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Category: Blog

Harassment Lawyers – What Counts as Debt Collection Harassment?

Posted on by egomez

Federal and state laws that make debt collection harassment illegal are all well and good, but unless you know what counts as “harassment,” it’s hard to know what to look out for.

Both the FDCPA (federal law) and the FCEUA (Pennsylvania law) make it illegal for collectors to engage in “any conduct, the natural consequence of which is to harass, oppress, or abuse any person,” when collecting a debt.  Basically, collectors can’t harass or abuse you!  This very broad language includes profanity, talking down to you, threatening to tell your neighbors about your money problems, calling your house dozens of times a day, and many other possible scenarios.

Both laws also forbid the use of any “false, deceptive, or misleading representation or means” in connection with the collection of a debt.  In other words, collectors can’t lie to you or mislead you to get you to pay.  Some examples of false or misleading collection tactics include trying to collect more than you actually owe, threatening to have you arrested unless you pay, or pretending to be from the sheriff’s department or another government agency.

If you have experienced a form of harassment discussed above or would like to learn more, contact our harassment lawyers at (412) 378-5854.  In addition to forbidding various types of harassment, the FDCPA and FCEUA also make it illegal for collectors or creditors to contact you  if they know you are represented by a lawyer.

Harassed by Collectors? Take Heart – You Have Rights.

Posted on by egomez

Have you fallen on hard times?  Are you having trouble paying the bills?  Are collectors calling several times a day, and making your life miserable?

If this sounds like your situation, take heart.  A federal law called the Fair Debt Collection Practices Act (the “FDCPA”) provides powerful protections to people in just your situation.  In Pennsylvania, a state law called the Fair Credit Extension Uniformity Act (the “FCEUA”) also provides powerful protections to you.  Among other things, these laws make it illegal for bill collectors or creditors to call you at work, call your family members (except to locate you) call you before 8 a.m. or after 9 p.m., threaten you, or call you so many times a day that it becomes harassment.

If a collector violates the FDCPA or the FCEUA by harassing you, threatening you, or by some other means, YOU can actually SUE THEM.  If you win, these laws require them to both pay you and your lawyer’s fees!  This is why, if you have a strong case, many lawyers will represent you for no money up front.  These laws are powerful, beneficial tools in the hands of an experienced consumer attorney, who can use them to both protect you and get you some money.

To learn more about the FDCPA and the debt collection industry, check out the link below.  To see whether or not you might have a good case, call the Law Office of Emily Gomez at (412) 378-5854 to schedule an initial consultation.

http://www.youtube.com/watch?v=KJS9c0jgosQ

Defending a Foreclosure Lawsuit in Pennsylvania

Posted on by egomez

If you’ve been sued in a foreclosure lawsuit, you’re probably under a lot of stress and are struggling with what to do.  You may be getting a lot of letters from bankruptcy attorneys in the mail, and are wondering whether or not bankruptcy is your only option.

For some people bankruptcy is the best option in response to foreclosure, especially if they have a lot of other debt.  However, not everyone is able to file for bankruptcy – and not everyone wants to.  If you fall into either of these categories, another choice exists: defend the lawsuit in state court.

At this point you may be wondering, “What possible defenses do I have?  I fell behind on my mortgage payments – it’s as simple as that.”  Well, the picture is actually not simple at all, and most people have a lot of defenses.

Most people have defenses to foreclosure lawsuits for three reasons.  First, both Pennsylvania law (Act 6 & Act 91) and the language of the typical mortgage require that lenders send a series of statutorily prescribed notices in order to legally take someone’s home, and these notices are routinely disregarded.

Second, in many foreclosures the promissory note that you originally signed when you closed on your house is missing.  Check the papers that were filed in your case to see whether the Note is attached.  The promissory note is evidence of your debt; without it, your lender cannot prove that it owns your debt.

Finally, most foreclosures these days involve securitized loans.  These are loans that were bundled together in a large group soon after closing, turned into a security (like a stock), and sold in shares to thousands of investors.  If you have one of these loans, you are probably being sued by some company you never heard of, with “trustee” in the name.  There are many, many problems with securitized mortgages, and many defenses you can raise as a result – including but not limited to challenging the lender as being the correct person to sue, challenging the amount owed, and challenging whether your individual loan is even part of the trust that is suing you.

So if you are facing foreclosure, remember: you have choices.  If bankruptcy is not for you, you can defend the case in state court.  Call the Law Office of Emily Gomez at (412) 378-5854 to learn more.

Checked Your Credit Report Lately?

Posted on by egomez

Have you checked your credit report lately?  By some estimates, as many as 40 million Americans have errors on their credit reports.  If serious, an error can cause someone to be unable to buy a car, qualify for student loans, or otherwise obtain credit.  To check on your credit report, go to http://www.annualcreditreport.com.  Once a year, you can get your report for free from each of the major credit bureaus through this site.

To learn more about how pervasive credit reporting errors are and their potential consequences, check out the 60 Minutes report at the link below.

http://www.cbsnews.com/video/watch/?id=50140748n

So…What is Consumer Credit Law, Exactly?

