruptcy Code. In Florida, FDCPA claims can proceed while in other parts of the country they cannot. This strong federal law protects consumers against certain unfair collection practices, including:

  • Calling you repeatedly to annoy or harass you.
  • Trying to collect more than you owe.
  • Failing to send a written notice of the debt.
  • Threatening violence.
  • Threatening dire consequences (i.e. – lawsuits, criminal prosecution, wage garnishment, jail time, permanently ruining your credit, etc.)
  • Using profanity and abusive language.
  • Calling before 8 a.m. or after 9 p.m.
  • Revealing debt to third parties (i.e. – family, neighbors, friends, co-workers, etc.).
  • Contacting you at your work, after you have requested them to stop.
  • Failing to verify disputed debts.
  • Ignoring cease communication requests.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

A WIN for Consumers! FTC Announces Major Enforcement Action against Debt Collectors

The Federal Trade Commission and other law enforcement authorities around the country have announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices.  This nationwide crackdown encompasses 30 new law enforcement actions by federal, state and local law enforcement authorities against debt collectors who use illegal tactics.  These tactics include, but are not limited to: harassing phone calls, phony impersonations, false threats of litigation, wage garnishment – even arrest.

It has been documented that collectors even tried to collect on so-called phantom debts – phony debts that consumers do not actually owe. The illegal practices also included the failure to give consumers legally required disclosures and notices, or to follow state and local licensing requirements.

“Being in debt is stressful enough for many Americans without also being subjected to intimidation and false threats,” FTC Chairwoman Edith Ramirez said. “Debtors have certain rights and rogue collectors that step outside the law will face the consequences of illegal behavior.”

According to the complaint, the defendants also failed to identify themselves to consumers as debt collectors, falsely portrayed themselves as process servers or attorneys, and falsely threatened arrest or litigation. The defendants unlawfully disclosed consumers’ debts to third parties in an attempt to embarrass the consumers into paying them.  All of these are in violation of the Fair Debt Collection Practices Act (FDCPA), which was designed to help prevent creditor abuse and harassment.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Calling You? Make sure you know your rights.

In honor of National Consumer Protection Week, at the law firm of Kingcade & Garcia we want to take a moment and educate you on your rights as a consumer. There are few things more frustrating than being harassed by a debt collector for a bill you cannot pay. There are federal laws that protect consumers from inappropriate and deceptive debt collection practices.

The Fair Debt Collection Practices Act defines consumers’ rights when it comes to dealing with debt collection agencies and regulates what debt collectors can and cannot do legally when collecting on a debt. A collection agency has the right to call you at your home or workplace within reasonable hours, unless you specifically ask them not to do so. Within five days of calling you, a collection agency is required to send you a written confirmation stating the amount you owe and the name of the creditor.

If you do not believe you owe the debt, you can send the agency a letter explaining this within 30 days of receiving the notice, according to the Federal Trade Commission. With the letter, include any proof that the debt is not yours. The collection agency must cease contacting you at this time, unless it can send you written verification that the debt is in fact yours.

If the debt is yours and you want the agency to stop contacting you, you can send a letter requesting this. After your letter has been received, there are two instances in which you may still be contacted by the debt collector:

• The collector may contact you to let you know there will be no further contact;
• The collector may contact you to let you know that a specific action will be taken (i.e. – filing a lawsuit against you). If this is the case, it is important that you respond to any court summons you receive, otherwise you forfeit your right to fight a wage garnishment and the debt collection agency can take money directly out of your bank account.

Important Tip: Make sure you keep copies of communication you have had with the debt collection agency. This will be of great importance if legal action occurs.

Debt collectors can also contact third parties (typically only one time) to find out general information about you (i.e. – your address, phone number or place of employment.)

