Merchant cash advances (MCAs) can seem like a lifesaver for small businesses in a bind. MCA providers like Blursoft, Credibly, and Reliant Funding provide businesses with a lump sum cash injection. The business then repays the advance with a predetermined percentage of their debit and credit card sales. This business financing solution is utilized by early start-ups or small business owners who would be unable to qualify elsewhere, potentially due to a bad credit score rating or unstable revenue.
MCAs are known to have very high fees and often lead the borrower into an unending cycle of debt. In fact, many people and regulators believe the practice should be banned. BUT proponents of MCA’s believe they serve a very real purpose by helping businesses (usually struggling businesses, to be specific) obtain the funding needed to keep the operation alive. They wouldn’t meet traditional lenders underwriting criteria, leaving MCA providers the only viable option.
Let’s take a closer look at this unique business financing solution and what to do when you can’t foot the bill.
What is a Merchant Cash Advance?
A merchant cash advance, or MCA, provides businesses with access to a lump sum of cash in exchange for a percentage of their future sales. A merchant cash advance is not technically a loan. Rather than a financing agreement, the provider purchases a portion of the business’s future debit and credit card sales for a certain period of time.
Here’s how it works:
A+ Construction Co is six weeks into an 8-week project. Half of the project was funded upfront to cover labor and materials, and the other half is due upon delivery. Five weeks into the project, they hit a gas pipe, and the repair put them $8,000 over budget. This is fine, but the cost left the business owner struggling to cover payroll. They need funding to help them navigate the next two weeks until the project is complete. Since they can’t qualify for a traditional business loan, they reach out to companies that offer business cash advances like Blursoft, Credibly, and Reliant Funding to get the funds to meet payroll. After reviewing the available options, A+ Construction Co decides to get an advance of $10,000 with a 20% holdback. This means that for the next eight weeks, instead of keeping all of their credit and debit card sales, the vendor will take 20% of each sale until they’ve recouped the $10,000 they advanced to A+ Construction Co.
That’s not considering the fee, of course.
In addition to the initial advance, the MCA provider will also charge a fee for the transaction. This fee is usually expressed as a factor rate. For example, if A+ Construction Co gets an advance of $10,000 and pays back 20% of their sales with a 1.35-factor rate, they will pay back about $13,500 by the end of the eight weeks.
The biggest downside to merchant cash advances is that they are very expensive. The fees and repayment terms can translate to rates as high as 350%, which quickly turn what was meant to be a short-term solution into a long-term financial burden. Factor in the risks of a restrictive loan application process and contract, and the MCA proves to be a very risky and expensive form of business funding.
Also, unlike normal credit cards or personal loans, these types of agreements are usually not considered consumer debt. This means federal laws protecting consumers do not usually apply and the collection tactics can be more aggressive than they are with personal or consumer debts.
What’s in a Name?
When discussing merchant cash advances, we’re talking about an advance of money. As we shared before, they aren’t issuing a loan. Instead, they’re purchasing future sales. If that feels like wordplay, that’s because it is. This creative compliance allows the MCA provider to avoid licensing requirements faced by lenders. For the most part, MCA providers are not lenders, and a merchant cash advance is not a loan.
However
People say what people say.
Several other terms for business “loans” fall under this same umbrella. You may also hear of this approach to business financing referred to as:
business cash advance
business advance loan
business cash loan
business payday loans
vendor cash loan
merchant payday loans
vendor advance loan
small business loan
merchant advance loan
What happens if I can’t pay a merchant cash advance (Blursoft and other vendors)?
If you cannot make payments on your merchant cash advance, you risk several consequences. These can include penalties and fees from the provider, damage to your credit score, seizure of business assets, and legal action, to name a few.
Advances tend to have tense payment deadlines and high-interest rates, so it is essential to carefully consider your options before committing to one.
If you are struggling with your merchant cash advance or are struggling to make payments, there are several steps you can take. These can include exploring other financing solutions (ideally other conventional forms), negotiating with the provider for more favorable terms, or restructuring your business’s budget to accommodate the requirements of your advance.
If you’re still unable to get and stay current, it’s important to seek advice and guidance from a business debt settlement attorney. Do this as soon as possible to assess your business’s risk and find a solution that works for both you and your business.
Work With a Business Debt Settlement Attorney at National Legal Center
If you are struggling with a merchant cash advance or other debt, the experienced business debt settlement attorneys at National Legal Center can help. Our team works with lenders, creditors, and MCA providers to negotiate more favorable terms for your business and find solutions that fit your unique needs. Contact us today to learn more.
Struggling with debt? There ARE options. Request a free consultation today!
If you’re among the millions of people who have received a letter or lawsuit about a debt owed to Portfolio Recovery Associates, LLC, you probably have a few questions.
What is Portfolio Recovery Associates, LLC?
How do they operate?
Can I settle a debt with Portfolio Recovery Associates, LLC?
In this article, we’ll answer all those questions and more. We’ll explain the relationship between Portfolio Recovery Associates, LLC and companies like Credit One Bank, Resurgent Capital Services, and Credit Control, LLC. Then, we’re going to explore your options and touch on dealing with debt collectors in general. So, read on for all the information you need to know about settling debt with Portfolio Recovery Associates, LLC. and their affiliated companies.
Who Is Portfolio Recovery Associates, LLC?
Portfolio Recovery Associates, LLC is a debt buyer. That means they purchase unpaid debts from other companies for a fraction of the amount owed. They then try to collect on those debts to earn a profit. So, naturally, their goal is to buy low and collect high.
Portfolio Recovery Associates, LLC is one of the largest debt buyers in the United States, so it isn’t uncommon to see their name when you have accounts fall behind and go to collections.
Once Portfolio Recovery Associates has acquired a debt, they have a few options that they can exercise right away or in the future. To name a few, they may:
Collect on the debt directly
Hire a third-party collection agency to pursue collections
Place the account with a law firm for collection and/or litigation
Do nothing
Resell the account to a different debt buyer
Is Portfolio Recovery Associates a Legitimate Debt Collection Company?
Yes, Portfolio Recovery Associates is a legitimate company. In fact, Portfolio Recovery Associates, LLC is one of the largest debt buyers in the United States. Portfolio Recovery Associates, LLC is a subsidiary of PRA Group, Inc. A previous iteration of the company was Portfolio Recovery Associates, Inc.
Just because they are a legitimate organization doesn’t mean you should let your guard down, though. We are a consumer rights law firm, and we encourage you to treat any call or letter asking you for money with a healthy amount of skepticism. The scammers of the world are known to piggyback off of other companies.
Double and triple-check to be sure you are truly communicating with the real Portfolio Recovery Associates, LLC before providing any personal information and falling prey to a scam. If it truly is a call, letter, or lawsuit from Portfolio Recovery Associates, LLC, they are indeed a legitimate debt buyer.
What Is the Relationship between Portfolio Recovery Associates, LLC and PRA Group, Inc.?
There are several entities working within the PRA-ecosystem. For example, when you have a debt that has been purchased by Portfolio Recovery Associates, LLC, you may also see PRA Group, Inc., or PRA Receivables Management, LLC.
With all these companies intertwined, it can get a bit tricky.
Rather than untangle the corporate web behind Portfolio Recovery Associates, LLC, suffice it to say that PRA is a debt buyer who also acts as its own debt collector.
Their various subsidiaries each play a role in their business processes. All have a deviation of the core “PRA” within their names and, for the most part, you’ll primarily see Portfolio Recovery Associates, LLC and PRA Group, Inc.
What Is the Relationship between Portfolio Recovery Associates, LLC, Credit One Bank, and Other Creditors?
Portfolio Recovery Associates, LLC purchases unpaid debt from lenders like Credit One Bank, SoFi, and others.
Once a debt has been purchased by Portfolio Recovery Associates, LLC, it is their right to try to collect on that debt. The original creditor no longer owns the debt, and all communication regarding the account will take place between you (or your debt settlement attorney) and the new owner of the debt or their collector.
Why Is Portfolio Recovery Associates, LLC on My Credit Report?
When Portfolio Recovery Associates, LLC becomes the new owner of your debt, their name will often appear on your credit report alongside the collection account. Their remarks may include their contact information, how long the account will remain on your credit report, and the account status, such as unpaid, paid in full, or settled.
Under the Fair Credit Reporting Act, they are able and expected to report accurate and verifiable information. If it is not accurate, if they cannot verify the information, or if it is not a valid debt, you may be able to remove Portfolio Recovery Associates, LLC from your credit report by disputing the remark. You’ll want to ensure the error is corrected with each of the three credit reporting agencies: Transunion, Experian, and Equifax.
One special thing about Portfolio Recovery Associates and credit reports, right now they have a business policy of asking the credit bureaus to delete any tradelines of resolved accounts from the consumer’s credit report. This means for the time being, once an account is settled PRA will remove their name and account history from the credit file. A business policy is not required, the law does not require this deletion. It does nothing to the original creditor’s tradeline. The policy could change tomorrow, there is no guarantee that they will continue to delete accounts after resolution, but of course we hope that they will!
What Should I Do If I Receive a Letter or Call from Portfolio Recovery Associates, LLC?
If you’re receiving calls or letters from a debt collector at Portfolio Recovery Associates, LLC or PRA Group, Inc., there are actions you can take and rights that protect you as a consumer in debt.
First, read the Attorney’s Guide to Reading a Collection Letter. This will explain the core elements of the letter you received and the laws that collection agencies need to follow when sending letters about collection accounts.
Then, determine your next steps.
Are you sure you owe the alleged debt to Portfolio Recovery Associates, LLC? If not, you might consider sending a debt validation letter. With a bit of research and legwork, you can attempt to do this on your own. If you’d like a free consultation with a law firm familiar with disputing debts, contact our team here at National Legal Center.
If you are sure the debt is valid, can you afford a payment plan to resolve or settle the account? Make sure any arrangement is affordable and doesn’t leave you falling behind on other obligations.
National Legal Center negotiates with companies like Portfolio Recovery Associates, LLC, every day. Complete this short form to discover options to resolve debt with Portfolio Recovery Associates, LLC, and any other creditors you may have on your credit reports.
Is Portfolio Recovery Associates, LLC a Debt Collection Agency?
Yes and no. PRA is a debt buyer. They purchase debt, and then they have their debt collectors call in an attempt to collect the debt. The fact that they own the debt does raise questions on whether they are technically a debt collection agency. The title of being a “debt collector” brings along many requirements under the FDCPA.
If you feel you’ve been harassed or like your rights have been violated by debt collection companies, National Legal Center is here to help.
Can Portfolio Recovery Associates, LLC Sue Me?
Yes, Portfolio Recovery Associates, LLC may be able to sue you for the debt you owe. A debt collection lawsuit can be a frightening experience that you should take seriously. If Portfolio Recovery Associates, LLC sues you, it is important to seek legal assistance as soon as possible.
Failing to respond to a summons can result in a default judgment being entered against you. At that point, you’re susceptible to having wages garnished, money taken from your bank account, seizure of personal assets, and more.
National Legal Center offers a unique consultation specific to individuals facing lawsuits to discuss your case and determine the best course of action for you.
Should You Negotiate a Settlement with Portfolio Recovery Associates, LLC?
When Portfolio Recovery Associates, LLC is contacting you about a debt, negotiating a settlement is one option to resolve the debt.
