Debt collection defense

We can help you if you have been sued for an alleged debt, such as an old credit card, a repossessed car, or a student loan. You have rights under federal law that need to be protected.

There is the Fair Debt Collection Practices Act (The FDCPA). This protects your rights as a consumer when you are sued for an alleged debt that you owe. You may be entitled money damages and for attorney’s fees if that law is violated when a company attempts to collect a debt against you.

If a company contacts you at unreasonable hours, uses false statements (such as, “you can go to jail if you don’t pay the debt”), or if they talk to your friends and family about the debt, they are violating the law. They may call up a family member to get in contact with you, but they cannot say why they are calling. Neither can they sue you if your case is outside the applicable statute of limitations. In Pennsylvania, people have four years to sue. If they are late, they cannot sue.

There are companies known as debt buyers—they buy debt and then attempt to sue you. So a company that you don’t recognize may contact you. Some of the big names include, Portfolio Recovery Associates, Midland Funding, Calvary Portfolio Services, and Atlantic Credit & Finance. You have defenses against this as well as legal rights, and should contact immediately an experienced debt collection attorney.

Here at the Law Office of Marc R. Gordon, we offer a free initial consultation and charge a reasonable fee based on the complexity of your case. Many times, we can get the case dismissed or settled for a lot less—where you can make a monthly payment.

I’ve been sued—what should I do?

  1. Contact an experienced attorney who is very familiar with your legal rights as well as the tactics of the companies that file these lawsuits
  2. At the Law Office of Marc R. Gordon you will have a free initial consultation where we will discuss the lawsuit, and after our review, we will begin to plan your defense.
  3. Your defense may cover a number of areas, such as you actually don’t owe the money, were not sued in a timely manner, never borrowed the money, or problems with the account that was sold to a debt buyer.
  4. What sort of outcome can I expect? All cases are different, but the chances of success are much better if your debt was sold to a third party. A third party may not have all the details of your transactions.