What Debt Collectors Cannot Do:

Contact you at unreasonable hours. Debt collectors cannot contact you during unreasonable hours, before 8 a.m. or after 9 p.m. They also must quit calling you at your place of employment if you notify them in writing or over the phone that you cannot accept calls there.
NO harassment. A debt collector cannot harass you about a debt you owe. Harassment can include threats of violence, obscene language, multiple phone calls or publishing your name publicly because you owe a debt.
NO unfair collection practices. A debt collector may not engage in unfair collection practices (i.e. – trying to collect more than you owe, depositing a post-dated check early or taking your property when they are not legally allowed to do so).
NO double dipping. If a collection agency has more than one of your debts, it cannot apply payments you make to one debt to another. It also cannot apply payments to a debt you say you do not owe.
NO lying. A debt collector cannot lie to you in an attempt to collect on a debt. These lies can include falsely representing him or herself as an attorney, government official or someone else; accusing you of committing a crime; stating you owe more than you do. Debt collectors cannot threaten legal action or wage garnishment will occur if this is not the case. They also cannot give false credit information or lie about the agency they work for.

If you have an attorney representing you, the collection agency has to talk to your attorney, not you. As a general rule, a debt collector cannot discuss your debt with anyone besides you, your spouse and your attorney.

If you have questions regarding the Fair Debt Collection Practices Act, click here to watch this short video.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:
http://www.nerdwallet.com/blog/credit-card-basics/debt-collectors-consumer-rights/

Bankruptcy Law, Credit, Timothy Kingcade Posts

Protecting Military Service Members from Predatory Loans Issue of National Security

Laws such as the Military Lending Act are intended to reduce service members’ likelihood of ending up in debt to predatory creditors by capping interest rates on loans at 36%; prohibiting “roll over” loans where the borrower pays off an existing debt with another loan (usually with less favorable terms); eliminating forced arbitration with creditors; banning creditors from requiring that they carve out an automatic amount of money from their paycheck to pay back your loan; and forbidding prepayment penalties for borrowers who pay back some or all of the loan early.

These rules, which protect our military are not just about doing something nice for our soldiers, it is an issue of national security. While it is unfortunate for any consumer to end up with revolving debt, there are particular concerns when the borrower is a service member.  Someone looking for unauthorized access to military information or assets may be able to leverage that debt in their favor. This is why service members with significant debt on their credit reports may end up having their security clearance lowered or taken away. Some debt collectors are using this as leverage when trying to get service members to pay up, threatening to reveal their financial situation in a way that will negatively impact their position in the military.

According to the Consumer Financial Protection Bureau, some debt collectors have even threatened to tell the soldier’s superiors about the debt and when their status comes up for review. Such contact is illegal as outlined in the Fair Debt Collection Practices Act.  Even if a soldier’s security clearance is damaged by debt, they can appeal their case to an Administrative Judge of the Defense Office of Hearings and Appeals, where they will be given a chance to explain how they ended up in debt and what they are doing to address the problem. This can include the soldier showing that they are currently living within their means; that they are making a good faith effort to resolve the unpaid debts; disputing debts that are not theirs, etc.

Click here to read more on this story.
http://consumerist.com/2015/01/09/protecting-military-servicemembers-from-predatory-loans-is-a-national-security-issue/

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Consumer Protections: Fair Debt Collection Practices Act & Florida’s Wage Garnishment Exemptions

When you are struggling to make ends meet financially, it can be frustrating to have debt collectors calling you or even worse, having your wages garnished. A strong federal law, called the Fair Debt Collection Practices Act, protects consumers against certain unfair collection practices, which include:

• Calling you repeatedly to annoy or harass you.
• Trying to collect more than you owe.
• Fail to send a written notice of the debt.
• Threatening violence.
• Threatening dire consequences (i.e. – lawsuits, criminal prosecution, wage garnishment, jail time, permanently ruining your credit).
• Using profanity and abusive language.
• Calling before 8 a.m. or after 9 p.m.
• Revealing debt to third parties (i.e. – family, neighbors, friends, co-workers, etc.).
• Contacting you at your work, after you have requested them to stop.
• Failing to verify disputed debts.
• Ignoring cease communication requests.

Following the 2008 recession, Florida legislatures have made changes in the laws to help individuals and families struggling to keep their homes and stay out of debt. Under Florida Statutes Section 222.11, there are specific exemptions laid out for those who are having their wages garnished by creditors, the IRS and hospitals.