A settlement is where you pay less than the total amount owed on the debt, either in a lump sum or over several monthly payments. Once you pay Portfolio Recovery Associates, LLC, the account is reported to the credit bureaus as settled in full (or similar), and they should not take further action.
If Portfolio Recovery Associates, LLC has filed a debt collection lawsuit, and you’re considering settlement, things change a bit. Of specific importance is the timing of the settlement.
For example, if the settlement occurs after Portfolio Recovery Associates, LLC issued a summons, you’ll want to make sure you know whether the court hearing was canceled. If not, you may still be expected to appear in court, even if only to share the details of the settlement.
If you settle a Portfolio Recovery Associates, LLC lawsuit after a judgment was entered, you’ll want to have documentation that confirms they will file a satisfaction of judgment with the court.
While you can ask the representative at whatever law firm is handling the matter for Portfolio Recovery Associates, LLC, it’s crucial to remember that they are not your attorneys!
Instead, they represent the other party, so it’s good to be skeptical and confirm anything they tell you. After all, their job is to collect the most funds possible on the accounts they handle.
Negotiating a settlement is an excellent way to resolve a debt. Just make sure to cross your t’s and dot your i’s.
Tips for Negotiating a Settlement with Portfolio Recovery Associates, LLC
Here are some tips for negotiating a settlement with Portfolio Recovery Associates, LLC, or any other debt collection agencies:
Negotiate a settlement you know you can afford. Don’t over-commit yourself and fail to complete the terms of the arrangement.
Obtain a letter outlining the terms of the agreement, including the amount to be paid and the payment due date.
Follow the letter’s instructions. If the settlement agreement is $4,089.98, pay that, don’t pay $4,090! If it is due by the 28th, paying on the 30th doesn’t cut it—if you need an extension on a settlement, you also need a new letter.
Maintain your documents. If the account surfaces in the future, you’ll be glad to have a copy of your settlement letter and proof that you paid it as agreed.
How Can a Debt Settlement Attorney Help?
Receiving a summons on a debt you owe to PRA is a serious legal matter. It can lead to a judgment, wage garnishment, a lien against your home, and more. Your best move is to consider hiring a debt relief lawyer to help protect your rights and ensure you aren’t taken advantage of or make mistakes during legal proceedings.
If you decide to work with an attorney, they’ll likely look at your entire financial situation and work to find an affordable resolution for you and minimize your legal risks. They may also identify alternate legal strategies to deal with the debt.
Did you know a debt settlement attorney can help even if you’re not facing a lawsuit?
You don’t have to wait until you receive a debt collection summons to begin working on a solution. By working with a lawyer familiar with debt-related matters, you can minimize the chances of a debt collection lawsuit happening in the first place.
Can the Fair Debt Collection Practices Act Help with a Debt Collection Lawsuit?
Struggling with debt? There ARE options. Request a free consultation today!
Amid massive inflation and increasing housing expenses, many people can’t afford to live alone on a fixed income. If you’re a senior or a person with disabilities and rely on a fixed income, affording to live alone can seem impossible. But, with some creativity and planning, it’s possible.
You have unique concerns and considerations. You also have unique opportunities and financial strategies available to you. We’ll be looking at all that and more as we explore all the aspects of living alone on a fixed income.
Money Management Is Different on a Fixed Income
Managing finances can be a challenging task. It requires careful planning, number crunching, and disciplined spending to stay within your budget. However, managing your finances is especially unique if you live on a fixed income. You usually need to stretch your dollars further and don’t have as much wiggle room or opportunity to increase income.
There are a few key money management tips that are especially important to people living on a fixed income:
Create a budget and stick to it.
Your budget is the foundation of your finances. It tracks income and expenses and gives every dollar a job. When you’re on a fixed income, it’s even more important to track your spending and account for every penny.
Review and reduce expenses regularly.
It’s critical to track your spending and regularly review your expenses so you can make changes where necessary. If you can’t afford to live on your current budget, it’s time to make some changes.
A little bit of help can go a long way. There are several government programs available to seniors and people with disabilities. Some states offer supplementary income beyond SSI and SSDI. Nonprofit organizations can assist with food expenses and housing. Low-cost legal services are available through National Legal Center and Legal Aid.
Keep someone in the loop.
When living alone and managing finances on a fixed income, it’s important to bring someone else into the conversation.
It can be difficult to ask for help with managing finances. However, discussing your finances with someone you trust can make living alone on a fixed income possible. It goes beyond just having a second set of eyes looking over your money. It is invaluable to have a partner to brainstorm financial strategies with, monitor signs of fraud, and keep you accountable for your spending habits and savings goals.
Are you a family member or caregiver who helps someone with their finances? Get your free e-book: “How to Talk to Seniors about Finances.”
Emphasize your emergency fund.
Living on a fixed income can be unpredictable. Your monthly budget may be fine, but you could quickly find yourself in trouble if an unexpected expense pops up. That’s why it’s important to have an emergency fund that covers at least three to six months of your regular expenses.
The Current Rental Situation in America
It’s no secret that housing expenses are on the rise. Unfortunately, that and inflation seem to be the talk of the town!
Rent.com recently published a powerful study that looks into the cost of rent across the country. The study reviewed ninety-seven different markets to compile a confident data set. According to the study, 97.7% of real estate markets saw an average increase in rental rates of 24.4% for one-bedroom apartments. One hundred percent of real estate markets saw an increase in rental rates for two-bedroom apartments, with a national average increase of 21.8%. That’s a lot of money to spend on rent, especially if you’re living on a fixed income!
The average rent across the country for a one-bedroom apartment is $1,684.
The average rent across the country for a two-bedroom apartment is $1,997.
The most affordable markets for a one-bedroom apartment are Montgomery, Alabama, at an average of $676 per month, and Toledo, Ohio, at $732 per month.
The most expensive markets for a one-bedroom apartment are Jersey City, NJ, at an average of $3,757 per month, and Boston, MA, at $3,664 per month.
What may be more concerning is that this high cost of rent is pushing people out of their homes and into suburban and rural areas. The suburbs and rural America have always been seen as more affordable options. With the current state of affairs, though, that’s not always the case.
How Much Rent Can You Afford When Living on a Fixed Income?
This answer largely depends on your unique financial situation. However, you can do a few things to get an idea of how much rent you can afford.
One option is to calculate your total monthly income and subtract all your regular monthly expenses. This will give you an idea of how much money you have left each month to put towards rent.
Another option is to follow the 30% rule to determine housing costs. Financial experts have often said that you should spend no more than 30% of your income on housing. Considering that the average SSI benefit is $1,657 per month, this would leave around $500 per month to allocate toward an apartment or house expense. Not very easy given the state of rental costs in our nation today.
Security Deposits, Utility Bills, and Other Expenses to Expect When First Living Alone
You should expect some additional costs when living by yourself for the first time. For example, you’ll likely have to pay for your utilities, internet, and cable, which can easily add an extra $100 or more to your monthly expenses. If you like to cook at home, be prepared to spend a bit more on groceries than when you were splitting them with someone else. This is especially true in the beginning, as you’ll need to stock up on staples and essentials.
Here are some common expenses when first living on your own:
Create a Budget to Afford Living Alone on a Fixed Income
One of the best ways to afford living on your own is to create a budget. When you create a budget, you’ll see how much money you have coming in and going out. This will help you determine what you can afford to spend on rent and other living expenses.
Several online tools and apps exist that can help you create a budget. These tools often ask for information about your monthly income and expenses. They then provide a breakdown of where your money is going and offer tips on saving more money. Budgeting apps are excellent for those who prefer to use technology to manage their finances.
If you’re not comfortable creating a budget online, you can also do it the old-fashioned way—with a pen and paper. Start by listing your monthly income from all sources. Next, list your monthly expenses, such as rent, utilities, groceries, transportation, and debt payments. Finally, list any one-time expenses you may have in the upcoming month, such as car repairs or holiday gifts.
Once you have your budget created, find where you can make cuts. For example, can you reduce your cable bill or car insurance? Can you cook more meals at home instead of eating out? Can you find cheaper ways to get around town? If so, put that money aside to pad your emergency fund or put it toward your monthly rent.
If your goal is to live alone, you should build your budget around that goal. First, focus on ensuring that you have enough money to confidently live alone. Does your income support the cost of living alone? If not, what monthly expenses can you reduce?
Will you need to earn more money to afford to pay rent on your own? What options do you have for earning income beyond social security? Considering these items when creating a budget can help you live on your own without relying on help from others to meet your financial responsibilities.
Increase Income and Save Money to Afford Living Alone
If you’re not quite ready to live on your own, or if you need to save up some money before making the jump, there are a few things you can do to increase your savings. While the budget you’ve created will help your financial stability, you’ll want emergency savings that you can rely on. When you have a savings cushion, you’ll be less likely to stress about monthly bills and unexpected expenses.
One way to increase your savings is to make small tweaks to your budget. For example, if you can find ways to cut back on your spending by even $10 a month, you can save an extra $120 over a year. You can also automate your finances, automatically transferring money into savings every month. This way, you won’t have to worry about forgetting to save or accidentally spending your entire paycheck.
Another way to increase your savings is to take on a side hustle. A side hustle is a job or project that you do in addition to your regular job. It is usually less formal than traditional part-time employment. Your side hustle can be anything from dog walking to freelance writing. Whatever you choose to do, the important thing is that it brings in extra money each month.
Several websites can help you find side hustles. Here are three resources worth considering that can help you earn extra money each month:
Uber.com is a website that connects drivers with people who need a ride.
Fiverr.com is a website where you can offer services starting at $5.
TaskRabbit.com is a website that connects people who need tasks done by people who are willing to do them for a price.
Our world is more connected than ever, and we have seemingly endless ways to find supplemental income. If you’re determined to live alone, finding ways to bring in more money each month is crucial in making that happen. Just be careful to consider your earning limitations when you receive SSI.
Be Cautious with Debt and Credit Cards
Living alone can be expensive, and if you’re not careful, it’s easy to fall into debt. Credit card companies are experts at getting people to spend more than they can afford. Before you know it, you’ve racked up thousands of dollars in debt that you’ll need to pay back with interest.
The best way to avoid credit card debt is to not have a credit card in the first place. If that’s not an option for you, be careful about how much you charge each month. Make a plan for how you will pay off your balance each month, so you’re never carrying a balance from one month to the next. This is also helpful for your credit rating. Keeping your balances low is an important factor in overall credit health.
If you’re already in debt, there are several things you can do to get out. One method is to create a debt repayment plan. This plan outlines how much money you will put towards your debt each month and how long it will take you to pay it off. Having a concrete plan will help you stay motivated and on track.
You can also speak with our team at National Legal Center about options to help you deal with debt. Our law firm offers several approaches to help people overcome financial struggles without bankruptcy, including low-cost options specifically designed for individuals on a fixed income.
Be Frugal, Live Well
One of the best ways to manage finances on a fixed income is to live frugally. This doesn’t mean you have to forgo all the things you love. It just means finding ways to enjoy life without breaking the bank.
Here are a few tips for living frugally and living well:
Cook at Home
It can be tricky to cook for one, so people who live alone tend to eat out more often. But, eating out is expensive, typically more difficult to keep healthy, and it’s easy to overspend on food. When you cook at home, you can control the ingredients, the portion size, and the cost. Enjoy these tips from a Registered Dietitian who lives alone about cooking for one.
