Receive A Credit Card Summons? The Role Of The FDCPA May Surprise You
Receiving a Credit Card Summons is becoming commonplace, with so much misinformation surrounding Credit Card Lawsuits we think it is necessary to address the myths concerning the Fair Debt Collection Practices Act (FDCPA) and its role in Lawsuits over Credit Card Debt.
So lets get started, the Fair Debt Collection Practices Act or FDCPA is meant to protect consumers from abusive debt collectors, and debt collections practices.
Thats it nothing more... The FDCPA is NOT a defense of liability in Credit Card Lawsuits, and will not prevent the Collector from getting a Judgment against you.
This is a mistake many Pro Se's make in Credit Card Lawsuits, and continue to make by seeking information from chat rooms, message boards, and cheap E-tips.
DO NOT USE THE FDCPA as an argument to win Credit Card Lawsuits, and you will increase your chance of success.
Our eBook is the most comprehensive guide ever created letting you become one of the few informed consumers responding to a credit card debt lawsuit. Providing a solution for Consumers with INSTANT access, 24 hours a day, 7 Days a week.
"Credit Card Summons... What Is The Purpose Of The FDCPA?"
Since Credit Card Lawsuits involve "Debt Collectors"...There are wild claims about how the FDCPA can protect you...Most of these simply are not true.
The FDCPA defines debt collectors as "any person who uses an instrumentality of interstate commerce or mails in any business the principal purpose of which is the collection of any debts, or who regularly collect or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."
What does this mean? Anyone who is trying to collect a debt, excluding the Original Creditor, must abide by the FDCPA.
This includes Debt Collection Attorneys, even if they have filed suit against you, they must follow the FDCPA. This does not mean they must follow these rules to receive a judgment against you.
It simply means, if they violate the FDCPA in the act of trying to collect a debt, you can sue them for violating your rights or report them to the FTC.
The Myth Of Debt Validation In Credit Card Lawsuits
There is also a lot of misconception about "Debt Validation" and exactly what it entails so here we go.
FDCPA Sec. 809. Validation of debts [15 USC 1692g](b)--"If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any 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. The Debtor has 30 days to dispute the debt and during this time the Collector cannot collect the until he "validates" the debt."
If you search the internet for information about "Debt Validation" you most likely will find wild accusations about what this entails.
All the Collector is legally required to do is send you a copy of the Original Creditors name and address, that's it, nothing more.
The Courts have continuously ruled this way, and anyone promoting anything different is wrong, and they would cease to be a reliable source of information.
Debt Validation is a good start for debtors, it lets the Collector know that this is not going to be easy and you are willing to educate yourself about your rights.
Debt Validation has its place, just not as a defense for Credit Card Lawsuits. This is not the silver bullet many people have made it out to be. If you are using this as a defense YOU WILL LOSE!
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Why You Should Avoid The FDCPA In A Credit Card Debt Lawsuit
Besides the fact you will most likely land in a Hearing For Summary Judgment. This is an example of how FDCPA arguments work in a Courtroom.
The Plaintiff (most likely just a collection attorney) will not say much. He will start by saying: "Your honor, the Defendant is in default on the debt, that same is due, past due, owing and remains unpaid.
There is no material fact of controversy here. Even if we did violate the FDCPA, it is not a defense as to liability, (meaning the fact remains you owe the debt) we are requesting a Summary Judgment.
The Judge now looks over to you, and what do you say? Your opponent so much as admitted, they may have violated the FDCPA, so what?
Remember this a Lawsuit Over Credit Card Debt, not whether or not they have violated your rights in the process. That would be a completely different lawsuit.
So now you present your argument about the FDCPA and how your rights have been violated? We can all agree they have, but you just lost your Credit Card Lawsuit!
The Judge now rules in their favor, and now your only recourse is to sue them over the FDCPA. There are easier ways to do this.
Remember, the only purpose of going through the time and effort to defend yourself, is to WIN!
Received A Credit Card Summons... What Are You Waiting For?
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