How to Deal With an Aggressive Debt Collector

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Are debt collectors harassing you? Are they calling or texting you at all hours? Are they using threatening language? Aggressive debt collectors use a variety of tactics to get people to make payments on their debt. They are often persistent and resort to bullying or threatening you. Don’t be intimidated by this behavior. Know that you have rights as a consumer and that an experienced attorney could help.

If you are facing illegal harassment from rude debt collectors, Loan Lawyers could help you stop this unwanted and possibly illegal behavior. Contact us for more advice on how to deal with rude debt collectors.

Tips on How to Deal with Aggressive Debt Collectors

Responding to debt collectors can feel overwhelming, so here are some tips to help:

1. Know your rights – The Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act protect consumers from unauthorized communication from debt collectors. These laws specify how debt collectors may obtain your information, how they can contact you, and when they can contact you. False and misleading representations, harassment, and other unfair practices are prohibited.
2. Keep records – Make detailed notes about any calls you receive and what you discuss. You should also keep your financial records organized. You can dispute the debt if their requests do not match your records.
3. Don’t make a payment – Making a small payment of $5 or $10 may seem like a good idea. However, it could restart the statute of limitations. This could lead to a lawsuit or wage garnishment. Don’t make promises such as “I can start paying next month” for the same reasons.
4. Request that they stop calling – You can send a letter to the collection agency requesting they stop calling. You can also block their number on your phone.
5. Stay calm – If your case goes to court, you don’t want evidence that you became angry or used vulgar language when dealing with the collection agency. You may also unintentionally share damaging information if you’re mad or upset.
6. Consult with an attorney – Once you hire an attorney, the FDCPA requires that the debt collector speak directly with your lawyer. This can end unwanted calls, and you won’t need to worry about accidentally sharing information that could jeopardize your case.

You may also report abusive debt collectors to the Federal Trade Commission and the Consumer Financial Protection Bureau.

Common Actions Performed by Aggressive Debt Collectors

Signs you are speaking with an aggressive debt collector include:

• Speaks disrespectfully, including using vulgar language
• Communicates in an aggressive or angry tone
• Displays a lack of sensitivity for your finances or personal concerns
• Uses threats or scare tactics

Many of these and other related behaviors are prohibited by law.

Talk to Our Skilled Debt Collector Harassment Attorneys in Fort Lauderdale, FL Today

Living under a cloud of debt can leave you feeling frustrated and hopeless. Aggressive debt collectors only add to that stress.

At Loan Lawyers, we have helped over 7,000 Florida clients get out of debt. We’ve also recovered over $25 million on behalf of our clients as compensation for negligence or fraud by debt collectors, credit card companies, and banks. We are here to protect you from their abuse. Contact us today for a free consultation.

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Claiming Surplus Funds After a Florida Foreclosure

Going through a foreclosure is devastating. Throughout the process, you have had a lot to think about. Afterwards, you likely just want to put it all behind you and start moving forward. However, there may be surplus funds you are not aware of. After a home has gone through the foreclosure process, there are often funds remaining and sometimes, these are taken by the lender as profit.

While surplus funds are essentially profits from the sale, they should not be taken by anyone other than the homeowner who was vacated from the premises. Unfortunately, many homeowners do not even know that these funds exist. If you have been through a foreclosure, you may not know that there are surplus funds you can claim. Your lender may not have notified you about these funds, and if that is the case, you may be able to take legal action against the lender. Below, our Florida foreclosure lawyer explains more.

What are Surplus Funds?

After a foreclosure sale or deed in lieu, there is sometimes additional money remaining. This additional money is called surplus funds. In most cases, the amount is shown on the certificate of disbursement. The additional funds can be a result of insurance, taxes, operating expenses, and other fees. When surplus funds do remain after foreclosure, the lender has essentially made a profit from selling your home.

Surplus funds are also sometimes present when a homeowner has equity in the home at the time of the foreclosure sale. In these cases, homeowners may receive a letter from a trustee stating that there are surplus funds. When the foreclosure is complete, the homeowner can then claim the surplus funds. The majority of people who go through the foreclosure process are unaware that there are surplus funds, or that they have a right to claim them.

Foreclosures are complicated processes for those going through them, and they are also very stressful experiences. You may be feeling confused and uncertain about what the future holds. You may also be worried about taking the right steps to complete the process. Not only that, but you may not realize or remember that you have equity in the home. If you do not have the right advisors on your side, such as a Fort Lauderdale foreclosure defense lawyer, you could miss out on funds that are owed to you.