Shop Second-Hand
There are several ways to save money by shopping second-hand. From clothing to furniture to appliances, shopping used can save you a lot of money. Don’t hesitate to purchase gifts second-hand, too. The holiday season can be hard on anyone’s budget, but that’s especially true for those who live alone on a fixed income. Items at thrift stores range from well-used to new-in-box.
Join a Club or Group
One way to have fun and save money is to join a club, group, or senior center. Though some require membership fees, others can be entirely free of charge. These organizations often offer free activities or have discounted rates for members. You can also take advantage of group discounts on travel, entertainment, and more.
Be Creative with Your Leisure Time
There are many free things to do in your community and beyond. Get creative with how you spend your leisure time. Explore your city (visitors centers are a great resource to find local attractions, and often offer discounts, too!), take nature walks, visit the library, or take up a new hobby. The more you do things on your own terms, the less you’ll rely on spending money.
Embrace Your Public Library
One of the best things about living alone on a fixed income is that you have more time to explore the truly important things to you. Embrace this “you time” by exploring your interests and finding new ways to entertain yourself. One of the best ways to do this is visiting your local public library. Libraries offer a wide variety of free activities, from book clubs and music lessons to seminars and social gatherings. You can borrow books, games, DVDs, and CDs. Some libraries even have culture passes that allow you to access a local attraction like a zoo or museum at no cost.
Living alone on a fixed income can be difficult, but it’s not impossible. With a few tweaks to your budget and some creative strategies, you can make living on your own reality.
What to Do When You Can’t Afford to Live Alone on a Fixed Income
So what can you do if you want to live alone but can’t afford to pay the high rent prices? Well, there are a few things you can do:
Rent a Room (Occasionally)
Suppose you have some extra space and are not opposed to an occasional house guest, renting a room now and then is a great way to save on rent money. Platforms like Airbnb allow people to rent entire houses or even just a couch for a few nights to travelers looking for a place to stay.
Move to a Less Expensive Area
If you’re willing to relocate, you may find it easier to live in a less expensive market. Rent.com‘s study found that the most affordable markets for a one-bedroom apartment are Montgomery, Alabama, and Toledo, Ohio. However, that doesn’t mean you need to uproot and move across the country. Your current area may even have neighborhoods that can be much more affordable than others. A real estate agent familiar with your local area will be a valuable person to speak with.
Rent a Room (Always)
If you’re not comfortable having a stranger stay with you occasionally, rent a room long-term to someone you know. Having a roommate may mean you don’t have your own apartment, but when you pay only half the expense, it can be worth sharing space to save the extra money.
Live with Family or Friends for a Few Months
Don’t worry, we aren’t going to give up the idea of living alone entirely!
Suppose your financial situation doesn’t allow for single living yet. In that case, you might consider living with family or friends for a few months. You may need to contribute financially to living with others, so make sure you talk openly about finances before making any agreements. However, living with family or friends may allow you to save the money needed to get your own place.
Get Your Own Place (Occasionally)
Let’s say getting a place of your own is not financially feasible. You still can’t quite make the numbers work even with building a budget, reducing expenses, and getting a side gig. In that case, maybe you can get your own place on occasion. Rent a room at a local hotel for a week. Put the money toward a vacation just for you. By recharging from time to time, you may increase your quality of life while avoiding the major expense of renting your own apartment.
Laws May Protect Your Fixed Income
In addition to good money management, it also helps to be aware of the laws that protect you and your income. For example, suppose you were to fall behind on your credit cards or other monthly bills. In that case, you could certainly face some consequences, but did you know that federal law protects Social Security income? Non-government entities cannot garnish it. If you manage your money carefully, you can also prevent protected income from being levied, or taken, from your bank account by a judgment creditor.
We don’t want you to fall behind on your bills, but if you’ve already fallen behind or are going to fall behind soon, it’s crucial to know how to best protect your income.
For additional information on protecting your income and assets when you’re on a fixed income, reach out to National Legal Center. Our knowledgeable attorneys can help you through your unique situation.
In Summary
Living alone on a fixed income can be difficult, but it’s not impossible. With some creative thinking and financial planning, you can find ways to make it work for you.
When you do make it out on your own, it’s important to enjoy your newfound freedom. It’s also crucial to be smart about your finances. Follow the suggestions we shared earlier about ways to save money and increase your net income while on a fixed income. Monitor your statements and be on the lookout for fraud and scams. Do all this, and you’ll be living comfortably in no time!
If you’re living on a fixed income and are struggling to keep up with your bills, reach out to National Legal Center for assistance. Our experienced debt relief attorneys can help you create a plan that will provide relief from your debt. Don’t suffer in silence – call us today!
Struggling with debt? There ARE options. Request a free consultation today!
Debt collectors have a reputation for being intimidating, uncaring, and unethical. While that may be the case for some, this is a great example where the extreme minority cast a shadow over the majority. In many ways, debt collectors and the debt collection agencies that employ them have earned their reputation. Still, most individuals in the Account Receivables Management (ARM) industry are genuinely good people.
If you are in a situation where you need to deal with a debt collector, our team of expert professional negotiators is here to share their wisdom and help you.
Debt settlement companies will often infer that a consumer cannot negotiate with debt collectors directly. This is not true! DIY debt settlement is possible, though we do recommend working with a reputable state-licensed debt settlement attorney near you to ensure that the debt settlement agreement is honored.
Would you rather not negotiate with debt collectors directly? We’ve got you.
National Legal Center has helped thousands of people #StandUpToDebt, and we’re at the ready for you, too.
When to Use These Tips for Settling with a Debt Collector
Note that the following suggestions should work for just about any type of debt you are attempting to settle. While we’ll get into some technicalities, these strategies are more ‘soft’ negotiation skills. They can be utilized for unsecured debt, like credit cards and medical debt, and with any type of collector, whether it be an original creditor, collection agencies, or debt collection law firms.
Kindness Gets You Farther than Being Rude
Lisa Fuerstenberg, a 13-year debt negotiation veteran, suggests kindness. “I remind myself that they have a job to do also, and that kindness gets you farther than being rude.”
This spectacular suggestion goes far beyond just dealing with debt collectors. We can apply this throughout life!
It’s true: a debt collector is more likely to work with you if they feel that you are reasonable and cooperative. This isn’t to say you need to become their best friend (but hey, why not?) and share a ton of information with them, but civility and kindness go a long way.
A debt collector’s job is to collect on the debt. That’s how they put food on the table and keep a roof over their head. Yes, sometimes some collectors will resort to bullying tactics and other unfair methods to collect. If you believe a collector is violating your rights, our consumer rights attorneys can help turn the tables and take action against them. However, the past 15 years have brought about a significant shift, and debt collection agencies seem to be attempting to clean up their act.
Collection agencies have also realized that kindness is more effective in collecting debt. You’ll probably be treated with respect more often than not, especially if you show respect to them.
Walk Away from the Phone
If you’re feeling overwhelmed or panicked, sometimes the best thing you can do is take a break by stepping away from the phone. Don’t worry. You’re not abandoning the negotiation —you’re just taking a break.
“I’m sorry, I need to put you on hold for a moment,” is a perfectly polite and acceptable way to pause a conversation to allow yourself a moment to gain your composure. The pause gives you some time to clear your head, take a few deep breaths, and recall your negotiation goals.
You’re not obligated to stay on the phone with the debt collector if you feel uncomfortable or pressured. This is YOUR negotiation, and you should never feel like you need to do something you’re not comfortable doing.
Treating Debt Collectors Respectfully and Calmly Can Sometimes Work Wonders
Kelsey Holmes, a legal assistant in the debt resolution division of National Legal Center, encourages respect. She shares that “Treating them respectfully and calmly can sometimes work wonders. They’re used to being yelled at, so it’s a relief for them to talk to someone that treats them ‘well’. ”
Kelsey is especially referring to call-center situations that consumers might encounter when calling a phone number found on a debt collection letter. Collectors working for larger collection agencies that deal with a significant volume of inbound and outbound calls will often spend the day being hung up on, cursed at, and belittled. However, when you’re polite and understanding, it can ‘work wonders’ and be a breath of fresh air for a collector. It makes sense that a debt collector who has a reprieve from being beaten down all day might be more willing to go to bat for someone who treats them with respect for a change.
You Share a Common Goal with the Debt Collector
It might not feel like it at times, but you and the debt collector both want the same thing: to resolve the debt. Of course, you want to resolve it for as little as possible, and they want to collect as much as possible. Aside from that, though, you’re ultimately trying to achieve the same big picture goal.
Remembering this can help ease some tension and make the conversation feel more cooperative. Adversarial negotiations aren’t just less comfortable, they’re less successful. A successful negotiation happens when both parties walk away satisfied with the deal. You’re both working towards the same goal, so there’s no need for hostility or hatred.
Bonus Tip: Ignore your credit report.
This can be a real challenge, but skip the part of the call where you ask them to remove the item from your credit report. Contrary to popular internet theory, a debt collector will very rarely have any control over what is or is not reported on your credit report. The company will either systematically update your report or choose to no longer report the account. They cannot misrepresent the debt and, if they continue reporting on your credit report, they are required to update the account to show it has been paid through a settlement agreement and has a $0 balance. Time is money, so a collector will probably appreciate you skipping this part of the conversation.
Know Your Debt Settlement Numbers before You Negotiate
This negotiation is all about numbers: the amount of debt, the monthly payment, the numbers behind your hardship, etc. So before you even pick up the phone to start negotiating with a debt collector, make sure you know your numbers inside and out. This way, you can confidently discuss payment options without having to stop and do math in your head, making you seem unprepared, an easy target, or divulge information they can use against you.
Some helpful numbers to know before you start negotiating include:
The total amount of debt
The monthly payment you can afford
Any lump sum you can put toward settling the debt
Your hardship (unemployment, underemployment, medical bills, etc.)
Your monthly income
Other debts you owe, including debts like back taxes and child support
A detailed breakdown of your monthly expenses
How much you would like to settle for
How much you can afford to settle the debt for (monthly or in a lump sum)
Your state’s statute of limitations on debt collection
If ever there were a time to spend an extra few moments in preparation, this is it! Take the time to write this information down. An additional 30 minutes to gather information can make a tremendous difference in your negotiations, translating to actual financial savings. You can enter into negotiations with confidence and a clear goal in mind by being prepared with these numbers.
While we suggest respect, kindness, and negotiating with debt collectors as allies instead of enemies, we also want you to keep your guard up. Remember, the industry earned its reputation. There are numerous consumer protection laws enacted by the Federal Trade Commission and other government entities that aim to protect you from unfair activity by any collection agency you might deal with.
Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits third-party debt collectors from using abusive, unfair, or deceptive practices when they collect debts. This law only applies to third-party debt collectors. First-party creditors, like your credit card company or original lender, do not fall under the FDCPA, though individual states may have laws that do include first-party creditors.
Some actions prohibited under the FDCPA include:
Making threatening statements
Misrepresenting the debt
Using profanity
Lying about how the debt will affect the consumer’s credit history
Applying debt payments to the wrong account
This comprehensive law was recently updated to include language that discusses when and how a collection agency and its representatives can contact consumers through social media.
