Overwhelmed by debt? Behind on credit cards? Being sued in Massachusetts court by a debt collector? Receiving harassing collection calls? Buried by student loans? Contact us for a Debt Consultation. We Champion the Rights of consumers just like yourself.
You may have more rights than you know. Debt collectors routinely violate the law, leaving consumers with legal remedies. Culik Law can help you defend against the harassment of debt collectors, prevent garnishment, stop lawsuits, overturn default judgments, and defend your rights to the fullest extent of the law. We represent Massachusetts consumers in Massachusetts Courts – District Court, Superior Court, Federal Court, and Appellate Court.
There a number of different levels that debt collectors work on, and different defenses to the collections that they attempt. In most cases, the debt being collected is a credit card, medical bill, utility, or sometimes even a second mortgage.
You are protected by the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, which is a federal law prohibiting debt collectors from engaging in unfair and abusive behavior in connection with debt collection from consumers. The FDCPA applies to debts, such as credit cards, medical bills, and home mortgages, that were incurred for consumer purposes, such as for family and household use. It does not apply to collection of business debts. If a debt collector engages in any of these prohibited acts, or if you simply feel that you have been disrespected or treated unfairly, it is very likely that the collector violated the FDCPA which gives you leverage when dealing with the debt. The best way to protect yourself is working with an experienced Massachusetts consumer protection attorney.
If the creditor pursuing you is the original creditor (like the credit card company, typically Chase, Bank of America, Citi, Discover, Capital One), then the methods for defending against them may be different than if you are being sued by a debt collector or debt buyer (companies that buy debts from original creditors just so they can sue people on them). Common debt buyers in Massachusetts include Midland Funding LLC, Midland Credit Management, LVNV Funding, Portfolio Recovery Associates, Unifund, Cavalry SPV, Cavalry Portfolio Services, Arrow Financial Services, LLC, Asta Funding, Inc., Encore Capital Group., NCO Portfolio Management, Inc., Sherman Financial Group, Exelero Corporation, Waterfront Capital, and many other debt collectors and debt buyers.
We are also experienced in dealing with most major Massachusetts debt-collection law firms, including Law Offices of Howard Lee Schiff, Zwicker and Associates, Lustig, Glaser & Wilson, J.A. Cambece Law Office, Schreiber/Cohen LLC, Forsyth Law Office, Law Offices of Gary Kreppel, Law Office of Carl Brugnoli, Law Offices of Goldberg & Oriel, Law Office of John Slingerland, and many others.
Debt collectors (and creditors) are not allowed to harass consumers when they try to collect debts. The federal Fair Debt Collection Practices Act (FDCPA) and the Massachusetts Consumer Protection Act (also called Chapter 93A) prohibit threats, obscene language, harassing phone calls, or coming to a consumer’s house outside normal waking hours.
Debt collectors who engage in harassing behavior can be sued for up to $1,000 in damages, plus any other damages associated with the harassment.
If you have received a notice that a debt collector filed a lawsuit against you in court, you may be wondering what to do. Often, people who are sued do not actually owe the debt because the account at issue was paid off already, or because someone has stolen his or her identity.
Other times, if it not the original creditor who filed the lawsuit, and it is instead a “debt buyer” (a company that buys defaulted accounts), the company may not have legally sufficient evidence that it owns the debt. The following is an overview of some of the most important things to be aware of when defending against a debt-collection lawsuit.
In some cases, creditors, debt collectors, or their attorneys may be willing to settle an account for less than the amount due. This can be a way to end collection calls or sometimes even have the account reported more favorably on your credit report. There are different ways to settle debts, however, and it is important to be aware of these differences.
You may have heard of “debt settlement” as a way to deal with your debts. But what is usually advertised as debt settlement is often a bad deal that takes advantage of consumers. How so? Most debt-settlement companies charge exorbitant fees for their services. They also cannot stop creditors from filing lawsuits against you, or defend you against debt-collection harassment. The Federal Trade Commission, which is one of the government agencies in charge of regulating unfair business practices, has a useful web page warning against some of the practices of debt settlement companies.
We are dedicated to helping people deal effectively with financial difficulties and other legal problems. Because we realize your financial well-being plays such an important part in your life, Culik Law’s experienced attorneys make it a priority to provide personal attention and a caring, professional approach to helping you work towards a new financial beginning.
A civil suit was brought against me by a junk debt buyer. Culik Law was quickly able to secure an extremely favorable settlement for me. I could not be more satisfied with their service.
I went from owing thousands of dollars to actually receiving a settlement in my favor for violations by the debt collector! I could not be happier and have a huge burden removed.
I felt lost and like I was in the wrong. Culik Law was great at treating me with respect and caring and showing me I had rights.
Culik Law successfully navigated us through this process and treated us, and our case, with the highest regard for respect and professionalism.
Culik Law was actually able to get the case dismissed, the debt cleared, and my credit fixed. It just feels great to know someone is on your side
I knew that I had certain rights as it relates to debt collection practices. Attorney Culik and his team worked diligently to represent me and help defend against the claim, providing advice and updates along the way.
When a debt collector tried to sue me again for a debt that was dismissed years ago, Attorney Culik explained my rights and how he would defend them. It was nice to find someone who was on my side.
Through every step Culik Law kept me informed of all possibilities. I was at ease through the whole process. Any questions were answered promptly.
The entire law firm was reassuring, comforting, and always willing to educate and help. They did so much more than represent me legally - they empowered me.