Debt Defense

Debt Defense
The Federal Trade Commission has published a study finding that debt buyers pay, on average, 4 cents per dollar of debt, and that most debt buyers receive no documentation of the underlying debt at the time of purchase. These findings can impact you in a number of ways.

First, even if you agree that you owe the underlying debt, it would be safest to ensure that any entity claiming to have the right to collect it actually does. Additionally, some courts have increasingly found that debt buyers routinely fail to have admissible evidence needed to win a lawsuit. Because of this, it is important to always consult an attorney if you receive a summons.

Some debt buyers may file a lawsuit hoping that you won’t respond so that they can get a default judgment. The Consumer Financial Protection Bureau has taken action against some debt buyers for this practice. Alternatively, if you do attend court without an attorney, some debt buyers may also try to convince you to sign an agreement for judgment with a payment plan. This essentially provides them a better outcome than a default – they get the judgment in the full amount as well as an agreement from you to make payments.

Brine Consumer Law accepts debt defense cases at all court levels throughout Massachusetts: small claims, district court, and superior court. Many of these cases can be taken on a low-cost flat fee agreement. Phone consultations are free, so contact Brine Consumer Law today to discuss.

Some of the major debt collectors in Massachusetts are: Midland Funding LLC, Midland Credit Management, LVNV Funding, CACH, Waterfront Capital, and National Collegiate Student Loan Trust.

Some of the major debt collection attorneys in Massachusetts are: Lustig, Glaser & Wilson, Law Offices of Howard Lee Schiff, Cambece Law, Kream & Kream, and Schreiber/Cohen LLC.

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