Fair Credit Billing Act (FCBA)
The Fair Credit Billing Act (FCBA) is a federal law that protects consumers from unfair billing practices and gives them the right to dispute errors on their credit card bills. This provides consumers with a way to dispute fraudulent or unfair transactions on their statements directly with their credit card issuers.
While in dispute, the consumer is only required to make a partial payment on their card. They are only required to pay on what is known and agreed to be legitimate debt. Then, the consumer will either see the disputed amount waived or they will be responsible for resuming timely payments on the debt if the investigation determines that the disputed transactions are legitimate.
The credit card issuer will be required to cease collection activity while they investigate, respond within a specific time, and may need to make certain written remarks on the consumer’s credit reports.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that regulates credit reporting agencies and how they report information about consumers’ credit histories. The FCRA gives consumers the right to know what information is being reported about them, dispute inaccurate information, and have inaccurate or unverifiable information deleted from their credit reports.
When you know your rights, you can be more assertive and confident when speaking with a debt collector. If they are threatening or using any tactics you feel violate your rights under the FDCPA, FCBA, or FCRA, you have options and can take action. Document the violations and contact our firm for a free consultation. Their violations can result in money being awarded to you as damages for the offense.
Using Debt Settlement Companies to Negotiate with Debt Collectors
Debt settlement companies have done a great job at marketing their services. They can be very effective in negotiating with debt collectors, but they do charge a significant fee for a process you can technically handle on your own.
If you believe you need help negotiating with debt collection agencies, you will be best served by retaining a debt settlement attorney. The cost of representation is often less than what is charged by debt settlement companies, and a licensed debt settlement attorney near you can also represent you if a debt collection lawsuit or if a debt collector violates your rights.
Sometimes we need help and that’s okay. The important thing is to get the right help for your specific situation. Our team can help you outline your debt priorities, create an affordable payment plan to deal with your unsecured debt, and guide you through the negotiation process every step of the way.
In Summary
While dealing with debt collectors can be stressful, remember to be kind, walk away if you need to, and treat them with the respect they deserve —after all, they’re just doing their job.
If you decide that you don’t want to deal with them, or if the debt collector is being too pushy and doesn’t seem to be following the Fair Debt Collection Practices Act, you should reach out to a qualified debt settlement attorney. National Legal Center offers free consultations and can help you get started on your way to becoming debt-free!
Struggling with debt? There ARE options. Request a free consultation today!
If you’re among the millions of people who have received a letter or lawsuit about a debt owed to LVNV Funding, LLC, you probably have a few questions.
What is LVNV Funding, LLC?
How do they operate?
Can I settle a debt with LVNV Funding, LLC?
In this article, we’ll answer all those questions and more. We’ll explain the relationship between LVNV Funding, LLC and companies like Credit One Bank, Resurgent Capital Services, and Credit Control, LLC. Then, if you owe them money, we’re going to explore your options and touch on dealing with debt collectors in general. So, read on for all the information you need to know about settling debt with LVNV Funding and their affiliated companies.
Who Is LVNV Funding, LLC?
LVNV Funding, LLC is a debt buyer. That means they purchase unpaid debts from other companies for a fraction of the amount owed. They then try to collect on those debts to earn a profit. So, naturally, their goal is to buy low and collect high.
LVNV Funding, LLC is one of the largest debt buyers in the United States, so it isn’t uncommon to see their name when you have accounts fall behind and go to collections.
Once LVNV Funding, LLC has acquired a debt, they have a few options that they can exercise right away or in the future. To name a few, they may:
Collect on the debt directly
Hire a third-party collection agency to pursue collections
Place the account with a law firm for collection and/or litigation
Do nothing
Resell the account to a different debt buyer
One thing to keep in mind is that LVNV Funding, LLC is not a lender and they do not directly collect debts they purchase. Because of this, the collection activities of the consumer facing collecting entity- Resurgent Capital Services- are subject to the Fair Debt Collection Practices Act. The FDCPA is a series of laws that protect consumers from unfair tactics by debt collectors.
Is LVNV Funding, LLC a Legitimate Debt Collection Company?
Yes, LVNV Funding, LLC is a legitimate company. LVNV Funding, LLC is one of the largest debt buyers in America.
Just because they are a legitimate organization doesn’t mean you should let your guard down. We are a consumer rights law firm, and we encourage you to treat any call or letter asking you for money with a healthy amount of skepticism. The scammers of the world are known to piggyback off of other companies. Double and triple-check to be sure you are truly communicating with the real LVNV Funding, LLC before providing any personal information and falling prey to a scam. If it truly is a call, letter, or lawsuit from LVNV Funding, LLC, they are indeed a legitimate debt buyer.
What Is the Relationship between LVNV Funding, LLC, Resurgent Capital Services, and Sherman Financial Group?
There are several entities working with LVNV Funding owned debts. For example, when you have a debt that has been purchased by LVNV Funding, you may also see Resurgent Capital Services, Sherman Financial Group, or Sherman Acquisitions.
With all these companies intertwined, it can get a bit tricky.
Rather than untangle the corporate web behind LVNV Funding, LLC, suffice it to say that Resurgent Capital is the front-line collection agency, LVNV’s name is on most of the credit reports and paperwork, and Sherman Financial Group and Acquisitions tend to stay behind the scenes.
What Is the Relationship between LVNV Funding, LLC, Credit One Bank, and Other Creditors?
LVNV Funding, LLC purchases unpaid debt from lenders like Credit One Bank, SoFi, and others.
Once a debt has been purchased by LVNV Funding, LLC, it is their right (or that of their collecting arm, Resurgent Capital Services) to try to collect on that debt. The original creditor no longer owns the debt, and all communication regarding the account will take place between you (or your debt settlement attorney) and the new owner of the debt or their collector.
Why is LVNV Funding, LLC on My Credit Report?
When LVNV Funding, LLC becomes the new owner of your debt, their name will often appear on your credit report alongside the collection account. Their remarks may include their contact information, how long the account will remain on your credit report, and the account status, such as unpaid, paid in full, or settled.
Under the Fair Credit Reporting Act, they are able and expected to report accurate and verifiable information. If it is not accurate, or they cannot verify the information, you may be able to remove LVNV Funding, LLC from your credit report by disputing the remark.
What Should I Do If I Receive a Letter or Call from LVNV Funding, LLC?
If you’re receiving calls or letters from a debt collector at LVNV Funding, LLC or Resurgent Capital, there are actions you can take and rights that protect you as a consumer in debt.
First, read the Attorney’s Guide to Reading a Collection Letter. This will explain the core elements of the letter you received and the laws that collection agencies need to follow when sending letters about collection accounts.
Then, determine your next steps.
Are you sure you owe the alleged debt to LVNV Funding, LLC? If not, you might consider sending a debt validation letter. With a bit of research and legwork, you can attempt to do this on your own. If you’d like a free consultation with a law firm familiar with disputing debts, contact our team here at National Legal Center.
If you are sure the debt is valid, can you afford payments to resolve or settle the account? Make sure any arrangement is affordable and doesn’t leave you falling behind on other obligations.
National Legal Center negotiates with companies like LVNV Funding, LLC, and Resurgent Capital Services every day. Complete this short form to discover options to resolve debt with LVNV Funding, LLC, and any other creditors you may have on your credit reports.
Can LVNV Funding, LLC Sue Me?
Yes, LVNV Funding, LLC may be able to sue you for the debt you owe. A debt collection lawsuit can be a frightening experience that you should not take lightly. If LVNV Funding, LLC sues you, it is important to seek legal assistance as soon as possible. National Legal Center offers a unique consultation specific to individuals facing lawsuits to discuss your case and determine the best course of action for you.
Should You Negotiate a Settlement with LVNV Funding, LLC?
When LVNV Funding, LLC is contacting you about a debt, one option to resolve the debt is negotiating a settlement.
A settlement is where you pay less than the total amount owed on the debt, either in a lump sum or over several monthly payments. Once you’ve paid the settlement, the account is reported to the credit bureaus as settled in full (or similar), and LVNV Funding, LLC should not take further action.
If LVNV Funding, LLC has filed a debt collection lawsuit and you’re considering settlement, things change a bit. Of specific importance is the timing of the settlement.
For example, if the settlement occurs after LVNV Funding, LLC issued a summons, you’ll want to make sure you know whether the court hearing was canceled. If not, you may still be expected to appear in court, even if only to share the details of the settlement.
If you settle an LVNV Funding, LLC lawsuit after a judgment was entered, you’ll want to have documentation that confirms they will file a satisfaction of judgment with the court.
While you can ask the representative at whatever law firm is handling the matter for LVNV Funding, LLC, it’s crucial to remember that they are not your attorneys!
Instead, they represent the other party, so it’s a good idea to be skeptical and confirm anything they tell you, because their job is to collect the most funds possible on the accounts they handle.
Negotiating a settlement is an excellent way to resolve a debt. Just make sure to cross your t’s and dot your i’s.
Tips for Negotiating a Settlement with LVNV Funding, LLC.
Here are some tips for negotiating a settlement with LVNV Funding, LLC. These suggestions apply to any other debt collector, too!
Here are some tips for negotiating a settlement with LVNV Funding, LLC, or any other debt collector:
Negotiate a settlement you know you can afford. Don’t over commit yourself and fail to complete the terms of the arrangement.
Obtain a letter outlining the terms of the agreement, including the amount to be paid and the payment due date.
Follow the letter’s instructions. If the settlement agreement is $4,089.98, pay that, don’t pay $4,090! If it is due by the 28th, paying on the 30th doesn’t cut it —if you need an extension on a settlement, you also need a new letter.
Maintain your documents. If the account surfaces in the future, you’ll be glad to have a copy of your settlement letter and proof that you paid it as agreed.
How Can a Debt Settlement Attorney Help?
Receiving a summons on a debt you owe to LVNV Funding is a serious legal matter. It can lead to a judgment, wage garnishment, a lien against your home, and more. Your best move is to consider hiring a debt relief lawyer to help protect your rights and ensure you aren’t taken advantage of or make a mistake during the legal proceedings.
If you decide to work with an attorney, they will likely take a look at your entire financial situation and work to find a resolution that is affordable for you and minimize your legal risks. They may also identify alternate legal strategies to deal with the debt.
Did you know a debt settlement attorney can help even if you’re not facing a lawsuit?
You don’t have to wait until you receive a debt collection summons to begin working on a solution. By working with a lawyer familiar with debt-related matters, you can minimize the chances of a debt collection lawsuit happening in the first place.
Can the Fair Debt Collection Practices Act Help with a Debt Collection Lawsuit?
A debt collection company often walks a very fine line when trying to get a consumer to repay a collection account. Most collection agencies are cautious about following the laws that oversee debt collections, such as the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other consumer protection laws. However, sometimes an untrained or unruly debt collector can violate your rights.
Among many other things, a debt collector may not:
share inaccurate information during phone calls
provide legal advice
lie about what type of legal action they can take
misrepresent the debt
pursue time-barred debt without proper notification
disclose your debt to third parties
If a representative of a debt collection agency has violated your rights and then you are facing a debt collection lawsuit, you may be able to file a counterclaim against them. A successful counterclaim on a debt collection lawsuit can lead to many outcomes. For example, it may result in dismissal of the lawsuit brought against you, a waiver of the debt owed, removal of the account from your credit reports, money damages to you, and more.
