Albuquerque Debt Defense Attorney
If you’ve fallen behind on your credit card payments and are to the point of leaving the phone off the hook to avoid the collectors, we understand your frustration. Financial difficulty is something no one plans for, and when it happens, the stress can be all-consuming, affecting your health, family, and lifestyle.
Fortunately, there are recourses and you don’t have to fight alone. “Whether you are being sued by a credit card company, debt collector, junk debt buyer, debt collection agency, or other type of lender, be confident that debt defense attorney Vanessa DeNiro has the experience you need to fight against these companies and their lawyers in and out of court.
What Credit Card Companies Cannot Do
When working with debt collectors, it’s important to realize that you have rights, and that, despite their aggressive tactics, there are limits on what they can do to you. If you feel that your rights have been violated, call an experienced debt defense attorney immediately, who can work with these companies for you and make all contact cease for good while helping you keep a careful record of these events which can often work to your benefit in case of a lawsuit.
It’s important to remember that by law collection agencies cannot . . .
- Garnish your wages
- Put a lien against your home or bank account
- Call you before 8 AM or after 9 PM
- Reveal your debt to family, friends, or other third parties
- Refuse to provide proof of your debt
If a collection agency ignores these restrictions, you may be able to bring a lawsuit of your own, even the threat of which can often work in your favor as your attorney negotiates for you. Often, an experienced attorney can help you settle debt with the credit card company without going to court. Remember – if you declare bankruptcy, they get nothing. So most of them are more ready than they would like to admit to work with you.
If You’ve Been Sued
If you’ve already been sued and negotiation is no longer an option, we are aggressive courtroom defenders and have an extensive knowledge of New Mexico law and how violations by the collection agency can be used in your defense.
Some common defenses include:
Inability to prove ownership of the debt (“Lack of Standing”)
This happens when the credit card company sells debt to a third-party collection agency, but the agency cannot provide written documentation that it owns your particular debt or how much debt you owe.
Statute of Limitations
Creditors only have a limited time during which to file a claim. In most cases involving creit card debt, this period is 4 years from the first date where you allegedly failed to pay. If there is a written contract involved, the statute of limitations is 6 years.
Violations of Fair Debt Collection Practices Act (FDCPA)
FDCPA is a federal law that outlines the ways in which agencies may and may not approach you to collect their debts. If they have violated the law in their approach, the law suit may in some instances be thrown out.
In New Mexico, there are strict guidelines that govern how a summons can be delivered and what must be included. If the summons was given improperly, you may be able to argue that you were never properly sued in the first place.
In most instances, you cannot be sued for fraudulent transactions. If your debt is the result of fraud, call the credit card company immediately or hire an attorney to do this for you and/or prove the false nature of the charges.
Occasionally, you may be hounded by a creditor for a debt that isn’t yours! Mistaken identity happens, especially if you have the same name as the true debtor or are closely related.
Vanessa DeNiro – Albuquerque’s Debt Defense Attorney
Whatever your situation, you can be assured that at the Law Firm of Vanessa DeNiro, we are ready to fight aggressively for your rights and freedom from debt. Give us a call today for a free consultation at (505) 977-8975