The foreclosure process is a long one, but after your home has been sold at a foreclosure auction, the lender should notify you if there are surplus funds you can claim. The surplus funds are essentially the difference between the outstanding balance on the mortgage loan and the sale price. Due to the fact that foreclosure sales are auctions, the prices for homes can vary greatly. The equity a homeowner has put into a home is not affected by the final selling price of the home, as it is static.

Who Can Claim Surplus Funds?

Surplus funds are typically given to the most recent homeowner. As such, you should receive them after the foreclosure sale. However, other parties may come forward and try to claim the surplus funds. For example, if there is a second mortgage on the property, the lender of that loan may claim the funds to help pay off the debt the borrower owes to them. In this case, you will receive surplus funds only if there is additional money left after the second mortgage lender has made their claim.

How to Claim Surplus Funds After a Foreclosure in Florida

If you believe there are surplus funds after a foreclosure sale on your former home, there are certain steps you can take to claim them. These are as follows:

• Prove ownership: You must first prove that you were the last owner of the home and as such, are entitled to the surplus funds. You can prove ownership by obtaining a copy of the title through a title search if you no longer have a copy.
• Verify the surplus funds: During this phase of the process, you must analyze the foreclosure records and subtract any loans or liens that were on the property. The remaining amount equals the funds you should have received after the foreclosure sale. A Fort Lauderdale foreclosure defense lawyer can assist with gathering the evidence that is required for this part of the process. If you have a Deposit of Surplus Funds letter, this can also serve as evidence to verify the surplus funds.
• Contact the trustee: You need to contact the bank or the lender that has a lien on your home and notify them that there are surplus funds you are owed. You may have to reach out to more than one lender if you had a second or third mortgage on the home.
• Submit your claim: You must submit your claim to the court and to the trustee. The trustee and the court will then examine your claim and determine if you are owed surplus funds. If you do not claim the funds within two to three months, the funds will be kept by the court.
• Hearings and motions: There may need to be court proceedings and hearings before you receive the surplus funds owed to you. Once all the hearings and motions are complete, you can then receive the surplus funds.

Why Working with a Foreclosure Defense Lawyer is Important

If you have surplus funds to claim, do not go through the process without the help of a foreclosure defense lawyer in Fort Lauderdale. There are many companies that claim they will help you obtain the funds you are owed, but they will require you to sign over your rights to the property, and therefore the funds, that are rightfully yours. They also will not provide legal advice. A lawyer will never ask you to sign over your rights but instead, will make sure that they are protected at all times.

Call Our Foreclosure Defense Lawyer in Fort Lauderdale Today

If you have gone through the foreclosure process and believe you may have surplus funds owed to you, do not hesitate to call our Fort Lauderdale foreclosure defense lawyers. Our experienced attorneys at Loan Lawyers can help you navigate the process and will give you the best chance of obtaining the funds you deserve. Call us now at (954) 523-4357 or contact us online to schedule a free consultation.

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Being sued by Credit Corp Solutions or another debt collector for a student loan debt?

Many people believe that since they are in default on student loans, nothing can be done.  However, we are seeing more and more student loan debt being sold to debt buyers such as Credit Corps Solutions. That is music to our ears because whenever a debt buyer is suing someone for student loans, that already gives us really good leverage against them.  Debt buyers rely on people to assume nothing can be done so they can strong-arm them into paying them a ton of money or they simply will get a judgment against the borrower that will sit and earn interest for 20 years or more until it is paid off.  However, informed borrowers know that hiring a lawyer may result in getting the entire student loan debt wiped out without paying a penny.  That is correct, these cases are often very defendable because debt buyers such as Credit Corp Solutions may have a difficult time proving their case in court.

Sued By Credit Corp solutions? Talk to Our Experienced Debt Defense Attorneys in Fort Lauderdale, FL Now

If you are being sued for a student loan debt, the worst thing you can do is ignore it and let them get a judgment against you or try to work out a deal on your own without consulting Loan Lawyers first.  We have eliminated dozens of student loan debts already this year and may be able to get your student loan lawsuit dismissed or resolved in your favor.  Trying to handle a student loan lawsuit on your own will likely cost you a lot of money.  Hiring Loan Lawyers may result in having the entire student loan lawsuit dismissed without you having to pay a penny.

So, if you are being sued by Credit Corp Solutions or any other debt buyer for a defaulted student loan, call Loan Lawyers today for your 100% free consultation with one of our attorneys.  Do not go at it alone, put our experience, track record, and aggressive strategies to work for you!  Call us right now at 1-888-FIGHT-13 or contact us online for your free consultation.

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