Contact Information for LVNV Funding, LLC
If you have an account that is owned by LVNV Funding, LLC, it helps to know how to contact them. To obtain confident contact information, you may want to go to the company’s website, your credit report, or the Better Business Bureau.
Below is the contact information for LVNV Funding, LLC as well as Resurgent Capital Services.
**Important**
At the time of this article’s publication, LVNV is requesting that all inquiries and communication be directed to Resurgent Capital Services. Be sure to verify payment instructions with any debt collection agency before making any payments.
LVNV Funding, LLC
Phone: (864) 248-8700 Fax: (864) 467-0163
Resurgent Capital Services
Correspondence Phone: 1-888-665-0374
Correspondence Address: Resurgent Correspondence PO Box 10497, Greenville, SC 29603
Payment Address:
Resurgent Capital Services PO Box 10466, Greenville, SC 29603
Dispute and Complaint Address: PO Box 1269, Greenville, SC 29602
National Legal Center negotiates with debt buyers and debt collection agencies regularly. Complete this short form to discover options to deal with a summons from LVNV Funding, LLC and any other collections account you may have.
If you’re tired of struggling with debt, you’ve got options. Call today and let National Legal help you #standuptodebt once and for all.
Are you struggling with debt? Use the form below to get in touch with us.
Struggling with debt? There ARE options. Request a free consultation today!
Zwicker and Associates, P.C. is a law firm that acts as a debt collector on behalf of creditors and debt buyers.
If you’ve received a summons from Zwicker & Associates, you’re in the right place. Let’s simplify the situation and help you take your next steps.
Who Is Zwicker & Associates?
Zwicker and Associates is a law firm specializing in debt collection.
Their firm is retained by original creditors and debt buyers to collect on past due debts owed by consumers.
They may send debt collection letters and make phone calls to debtors. Because they are a law firm rather than a collection agency, they may also file lawsuits to collect on debts in the states where they have attorneys licensed to practice law.
Contact Information for Zwicker & Associates, P.C.
If you have an account that this law firm is collecting on, it helps to know how to contact them.
Address: 80 Minuteman Rd. Andover, MA 01810
Phone: 1-833-210-5100
Phone: 1-800-370-2251
Fax: 1-978-686-3538
Is Zwicker and Associates Legitimate?
As a consumer rights law firm, we always encourage you to treat any call or letter asking you for money with a healthy amount of skepticism. However, if it truly is a call or letter from Zwicker and Associates, they are indeed a legitimate law firm. In fact, Zwicker & Associates P.C. is among the most well-established debt collection law firms the United States.
Can I be Sued by Zwicker and Associates?
When it comes to debt collection, it is helpful to know what companies can actually file a debt collection lawsuit against you for unpaid bills. To file a lawsuit—or make the decision to retain an outside law firm to file a lawsuit—a company must own the account.
This means that a debt collection agency that is collecting on behalf of a creditor or debt buyer cannot initiate a lawsuit. They do not own the debt, therefore they cannot make the decision to sue the debtor.
An original creditor or debt buyer who owns a debt can file a lawsuit against a debtor directly, or they can retain a law firm (licensed to practice law in the particular state) to pursue collections and file a lawsuit on their behalf.
Can you be sued by Zwicker and Associates?
Yes. They can file a lawsuit if they are retained by the owner of the debt.
What is a Summons and Complaint?
A summons is an official notice of legal proceedings. It is among the first steps in what could become serious legal trouble. It informs you that a lawsuit has been filed against you. The Complaint is delivered with the Summons and provides information such as:
Who is suing you (an original creditor like Discover card or a debt buyer like LVNV Funding);
On what grounds they are suing you;
In the event of defaulted debt, the dollar amount they claim you owe;
The contact information of the lawyers who filed the lawsuit.
If you receive a Summons and a Complaint from Zwicker & Associates, it is vital to consider addressing the matter. Ignoring a summons will often result in a default judgment, which means they win automatically.
Once they have that judgment, they could pursue collecting on the judgment in a few different ways. Depending on the laws of your state, here are a few examples of how they could collect on post-judgment accounts:
garnish wages (take money from your paycheck or other income);
levy a bank account (contact your bank and take money from your checking account), or
place a lien against your home (preventing you from refinancing or having access to your equity until you pay the balance owed on the account).
Of course, it is important to know what they can and cannot do in your state. An attorney can learn about your situation and advise you specifically on what if any risks you actually have.
What Kind of Debt Does Zwicker & Associates Collect?
Zwicker and Associates generally focuses on the consumer debt market— meaning debts owed by individuals rather than businesses.
An original creditor like Discover Financial Services, Citibank, Bank of America, or other lenders may hire them. Or, their law firm may be retained by debt buyers such as Second Round, CACH, or LVNV Funding.
Whether you were served regarding a Discover account, an American Express account, or any other company, the consumer rights attorneys at National Legal Center are here to help.
We can review the summons and complaint that you received and help you understand your risks. Then, if appropriate, we can help settle the debt, respond to the summons, or review other options that might be available.
How Do I Deal with a Debt Collection Law Firm?
If you’re receiving calls or letters from Zwicker & Associates, there are actions you can take to protect your rights as a consumer.
First, read the Attorney’s Guide to Reading A Collection Letter. This free guide will explain the core elements of the letter you received.
Then, determine your next steps.
Are you sure you owe the debt Zwicker & Associates P.C. says you owe?
If not, you might consider disputing the debt. With a bit of research and legwork, you can attempt to do this yourself. However, if you’d like to leave it to a debt attorney familiar with disputing debts, contact our team here at National Legal Center for a free consultation.
If you are sure the debt is valid, can you afford payments to resolve or settle the debt?
Make sure any arrangement is affordable and doesn’t leave you falling behind on other obligations. Coming to a reasonable compromise that is affordable long term is crucial. If you make an arrangement and fail to keep up with payments on the account, the deal is lost, and collection activity can resume.
Should you Negotiate a Settlement with Zwicker & Associates?
When you’re facing a debt collection lawsuit from Zwicker & Associates, one option to resolve the matter is by negotiating a settlement.
A settlement is where you pay less than the total amount owed on the debt, either in a lump sum or in a series of monthly payments. The account is resolved in return for paying the settlement, and Zwicker & Associates should not take any further action.
When there is a lawsuit involved, being aware of the timing of the settlement is essential. For example, if the settlement occurs after Zwicker & Associates sent a summons, you’ll want to understand if the court hearing was canceled or if you still should appear in court.
While you can ask the collection agents at Zwicker & Associates these questions, it’s crucial to remember that they are not your attorneys!
Instead, they represent the other party, so it’s a good idea to be skeptical and confirm anything they tell you because their job is to collect the most funds possible on the accounts they handle.
Receiving a summons from Zwicker & Associates is a legal matter. So, it’s a smart idea to consider hiring a debt relief lawyer to help protect your rights and ensure you aren’t taken advantage of or make a mistake.
What Does it Mean When a Debt Collector Threatens Legal Action?
Debt collection lawsuits can be a serious matter.
The threat of litigation, however, may not be.
The hard part is telling the difference between collection agencies making a threat of a lawsuit and collection agents actually intending to pursue litigation.
One provision of the Fair Debt Collection Practices Act (FDCPA) states that debt collection companies may not state that they are going to take any action that they do not actually intend to pursue and have the capacity to pursue.
Okay, but what does that mean?
A debt collector cannot say they will have someone sent to your door with a lawsuit unless they actually intend to have someone come to your door with a summons.
This is where language becomes very important.
Here are two statements that a debt collector might make. In one scenario, the collector is making an empty threat. In the other, they’re gearing up for a lawsuit.
Can you tell which is which?
“If you don’t enter into a monthly payment plan by the end of the month, I may have no choice but to consider sending your file to the attorney for review.”
“If you don’t enter into a monthly payment plan by the end of the month, the attorney is going to take legal action.”
As you can see, the first statement uses vague language, while the second statement is more direct.
“I may,” “review,” “for consideration,” “potential.” These are all words that collection agents will use to cover their bases and keep their collection agency out of trouble. They probably don’t intend to file a lawsuit when they use this language.
If you had a debt collector from Zwicker & Associates say they intend to take legal action, take it seriously. If they used vague, waiver-like language, you might have more time. Zwicker & Associates is a legitimate law firm, though, and you should take the collection activity seriously.
If you understand the regulations surrounding collection agencies and law firms that collect delinquent accounts, it’ll be easier to know if their threat of legal action is real or simply meant as a scare tactic.
National Legal Center negotiates with collection agencies and law firms like Zwicker regularly. Complete this short form to discover options to deal with a summons from Zwicker & Associates P.C. and any other creditors you may have.
If you’re tired of struggling with debt, you’ve got options. Call today and let National Legal help you #standuptodebt once and for all.
Struggling with debt? Use the form below to get in touch with us.
The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 by the Federal Trade Commission to protect consumers from abusive debt collection practices. It aimed to ensure that people are treated fairly and are not subjected to harassment, threatened, or publicly shamed for their debt.
The FDCPA governs collection agencies. Calls from your credit card company, an original creditor, or other financial companies that issue loans are not subject to these federal rules. However, some state laws offer consumer protection laws that include these financial institutions.
Two rules (issued in October 2020 and December 2020) which address debt collection in today’s world of electronic communication went into effect November 30th, 2021.
Read on to learn where the FDCPA and social media collide and how to protect yourself from debt collection harassment on social media.
Why are debt collection rules changing?
Put into law in 1977, the Fair Debt Collection Practices Act governs what collection agents can and can’t say, as well as the modes of communication. Specifically, it covers communication through phone, mail, and fax. That’s right—paper facsimile was a real mode of communication when the law went into effect!
Fast forward 44 years and updates to the law will now address the advances in technology that have occurred since then.
Among the most notable changes is that collection agencies may now use social media to contact people who owe them money.
Social media has become one of the most popular methods of communication.
It is where we get our news, connect with friends and family, and share our successes and worries. As such, it became a natural medium for debt collectors looking for opportunities to contact people they are trying to collect debts from.
While this may seem an intrusive and unwelcome turn of events, it has passed, and social media is officially open to collectors.
FDCPA Update: What’s changed?
The update to the FDCPA covers several areas and generally focuses on the methods and frequency of communication. However, the spirit of the law remains the same— to ensure consumers are treated fairly.
Much has already been written about the broad changes that have taken place in this FDCPA update. We would point you to a thorough overview of the new rules from resources made available by the National Consumer Law Center and the Consumer Financial Protection Bureau.
Among the most notable updates to the law:
Collection companies must wait seven days to call again after speaking with the debtor.
Debt collectors may now send private social media messages, as well as text messages to collect a past-due debt.
The new rule places restrictions on how and when they can contact consumers to collect on past due accounts.
We’ll be diving in on the other specific provisions of the law in future articles. We’re beginning with the social media component, as that may come as a surprise for consumers.
How do changes to the FDCPA affect your rights as a consumer?
The new provisions in the FDCPA open several ways for collection agencies to contact you.
In addition to calling or sending messages through postal mail and fax, they now have the option to text, email, or send a private message through platforms like Facebook, Twitter, and LinkedIn.
Your rights as a consumer are largely unchanged.
