Collections Defense

I needed help with my bankruptcy but I wasn't sure who to talk to. I found Lee Schwilm on this site and called. He was really nice. The secretary always took time to answer my questions, and Mr. Schwilm was available when I needed him. He walked me through the court process and everything turned out great! Thanks Lee.

Charlotte Collection Defense Attorney

A Commitment to Financial Freedom

Creditors, debt buyers, and collection agencies have a reputation for employing aggressive or illegal tactics in their attempts to get payment. Collection agencies buy debt for pennies on the dollar, and then hunt down the debtor to get payment, often overstepping the bounds of the law. If you have been the victim of creditor harassment, speak with a skilled collections defense lawyer in Charlotte who can advise you about how to bring the abuse to an end. At Schwilm Law Firm, PLLC, we fight for regular people who have gotten into a tough financial position, and help them to regain their financial freedom. Our legal actions could include filing a claim against an abusive collection agency. We promise to serve you with individual attention and we are ready to help you make the right choices if you are suffering the consequences of overdue payments, repossession, foreclosure or wage garnishment.

Collections Defense Strategies: Fighting Back

Collection agencies may be engaged in an attempt to collect a debt that is not valid, past the statute of limitations, or take actions that are illegal under both state and federal law. Our team can evaluate your case to advise you on your options. Here are three of the most common collections defense strategies:

1. Insufficient or invalid documentation

Sometimes consumers are surprised to learn that they are being sued over a debt that they never incurred. In these cases, the lack of evidence to support the collection action is an effective defense.

2. Statute of limitations

The law only allows creditors to seek to collect on a debt for a limited number of years. If a collection agency attempting to get money out of you beyond those limits, our attorney can help you end the situation. It is important that you don't make a payment until you speak with our firm, as this can create more problems for you if you do.

3. FDCPA violations

In attempting to collect on a debt, a creditor cannot violate the rights of a consumer under the Fair Debt Collection Practices Act (FDCPA). Violations can include threats to take legal action with no actual intention of doing so, contacting you repeatedly over the phone, using profanity or lying. If a collection agency violates any of your legal rights under the FDCPA, it may be possible to seek compensation - the collection agency could be forced to pay you damages, as well as your legal fees.

Let an experienced bankruptcy lawyer in Charlotte help you fight back.

With more than 15 years of experience in bankruptcy law and other debt relief and consolidation strategies, our firm has helped countless individuals and businesses move on to a more secure financial future. Our compassionate legal team is prepared to answer your questions and advise you about what solution would be most effective for your individual situation. Contact our office today.