Posted on by egomez

Whenever I tell someone I’m a consumer lawyer, I know to expect the puzzled look.  The furrowed brow, the inquiring stare.  “Consumer lawyer, huh?”  “So what do you do, exactly?”

Given how broad consumer credit law is, there’s a lot of long answers I could give, and have given, at different times.  In a nutshell though, consumer lawyers do the following: (1) help people who have fallen on financial hard times defend themselves against lawsuits, and (2) help people who have gotten screwed over financially in certain ways sue to get money back.

One of the challenges of practicing consumer law is that you are trying to help people enforce legal rights they mostly didn’t know they had.  For example, most people who have fallen on hard times aren’t aware that there are limits to what debt collectors and creditors can do to collect a debt.  The federal Fair Debt Collection Practices Act (“FDCPA”) and the Pennsylvania Fair Credit Extension Uniformity Act (“FCEUA”) make it illegal for debt collectors and creditors to threaten to have you arrested, to speak to your neighbors about your debt, or to call you after 9 p.m., among other prohibitions.  Another example that most people aren’t aware of is Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) and the related Automotive Industry Trade Practices Act (“AITPA”) regulations; these make it illegal for auto mechanics and dealers to engage in deceptive conduct, such as charging for work that didn’t occur or was not needed, or selling you a junk car without disclosing the problems.

A second challenge about being a consumer lawyer is the fact that many people  automatically assume that they can’t afford a lawyer.  The thing is, many times that’s not true!  One wonderful thing about many consumer laws is that they have “fee-shifting” language.  If you win your case, this fee-shifting language requires the other side to pay for your lawyer’s fees.  In other words, if you have a strong case a consumer lawyer may be able to represent you without you having to pay up front!

In these challenging economic times, almost everyone knows someone who is struggling financially.  If someone you know is having money problems, and consequently legal problems, it’s worth talking to a consumer lawyer.  You might be surprised how helpful we can be!

Debt Collectors – Debt Collection Laws and How They Work

Posted on by egomez

Have you ever wondered how debt collectors can be so callous and uncaring?  Have you ever tried to talk to a collector like a normal person, only to be insulted or put down?  In the article found at the link below, a reporter went undercover at a collection company to find out how they operate.  Collectors are trained to do whatever it takes to get you to pay – humiliate you, insult you, give you bad financial advice, imply that they will have you or a family member arrested…  The list goes on and on.

If you find yourself being hounded by debt collectors, remember that you have rights when it comes to debt collection laws.  A federal law known as the Fair Debt Collection Practices Act puts limits on what debt collectors can and cannot do when attempting to collect a debt from you.  To learn more, contact the Law Office of Emily Gomez today.

http://www.kiplinger.com/magazine/archives/2008/11/confessions-of-debt-collector.html

Fallen Behind on Your Credit Card?

Posted on by egomez

Having a credit card can be something of a mixed bag. When things are going well, having a credit card can open up new opportunities in life. Because with a credit card, you can build your credit rating making it easier, and cheaper to make big purchases.

However, it’s quite another story when things aren’t going well. There’s nothing worse than seeing those credit card bills coming in day after day and having no way to pay. And if your debt is sold to debt collectors, things can get even worse. Debt collection is stressful at the best of times. But when it comes to unscrupulous debt collectors, you may also find yourself subject to debt harassment!

This can make it seem like you have no options, and the idea of being debt free a far away dream.

Debt Rescue

But it doesn’t have to be this way, so don’t let debt collectors harass or belittle you! The truth of the matter is that Pennsylvania offers many protections to consumers who have fallen behind on their credit card bills. It’s just a case of knowing your rights, getting the right advice, and making the right plans.

This is where we at the Law Office of Emily Gomez can help!

We are experts in debt rescue and recovery. We know how to navigate the often confusion and stressful waters of debt and have done so many times over for many clients. Think your debt is inescapable? We beg differ, and can help you get back on track with repayments and credit repair.

So don’t delay, call us at (412) 378-5854 today! We’re open from 8:00 am to 4:00 pm Monday-Friday. Alternatively, you can reach us by email us at esg@egomezlaw.com, and let us help you find your way through.

Looking for more information on Pennsylvania consumer protections and credit card debt? You can read more here.

What our Clients Say

Courteous and Recommended

Emily S. Gomez, Esq. represented us in a Civil Suit by a debt collector. We are not exactly sure how we selected her, but we are glad we did. Ms. Gomez promised to refund her fee if she did not win our case. The case was “dismissed with prejudice,” which means it is gone for good. Ms. Gomez was very courteous and professional as well as sympathetic to our situation. We wholeheartedly recommend her legal services .

Affordable and a Winner

Emily helped me with a case, she was easy and comfortable to talk to. She understood my problem, she was sympathetic and professional. She explained to me all the legal matters that I did not understand and gave me feedback frequently. She gave me possible outcomes and reassured me all the way. The case resolved quickly and at the end of it all she won the case. Her payments were also reasonable and worth every penny !! I would highly recommend her!

Professional and Convenient

Emily Gomez was very helpful, professional, she handled my case and won it without my presence in court. She is very attentive and understanding. She communicates with her clients on timely manner. It was such a pleasure working with her