You still have the right to be treated fairly and keep your financial matters personal. In all cases, the collection agent must identify themselves and state that they are attempting to collect a debt. They are not allowed to use obscene, abusive, or threatening language and must comply with the consumer’s request to cease communication.
What should you do if a debt collector contacts you through social media?
If a collector contacts you online, don’t panic! Just like with any communication, you have options.
If our consumer rights law firm already represents you to resolve your debt, you’ll take the same actions as if they were to send a collection letter by sending it in for your legal team to review.
It is always best to have an attorney review any communication from collection agents. Especially as they have new communication methods, there’s a good chance that they may “accidentally on purpose” make a mistake under the presumption of grace with the new rules.
If you are not represented by our law firm for debt matters and a debt collector makes you feel harassed or uncomfortable, our legal team is here and ready to help. A free consultation is your first step.
Included in the new rules is a provision that allows consumers an opt-out option of any method of communication from a collector.
If they call, you can tell them not to call any longer, and the request should be honored. The same rule applies to receiving a message from a debt collector on social media. You can respond by saying that you do not want them to message you on the platform, and they should honor the request.
Remember- asking them to stop contacting you does not make the debt disappear. They may still pursue other collection methods if it is a valid debt. Debt collection lawsuits are very real, and if a collector has no other way to get in touch with you, they may choose to file a lawsuit.
If you aren’t sure of the best way to deal with debt collection calls or messages, complete the form below to request a free consultation with a member of our legal team.
Can a debt collector send me a Facebook message?
Yes, a debt collector can message you through Facebook. The amendments to Regulation F of the FDCPA went into effect on November 30th, 2021. As a result, debt collectors can now communicate with debtors through social media platforms.
The new rule includes an opt-out option that allows you to inform them you do not wish to be contacted through any particular method.
Can a debt collector post publicly about me on Facebook?
No. The new rule of the FDCPA continues to protect consumers from debt collectors making information about a debt publicly available. If a collector has posted publicly about your debt, you may choose to file a claim against the collector and may be awarded damages.
What should I do if a debt collector sends a Facebook message?
When a debt collector contacts you on Facebook, first consider whether or not it is a legitimate debt collector and not a scam. Several concerns are raised by the new rules of the FDCPA. Notably, scam artists now have a new way into victims’ pockets.
Suppose you want to engage the debt collectors and resolve the debt. First, request that they identify themselves. Make sure they are the ones providing information, not the other way around.
Once they provide their name and the name of their company, it’s time to confirm. Consider calling their agency to make sure they are who they say they are and take the conversation to phone calls which are likely to be more secure. Facebook is not the best place to discuss financial matters that involve your Personally Identifiable Information. Even if it takes a bit of extra time and effort, it is better to deal with the debt in a way that keeps you safe.
If you do not believe the debt is valid, you can request that they provide a validation of the debt. The new rules allow you to make that request through any method, so you can even request it right on that message.
If you do not want to engage the debt collectors, you can ignore them or ask that they no longer contact you. This does not resolve the debt or your obligation to pay. Still, you do have the right to opt out of communicating with them through any particular vertical.
What should I do if a debt collector sends a text message?
Just as above, if a debt collector contacts you through a text message, your first step is to determine whether or not you believe the person to be whom they say they are. If you are confident that they are a valid debt collector, you will proceed based on your goals.
Do you want to settle the debt?
Are you prepared to make a payment plan?
Do you need more information to decide if you really owe what they say you owe?
If you are unsure how to proceed, consider learning how a debt settlement attorney can help by contacting us through the form at the bottom of this page.
How to Protect Yourself from Debt Collectors on Social Media
Debt collectors are just now able to contact consumers on social media. However, they have long been familiar with using the platforms to learn about the people they are trying to reach.
Here are several ways to protect yourself from debt collectors on social media.
Keep your pages private.
We all love to celebrate our life-wins with our social networks. New cars, homes, jobs- we share all of life’s successes with our friends and family.
You probably weren’t considering the debt collectors who were zooming in to look at your ID badge to figure out where you work, though, were you?
Every platform has its own (wickedly confusing) set of privacy options and controls. Set your pages to private to ensure you are only celebrating with those who are in your corner.
Limit the Personally Identifiable Information you share.
Whether you choose to keep your social pages private or not, it is still wise to keep your Personally Identifiable Information off of your page. Information such as your phone number, email address, mailing address, and birthday are all gold for debt collectors who are trying to confirm that the profile they are looking at is actually yours.
Don’t accept that random friend request.
We’ve all received the random friend request.
Maybe it’s a super cool person we’d like to befriend, a gorgeous soul-mate, or a business opportunity we can’t miss out on. Is any of that likely to be the case, though?
If you aren’t sure who they are, there’s probably not much to gain by bringing them into your online world.
Don’t post pictures with identifying information.
Less is definitely more when it comes to protecting yourself from debt collectors on social media.
Sharing a picture of your favorite coffee shop you go to each day on your lunch break or your planned trip to visit a family member (who you tag, naturally) is innocent and friendly. However, it can lead a collector to find and call said person or place to anger or embarrass you into calling. No, the collection agent can’t divulge that they are calling to reach you about a debt. Still, you (and possibly the person they’ve called) know what the “personal business matter” they’re calling about is.
This may feel extreme, but debt collectors are smart, resourceful, and trained to locate debtors and get them on the phone. Following the above suggestions of keeping your page private and ignoring random friend requests will allow you a bit less to worry about on this front.
How to Deal With Debt Collection Harassment on Social Media
Suppose you have found yourself in a situation where debt collectors are harassing you. In that case, there are actions you can take to protect yourself.
Keep a record.
While it may seem like an obvious suggestion, it is important to keep good records of whom you have talked to, when, and what was said. This includes recording the social media messages by taking a screenshot or printing the conversation.
Be clear and direct.
If a collector is harassing you, be very clear about what is happening and why it’s not OK with you. Avoid getting pulled into an argument of any kind. Keep a level head and end the conversation. Unlike phone calls, when the communication is electronic, you can’t exactly hang up to end the conversation. However, you can ignore the private messages and return to them later if you choose to do so.
Contact an attorney.
If the debt collector’s behavior becomes too much for you to handle, or if you think they are violating the law in any way, contact an attorney. The consumer advocates at National Legal Center may be able to help you turn the tables to take legal action against the harassing agency and protect your rights.
In Summary
Debt collectors are now able to contact debtors through social media. This is a recent change to the FDCPA that raises a number of concerns for consumers.
First, don’t share personally identifiable information on your social profiles or accept friend requests from strangers. Secondly, keep good records of what a collector says, how often they contact you, as well as their methods for contacting you. Finally, if you feel you are being harassed or need help dealing with your debt, reach out to an attorney to help protect your legal rights.
The consumer advocates at National Legal Center focus on debt collection harassment. If you feel like you are being harassed by debt collectors, please reach out to us for a free consultation. We will help you understand your legal rights and options to #standuptodebt today!
Use the form below to easily get in touch with us.
Did you receive a call or letter from Midland Credit Management? Are you wondering who this company is and what they want?
We’ll be glad to fill you in on who they are and give you some tips on dealing with Midland Credit Management, Inc.
Who Is Midland Credit Management?
Midland Credit Management is a debt purchasing company and a debt collection agency. They commonly go by MCM, or use another related entity called Midland Funding. An easy way to think of the relationship is that Midland Funding purchases the debts, and they then place it with Midland Credit Management for collection. The companies are separated for logistical and legal reasons; they are both under the parent company of Encore Capital Group.
Midland Funding (or one of their related entities) purchases large groups of delinquent consumer debts from lenders who have given up hope for recovery themselves. Then, MCM attempts to collect on those past-due accounts with persistence until the debt has been resolved.
They have a few other names under their umbrella. When you have a debt that has been purchased by Midland or Midland Funding, you may also see Encore Capital Group or Atlantic Credit and Finance. With all of these companies intertwined, it can get a bit tricky. Since most of their collection activity is completed by Midland Credit Management, we’ll mostly use that for the remainder of this post. Given the number of entities involved, it may not be a surprise to learn that Midland Credit Management is one of the largest debt collection companies in the country.
Is Midland Credit Management Legitimate?
As a consumer rights law firm, we always encourage you to treat any call or letter asking you for money with a healthy amount of skepticism. However, if it truly is a call or letter from Midland Credit Management, they are indeed a legitimate debt buyer and collector. MCM is one of the largest debt buyers and collection agencies in America.
What Kind of Debt Does Midland Credit Management Collect?
MCM tends to focus on the consumer debt market, meaning debts owed by individuals rather than by businesses. They generally purchase delinquent consumer debt from consumer-focused lenders like credit card companies, auto loan lenders, and cellphone providers.
How Do I Deal With Midland Credit Management?
If you’re receiving calls or letters from Midland Credit Management, there are actions you can take and rights that protect you as a consumer in debt. First, read the Attorney’s Guide to Reading A Collection Letter. This will explain the core elements of the letter you received.
Then, determine your next steps.
Are you sure you owe the debt to MCM? If not, you might consider disputing the debt. With a bit of research and legwork, you can attempt to do this on your own. If you’d like to leave it to a debt attorney familiar with disputing debts, contact our team here at National Legal Center.
If you are sure the debt is valid, can you afford payments to resolve or settle the debt? Make sure any arrangement is affordable and doesn’t leave you falling behind on other obligations.
National Legal Center negotiates with companies like MCM daily. Complete this short form to discover options to deal with Midland Credit Management and any other creditors you may have.
If you’re tired of struggling with debt, you’ve got options. Call today and let National Legal help you #standuptodebt once and for all.
An Attorney’s Guide to Reading a Collection Letter
Collection letters are a scary thing for most people. So, we’re bringing you a debt relief attorney’s guide to reading a collection letter. They can be intimidating and confusing to read, but not if you follow these simple steps! Once you understand what the creditor wants from you, you’ll be ready to #standuptodebt with confidence.
We’re diving in deep to show you exactly how to read a collection letter from start to finish.
Have a specific item you’re curious about?
Follow these quick-links to the attorney’s guide to reading a collection letter to get you right to your answer.
Let’s begin the attorney’s guide to reading a debt collection letter by looking at:
What Does “Current Owner” Mean on a Collection Letter?
When you first look at a collection letter, you’ll notice a few things. Near the top you’ll usually see details about the account. This may include:
whom you owe
how much the claim you owe
who the current creditor or dent owner is
reference number
invoice numbers
the mailing address of the debt collection agency
First, we’ll dive in on the “current owner” portion of the details section. This may also appear as a “current creditor.” The terms can be used interchangeably.
What is a Current Owner or a Current Creditor?
If you have received a collection letter and are left asking yourself:
“What is a Current Owner/Creditor”
“Who is Midland Credit Management?”
“Who is Portfolio Recovery Associates?”
“Who is LVNV Funding?”
Or if you have some other company you’ve never heard of saying you owe them money—read on!
Who are these companies?
How could there be anything but the original creditor involved here?
Understanding the players involved will help you make informed decisions. In addition to understanding what a current owner is, we’ll also address how to know if you are dealing with a reputable company.
What is an Original Lender?
Before we jump into the current owner, let’s start from the beginning. The attorney’s guide to reading a collection letter is intended to be thorough, after all!