Section 222.11 provides exemptions from wage garnishments if:

• You are the head of the household and earn more than $750 a week in disposable income (unless the person agrees to this in writing).
• If you are exempt from wage garnishments, your accumulated income deposited in a financial institution is also exempt for six months after the deposit.
• Any persons not considered “head of the household” are also exempt from having 75 percent of their earning garnished (over six-month period).
• If the head of the household does earn more than $750 a week in disposable income, creditors cannot garnish wages unless they receive written permission specified under the statute.

If you have any questions on the topic of wage garnishment or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:
http://blog.credit.com/2011/04/eleven-ways-a-debt-collector-may-be-breaking-the-law-18624/
https://www.youtube.com/watch?v=5o-ci9nVEgA

Foreclosures, Timothy Kingcade Posts

Lawsuit aims to stop collection attempts on mortgage debt from old foreclosures

A lawsuit filed last week in federal court is hoping to block collection attempts on unpaid mortgage debt from foreclosures that took place years ago. A deadline change in the state’s law started a mass filing this year of deficiency judgment claims against defaulted borrowers, including at least 110 lawsuits in Palm Beach County since June 1.

The problem is that the claims violate the Fair Debt Collection Practices Act in cases where the suit is filed in Florida, but the borrower has since moved out of state. There is a class action lawsuit being sought in the Middle District of Florida on behalf of Massachusetts resident Richard Simpson, who lost a Jacksonville home to foreclosure in 2009.

Simpson was sued for a $26,651 deficiency in February, but many of the claims are for amounts greater than that. It is typically the difference between what the home is sold for at auction and the remaining mortgage debt.

The goal is to sue the out-of-state defendants who have just 20 days to respond, and then get a default judgment when they do not respond on time. Approximately 10,000 deficiency judgment claims have been filed in Florida.

Many homeowners are taken completely by surprise, unaware that the banks have a right to do this. Deficiency judgments used to be so rare that underwater homeowners simply took the chance and walked away, thinking the worst thing that could happen is that they lose their home.

A change in Florida law that went into effect July 1, 2013, reduced the timeline that banks and mortgage companies have to file for a deficiency judgment from five years to one year after a foreclosure is final, which is when the home is sold at auction.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources: http://www.mypalmbeachpost.com/news/business/real-estate/lawsuit-aims-to-stop-collection-mortgage-debt-from/ng464/#5234aa19.3828699.735463

Bankruptcy Law, Credit, Timothy Kingcade Posts

4 Ways Debt Collectors Abuse Your Rights

Debt collectors often resort to abusive practices to try and collect on a debt. This can include lying, using profanity and even intimidating you to try and get you to pay up. Many consumers do not know that they have rights when it comes to these abusive debt collection practices. The Fair Debt Collection Practices Act (FDCPA) protects consumers from harassing phone calls, threats and abusive language debt collectors often use to obtain payment.

Do not be a victim to these most commonly used debt collection practices:

Threats of garnishment / criminal action. If a debt collector calls and threatens to garnish your wages, it’s a lie. The only exceptions are for student loan debt and taxes. A debt collector must sue you, first and this can take months.

Calling too late or too early. The law states that a debt collector can only call you between the hours of 8 a.m. and 9 p.m. in your time zone.

Calling your neighbors or employers. Debt collectors cannot reveal who they are or why they are calling. If they do not abide by this, they run the risk of having a lawsuit filed against them for releasing third party information.

Not putting it in writing. Do not settle a debt if it is not put in writing by the debt collector. If you give a debt collector access to your bank account, they can take everything and leave you with nothing to pay your rent and bills.

These tactics are illegal and should be reported to the U.S. Consumer Financial Protection Bureau (CFPB). To learn more about the FDCPA and the protections it offers, watch this short video: https://www.youtube.com/watch?v=5o-ci9nVEgA.

If you have any questions on this topic or are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources: http://www.daveramsey.com/blog/4-top-ways-debt-collectors-abuse-your-rights