Among those details found near the top of a collection letter will usually be a reference to the original lender. The collection letter may also refer to the “creditor,” “lender,” or similar. Simply put, this is the company that you owed money to. This is the financial institution that initially issued the credit card, loan, or line of credit.
Examples include big banks such as Bank of America, Chase, or Discover, smaller local community banks and credit unions, and other lenders.
What is a Current Owner?
When someone falls behind on a debt, the account is considered “delinquent” or “in default.” A debt that falls behind goes through a rather expected lifecycle of delinquent debt.
One part of the lifecycle of delinquent debt is that the account may eventually be sold to a debt buyer. These are companies that purchase an inventory of delinquent debt for less than the total amount owed across all accounts. A lot less, according to the Federal Trade Commission.
Once they have purchased your debt, this debt buyer is now the owner of your account. Their goal is to collect as much as they can, on as many accounts as possible, to maximize their profit.
This company, the debt buyer who purchased your debt from the original creditor, is the “current owner” of the account. They have received the rights to the debt and can now pursue collections. They can attempt to collect directly, or they too can hire a third-party collection agency to collect on the debt.
Are They Legitimate?
If there is one thing the attorney’s guide to reading a collection letter wants to deliver, it is peace of mind. If you ever receive a letter from a company that is unfamiliar to you demanding money, pause! There are tons of scams out there, and they love to target vulnerable individuals.
If you have had debt trouble in the past, your debt may have been sold to a debt buyer. If the information regarding the debt is familiar to you, and you had trouble in the past, take it seriously, but confirm their credibility before paying.
If you are not familiar with the debt, or are not confident that this is a legitimate company attempting to collect on a legitimate debt, you have rights. You can research the company with a bit of online research. A bad BBB rating doesn’t mean they are illegitimate. Honestly, that is a bit expected for their industry.
Note that some types of debts, such as personal loans and payday loans, do have a higher tendency to attract scam artists. If this is the type of debt that the supposed collector is trying to collect, be extra wary.
Next in the Attorney’s Guide to Reading a Collection Letter:
What Does “Charge-Off” Mean on a Collection Letter?
Next, we’ll move on to another phrase often found when you read a collection letter.
Many collection letters will include the term “charge-off.”
Like credit reports, collection letters are full of terms that mean something other than what you might assume. Of all the odd terms found on collection letters, this one likely raises the most questions from clients receiving our debt resolution service.
So, what does “charge-off” mean on a collection letter?
Is it as bad as the collection letter makes it out to be?
Let’s take a look at that and also consider different perspectives based on your unique goals.
What Prompts it, and When?
The only time an account will charge off is if payments are delinquent.
Even if you are making partial payments, the creditor may charge off the account. Therefore, you need to make the minimum payment to avoid falling behind.
A charge-off will generally occur after about 180 days of non-payment. There may be some variation based on the type of debt, according to the FDIC. It can sometimes happen as early as 120 days after missing the first payment, but the 180-day mark is the normal timeframe for credit cards.
The Credit Bureau’s Perspective
Let’s start by looking at the way Experian defines it.
According to Experian, “Charge off” means that the credit grantor wrote your account off of their receivables as a loss, and it is closed to future charges. When an account displays a status of “charge off,” it means the account is closed to future use, although the debt is still owed.”
As you can see, this refers more to the creditor than the debtor.
Yes, a charge-off is considered a negative remark on a credit report. And, yes, it can affect the way the debt is collected. However, it more has to do with a creditor’s internal accounting.
Probably one of the most critical points their definition makes is that the debt is still owed.
The Collection Definition
Collection letters will often make statements such as “if you do not make arrangements to repay this debt, it may result in the account being charged off….”
They intend for this to sound scary.
It should come as no surprise that a collector will do whatever they legally can to collect on a past-due debt. Turning an accounting term into a scare tactic is just another example of how they tend to operate.
It can help to know that this is a normal part of the collection process.
That is worth repeating.
A charge-off is a normal part of the collection process.
In many cases, a charge-off can be helpful because the lender or any third-party debt collector that may become involved may be more willing to make a deal to resolve the debt.
Further, among the most helpful benefits of a charge-off is that it prevents late fees from continuing to accrue on the account. It may go without saying that this can be incredibly helpful when trying to get out of debt.
Friend or Foe?
So, what is the real takeaway here?
Most people think of charge-offs in a very negative sense. Sure, it is a negative remark on a credit report. In all reality, though, it is more of a ‘matter-of-fact’ occurrence. By the time you have an account that reaches this point, it is probably no surprise that the debt is behind.
That is the real issue- the delinquency. Making a single payment to prevent that charge off is just a band-aid. You’ll still have the same struggle to deal with next month or on another account.
Rather than viewing the reference to a charge-off as a call to take action on that particular account, use it as a jumping-off point to work on bettering your entire financial situation.
Rather than attempting to prevent (or, more likely, delay) a single account from charging off, you will be better off making a plan to resolve all of your debts.
Easier Said Than Done?
Dealing with trouble debt and credit is hard. But, you don’t have to go it alone. We will lend a few suggestions, but always consider your unique big-picture to determine the best steps to reach your goals.
If you’ve just recently fallen behind, consider working with a reputable non-profit credit counseling agency. They can help you create a budget and make a plan to repay all of your debts.
We don’t want you just to read the attorney’s guide to reading a collection letter. We want you to take action.
If you are at the point of seeing your accounts charge off, you need a solution. This is an urgent situation, and you’ll want to create a plan of action to deal with the charge-off. The legal team at National Legal Center can assist you in doing exactly that.
One of the biggest focuses of the Attorney’s Guide to Reading a Collection Letter:
What Does ‘You have 30 days to dispute the validity of this debt’ Mean?
Collection letters come in all shapes and sizes.
They’re full of scary language and fine print. Or, maybe they say they’re on your side and want to be your friend. They may say the balance is due in full right away or that you must call their office to take advantage of some great offer. Sometimes they even have an entire second page with nothing but disclosures.
One of those disclosures, in particular, is very common. It usually accompanies the first letter a company sends after acquiring an account. This disclosure reads: “You have 30 days to dispute the validity of this debt.”
What does it mean?
What happens after 30 days?
Why are they giving that deadline?
What if you don’t do whatever it is they’re saying to do?
We’re going to dive in on all that and more.
This information is not just for clients enrolled in our Debt Resolution Legal Services but for anyone who needs to know how to read a debt collection letter. It shouldn’t take a legal degree to understand your consumer rights. We’re here to break it down for you so you can #standuptodebt, once and for all.
A Notice Of Your Rights
The first thing to know is that this is not a scare tactic.
People are sometimes concerned after reading this particular disclosure. They think that if they do not do this “thing,” they might be sued or face some other consequence.
The disclosure: “You have 30 days to dispute the validity of this debt.” is informing you of a right afforded to you under the Fair Debt Collections Practices Act (FDCPA). The wording may sound a bit doom-and-gloom because of that 30-day “deadline” that it seems to express. However, it is meant to help you!
Legal-Speak
According to the Federal Trade Commission, the particular provision of the FDCPA extending the right to dispute the validity of the debt is:
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Yes. That is quite a run-on sentence.
Real Talk
This disclosure explains that under the FDCPA, you have the right as a person in debt to essentially say “this is not mine,” “I don’t believe I owe this,” or “that balance is not correct.”
If you do that within 30 days from the date you receive the collection letter, the collector should stop collecting until they validate the debt. That means they are not supposed to call, email, send letters or pursue other means of collection until they have provided you—the debtor— with proof of the debt.
There is so much upside there. Validating a debt can be a powerful tool for a person in debt, which is why it is one that debt settlement attorneys often use.
The Window Closes… Sort Of
Everything seems to center around this 30-day timeframe.
So, what happens after 30 days?
According to the Consumer Financial Protection Bureau, you can lose important rights if you do not act within the allotted time. Our experience shows that many reputable collection agencies and debt collectors will choose to stop collecting until they’ve provided validation of the debt, even if it is after the 30-day timeframe. However, as the CFPB points out, they are not likely under a legal obligation to do so.
It is always best to act within the timeframe specified under the FDCPA. However, if you do not believe the debt is valid, it may be worth disputing even if that window seems to have closed.
When To Send A Debt Validation Letter
The purpose of this provision of the FDCPA is to allow consumers to set the record straight. If you are receiving collection notices about a debt you don’t owe, this is your first chance to put it to rest. However, this right is not meant to get you out of debt that you legitimately owe.
Be mindful when disputing a debt- it could work against you.
The particular details of your situation will determine whether or not you should consider disputing a debt. For example, if you really do owe the debt, and you know you owe it, it may not be worth making the collector jump through the hoop of validating the debt.
Responding to their letter confirms a few things for them.
you are alive
they have the correct address
you are aware of the debt
the debt is bothering you
In addition to the information above, you have also forced them to gather statements and other documentation they may not have had to get. You’ve prompted them to put energy and expense into your debt.
Many of the documents needed to validate the debt also happen to be the same ones that assist a collector in filing a lawsuit to collect the debt.
So, again, be mindful.
What To Write In A Debt Validation Letter
The specific language one should use when writing a debt validation letter is specific to the details of the situation.
For example, our debt relief attorneys may send one letter when a balance seems different from what the client believes they owe. For example, we might send a different letter for a client who believes the debt was not theirs at all.
The CFPB provides several sample letters that can be quite useful.
If you are taking the time to write a letter to a collector, you might expect some sort of response. Per the FDCPA, their only requirement is to stop collecting until they can validate the debt. Assuming this is within that 30-day window, of course.
In some instances, they will send a letter confirming receipt of your request for debt validation. Beyond that, they should top collecting or send what they believe is proof.
A full validation will likely include credit card statements, a signed contract, and other documents to the effect.
Sometimes, they will send a haphazard letter or explanation claiming the debt is valid without giving much “proof.” In instances like this, our attorneys will often engage them through several rounds of communication. They may explain why they don’t believe the validation was accurate or thorough, among other approaches.
And sometimes, the collectors won’t respond at all.
They may genuinely cease collecting on the debt, conceding that they cannot prove that it is valid. In some instances, they may even send a letter confirming that they could not obtain appropriate documentation and will discontinue collecting the debt.
Well, What is a Debtor to Do?
As is so often the case, it depends.
Debt matters are so situational that attempting to provide a cookie-cutter response would be a disservice to you and a risk to your financial future.
Before sending a letter on your own:
Arm yourself with all the information you can.
Read more.
Review example letters.
Make sure you understand the specifics of your debt situation and how aggressive or consumer-friendly the collecting entity is.
Each item should help you decide whether or not to take action after reading that now not-so-scary disclosure- “You have 30 days to dispute the validity of this debt.”
Last, but not least, in the Attorney’s Guide to Reading a Collection Letter:
What Does ‘The law limits how long you can be sued on this debt’ Mean on a Collection Letter?
Sometimes it can be hard to tell what a collection letter is really trying to say. For example, is the collector sharing a notice that they are required to share by law? Or are they trying to frighten the reader into making a payment?
If you have ever come across the phrase “The law limits how long you can be sued on a debt” on a collection letter, it is crucial that you understand the meaning. This one sentence may entirely change the way you choose to deal with the account.
Simple Notice or Scare Tactic?
When this disclosure appears on a collection letter, it is most assuredly not a scare tactic.
It can be alarming to see any phrasing that refers to being sued, which sends many people into a bit of a panic. In this situation, though, the entire sentence and context is very important. They are explaining that they cannot, or will not, sue you because of how long the debt has gone unpaid.
So, this is a win!
Eliminating this risk takes away one of the biggest concerns of debt falling delinquent.
In some places, law dictates that collection agencies and other collecting entities tell debtors that they cannot sue them. This crucial factor allows the consumer to make informed decisions on how to deal with the debt.
The paragraph may include other vital points for you to be aware of. For example, they may also explain situations where they can regain the option to take legal action, such as when the debtor agrees to make a payment. So, be sure to read the letter closely. Sometimes it helps you understand what not to do!
What is a Statute of Limitations?
A statute of limitations is how long a person or entity has to take legal action against another person or entity for a grievance.
Statutes of limitations apply to many different situations. For example, it can come into play in criminal, corporate, or civil matters.
Generally, a collector will not sue on a debt that has passed the statute of limitations. However, there are times when they may still do so. When that happens, they may be unaware of the passing of the limitation, or they may be hoping that the consumer isn’t aware of their legal rights.
Suppose someone is sued after the statute of limitations has passed. In that case, the debtor then has a solid legal defense should a creditor take legal action against the individual.
State Laws Regarding Debt Collection
Regarding debt collection, some laws are established under federal laws, and others under state laws. For example, the FDCPA (Fair Debt Collection Practices Act) is established under federal law, whereas individual states determine the statute of limitations applicable under civil contract law.
Each state dictates its own statute of limitations regarding debt litigation. While the time frame generally falls around 5-6 years, there is a great deal of nuance from one state to the next and one type of debt to the next. For this reason, it is essential to review this legal matter with a debt attorney who is familiar with the laws of your state.
Examples of the nuance that often come up which can complicate the interpretation of the statute of limitations on a collection letter are:
Did you move to a different state than when you opened the account?
What state law did the original agreement say it would use?
Has there ever been a lawsuit filed on this account before?
Was this a revolving line of credit, like a credit card, an installment loan, or some other type of debt?
Was there a co-borrower on the account?
Did you agree to make a payment after initially falling behind?
Did you actually make a payment after initially falling behind?
In some locations, did you acknowledge that yes, you owe that debt in writing?
These are just a few examples of facts to consider when determining what it means when you see “The law limits how long you can be sued on a debt” on a collection letter.
There is a good chance that seeing that language on a collection letter means the collector should not file a lawsuit. However, it is imperative to speak with a licensed debt attorney to be sure. They will be able to help you interpret the document correctly and guide you on the next steps.
What Starts The Clock?
In many jurisdictions, the account starts counting down toward the statute of limitation when the last transaction occurred. That, of course, does leave plenty of gray area, which is why it is best to err on the side of caution.
Reviewing your credit report can help you identify the date the creditor reported to the credit bureaus as the last payment date, as well as when the account charged off.
Continued Implications
When you see “The law limits how long you can be sued on a debt” on a collection letter, a deep sigh of relief is warranted! This is because the legal risks on the account are likely much less when that statute has passed.
While this is wonderful news, it also helps to know that there are continued implications to having the debt remain outstanding.
Credit Report
When an account is delinquent, it will be reported to the credit bureaus as being behind. The statute of limitations does not have any tie to how long an account appears on your credit report.
Accounts generally remain on credit reports for seven years from the initial delinquency. So, even if you live in a state with a short statute—say three years—it will likely continue to appear in your credit report until the end of that seven-year time frame.
Collection Activity
In addition to appearing on your credit report, you may still experience collection activity on the account. Even if the collector cannot sue, they can call and send letters as long as they wish, up until you tell each new collector to stop in writing. An entire subset of the debt purchasing industry focuses on purchasing debt long past the statute of limitations.
If they continue calling and sending letters, your risks are not likely to change as long as you do not do something that resets the statute of limitations. Some ways you can unintentionally do this are by making a payment or even just a promise to make a payment on the debt in some states.
Speaking with a debt attorney will help you understand how to handle ongoing collection activity on post-statute accounts. In fact, several laws govern the collection of this kind of debt. Suppose they are not adhering to these regulations. In that case, you may be able to take action against them, possibly leading to your receiving money from the collector.
Financing Hurdles
If you are in the market for a home or a mortgage refinance, the debt may pose a hurdle to you. Sometimes they will require the borrower to resolve the debt even if it is past the statute of limitations.
You may have the option of settling the debt, or they may require that you pay the balance in full to complete the financing.
What to Do
Now that you understand what it means to see “The law limits how long you can be sued on a debt” on a collection letter, what’s next?
Sometimes inaction is the best strategy.
Suppose you confirm that the account is truly past the statute of limitations, congratulations! Aside from a pesky remark on your credit report and occasional letters or calls, you are not likely to have much more trouble with this account. Even if the account isn’t actually past the statute of limitations, save the letter. If the same collector later files suit you can produce that in court to show why the case should be dismissed, because you relied on their assertion.
Given that this is a state law with quite a bit of nuance, we suggest speaking with a debt attorney familiar with your state laws to ensure correct interpretation of the letter. The legal professionals at National Legal Center are glad to discuss your available options to help you move forward with confidence.
An Attorney’s Guide To Reading a Collection Letter
While we hope that this information and the resources provided are helpful and maybe even actionable, we do not want you to take it as legal advice.
If you have received a collection letter, don’t panic!
This is a letter. You can take your time to read it carefully and understand what you are being asked to do. And you should.
If you have any questions, please submit a request for a consultation or call our office. We can help read through the collection letter you’ve received. Become confident as you navigate the collections process with a law firm by your side. Reach out so we can stand up to debt, together!
Sometimes it can be hard to tell what a collection letter is really trying to say. For example, is the collector sharing a notice that they are required to share by law? Or are they trying to frighten the reader into making a payment?
Today, we’ll review one of those phrases.
If you have ever come across the phrase “The law limits how long you can be sued on a debt” on a collection letter, it is crucial that you understand the meaning. This one sentence may entirely change the way you choose to deal with the account.
Simple Notice or Scare Tactic?
When this disclosure appears on a collection letter, it is most assuredly not a scare tactic.
It can be alarming to see any phrasing that refers to being sued, which sends many people into a bit of a panic. In this situation, though, the entire sentence and context is very important. They are explaining that they cannot, or will not, sue you because of how long the debt has gone unpaid.
So, this is a win!
Eliminating this risk takes away one of the biggest concerns of debt falling delinquent.
In some places, law dictates that collection agencies and other collecting entities tell debtors that they cannot sue them. This crucial factor allows the consumer to make informed decisions on how to deal with the debt.
The paragraph may include other vital points for you to be aware of. For example, they may also explain situations where they can regain the option to take legal action, such as when the debtor agrees to make a payment. So, be sure to read the letter closely. Sometimes it helps you understand what not to do!
What is a Statute of Limitations?
A statute of limitations is how long a person or entity has to take legal action against another person or entity for a grievance.
Statutes of limitations apply to many different situations. For example, it can come into play in criminal, corporate, or civil matters.
Generally, a collector will not sue on a debt that has passed the statute of limitations. However, there are times when they may still do so. When that happens, they may be unaware of the passing of the limitation, or they may be hoping that the consumer isn’t aware of their legal rights.
Suppose someone is sued after the statute of limitations has passed. In that case, the debtor then has a solid legal defense should a creditor take legal action against the individual.
State Laws Regarding Debt Collection
Regarding debt collection, some laws are established under federal laws, and others under state laws. For example, the FDCPA (Fair Debt Collection Practices Act) is established under federal law, whereas individual states determine the statute of limitations applicable under civil contract law.
Each state dictates its own statute of limitations regarding debt litigation. While the time frame generally falls around 5-6 years, there is a great deal of nuance from one state to the next and one type of debt to the next. For this reason, it is essential to review this legal matter with a debt attorney who is familiar with the laws of your state.
Examples of the nuance that often come up which can complicate the interpretation of the statute of limitations on a collection letter are:
Did you move to a different state than when you opened the account?
What state law did the original agreement say it would use?
Has there ever been a lawsuit filed on this account before?
Was this a revolving line of credit, like a credit card, an installment loan, or some other type of debt?
Was there a co-borrower on the account?
Did you agree to make a payment after initially falling behind?
Did you actually make a payment after initially falling behind?
In some locations, did you acknowledge that yes, you owe that debt in writing?
These are just a few examples of facts to consider when determining what it means when you see “The law limits how long you can be sued on a debt” on a collection letter.
There is a good chance that seeing that language on a collection letter means the collector should not file a lawsuit. However, it is imperative to speak with a licensed debt attorney to be sure. They will be able to help you interpret the document correctly and guide you on the next steps.
What Starts The Clock?
In many jurisdictions, the account starts counting down toward the statute of limitation when the last transaction occurred. That, of course, does leave plenty of gray area, which is why it is best to err on the side of caution.
Reviewing your credit report can help you identify the date the creditor reported to the credit bureaus as the last payment date, as well as when the account charged off.
Continued Implications
When you see “The law limits how long you can be sued on a debt” on a collection letter, a deep sigh of relief is warranted! This is because the legal risks on the account are likely much less when that statute has passed.
While this is wonderful news, it also helps to know that there are continued implications to having the debt remain outstanding.
Credit Report
When an account is delinquent, it will be reported to the credit bureaus as being behind. The statute of limitations does not have any tie to how long an account appears on your credit report.
Accounts generally remain on credit reports for seven years from the initial delinquency. So, even if you live in a state with a short statute—say three years—it will likely continue to appear in your credit report until the end of that seven-year time frame.
Collection Activity
In addition to appearing on your credit report, you may still experience collection activity on the account. Even if the collector cannot sue, they can call and send letters as long as they wish, up until you tell each new collector to stop in writing. An entire subset of the debt purchasing industry focuses on purchasing debt long past the statute of limitations.
If they continue calling and sending letters, your risks are not likely to change as long as you do not do something that resets the statute of limitations. Some ways you can unintentionally do this are by making a payment or even just a promise to make a payment on the debt in some states.
Speaking with a debt attorney will help you understand how to handle ongoing collection activity on post-statute accounts. In fact, several laws govern the collection of this kind of debt. Suppose they are not adhering to these regulations. In that case, you may be able to take action against them, possibly leading to your receiving money from the collector.
Financing Hurdles
If you are in the market for a home or a mortgage refinance, the debt may pose a hurdle to you. Sometimes they will require the borrower to resolve the debt even if it is past the statute of limitations.
You may have the option of settling the debt, or they may require that you pay the balance in full to complete the financing.
What to Do
Now that you understand what it means to see “The law limits how long you can be sued on a debt” on a collection letter, what’s next?
Sometimes inaction is the best strategy.
Suppose you confirm that the account is truly past the statute of limitations, congratulations! Aside from a pesky remark on your credit report and occasional letters or calls, you are not likely to have much more trouble with this account. Even if the account isn’t actually past the statute of limitations, save the letter. If the same collector later files suit you can produce that in court to show why the case should be dismissed, because you relied on their assertion.
Given that this is a state law with quite a bit of nuance, we suggest speaking with a debt attorney familiar with your state laws to ensure correct interpretation of the letter. The legal professionals at National Legal Center are glad to discuss your available options to help you move forward with confidence.
