Debt Free Support

Our Practice

Our partner attorneys are here to guide you in choosing the most effective path forward.

The attorneys partnered with Debt Free Support act swiftly on your behalf to relieve the stress caused by aggressive debt collectors. When our clients face harassing calls from third-party debt collectors regarding unpaid credit card bills, medical bills, delinquent car payments, business debts, outstanding timeshares, private student loans, judgments, summonses, lawsuits, and other debts, our first step is to issue a notice of representation to these collectors, instructing them to communicate directly with our partner attorneys instead of contacting our clients.

Our network of partner attorneys spans the entire nation, specializing in protecting and defending consumer rights. These experienced professionals are licensed to practice law across the country and are dedicated to assisting clients who have faced unfair treatment. Their expertise is in stopping creditor harassment, with a focus on violations of the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and the Credit Card Act of 2009. They are also available to provide guidance when bankruptcy is the best option for a client’s circumstances.

Every attorney in this network is well-versed in navigating the intricate legal landscape and knows how to quickly end abusive practices. The FCRA, FDCPA, and TCPA establish important regulations that creditors and collectors must follow. When these laws are breached, collaborating with a consumer rights lawyer can not only put a stop to the harassment but also ensure your rights are defended, preventing similar mistreatment for others.

If you are experiencing issues with inaccurate credit reporting or are receiving inappropriate communications from creditors and collectors on your cell phone, home phone, or work phone, reach out to us. A skilled consumer rights attorney will walk you through your options for resolving the issue.

We Stop Collector Harassment

Putting an End to Collector Harassment
Facing a debt collector attempting to recover a balance can be overwhelming, especially during tough financial times. It’s a stressful experience, and when you’re dealing with persistent debt collection efforts, you may question the legitimacy of the collector, the accuracy of the debt, or the amount they claim you owe. The team at Debt Free Support is here to help put a stop to those unwanted calls.

The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to harass or threaten you while pursuing a debt. Additionally, the new Debt Collection Rule, effective as of November 30, 2021, sets clear guidelines on how debt collectors may communicate with you. It requires them to provide key information at the outset, including details about the debt, your rights in the collection process, and how you can assert those rights.

Collector Violations

The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect you from unfair or deceptive practices by debt collection companies. It applies only to personal, family, or household debts—not business-related debts or collections directly by the original creditor. Debt collectors, including collection agencies, debt buyers, and attorneys, must comply with the regulations set forth by the FDCPA. When reaching out about a debt, they are obligated to provide specific information.

When a debt collector first contacts you, or shortly thereafter, they must share certain details about the debt. This information, typically delivered in writing or electronically, is known as a validation notice. The validation notice generally includes:

  • The name and contact details of the debt collector
  • The name of the creditor to whom the debt is owed
  • The account number (if applicable)
  • An itemized breakdown of the current debt amount, reflecting interest, fees, payments, and credits from a specified date
  • The total amount owed as of the date of the validation notice
  • Information about your rights during the collection process, including instructions on how to dispute the debt

FREQUENTLY ASKED QUESTIONS

How often can a debt collector call you?

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making repeated or continuous calls with the intention of harassing, oppressing, or abusing you. According to the Debt Collection Rules, collectors are presumed to be in violation of the law if they:

  • Call you more than seven times within a seven-day period regarding a specific debt
  • Call you within seven days of having a conversation about that debt
  • Contact you outside the hours of 8 AM to 9 PM (local time)
  • Attempt to collect on a debt that has expired (in California, this is four years from the date of default)
  • Reach out to you at work after you’ve requested them not to
  • Disclose your debt information to friends, family, acquaintances, or anyone else
  • Threaten, harm, use abusive language, or harass you in any manner
  • Provide false information about your debt

These call frequency regulations apply specifically to phone calls. Different restrictions may apply to text messages, emails, and other forms of communication.

Before reporting a debt to a credit reporting agency, collectors must:

  • Speak to you by phone or in person about the debt
  • Send you a letter or an electronic communication about the debt and wait a reasonable amount of time (typically around 14 days) to ensure it is not returned as undeliverable

If a validation notice is sent, the collector generally meets their obligation to contact you and can begin reporting the debt to credit agencies, provided they adhere to other applicable credit reporting laws.

Can a collector contact you via social media?

Collectors must adhere to specific guidelines when reaching out to you on social media:
  • Keep messages private so they aren’t visible to the public, your friends, contacts, or followers
  • Identify themselves as debt collectors in any private messages or friend/contact requests
  • Provide a straightforward way for you to opt out of receiving further messages from them on that platform
  If you believe your rights are being violated, don’t hesitate to contact our Consumer Rights Lawyers for assistance.

Civil Litigation

While courtroom dramas often focus on criminal cases, civil litigation, though less sensational, holds equal importance.

Civil litigation occurs when two or more parties engage in a legal dispute seeking monetary compensation or specific actions without involving criminal charges. These cases can go to trial, where a judge determines the outcome, but they do not pertain to criminal activity. Here’s a closer look at what civil litigation involves.

Civil litigation covers a wide range of legal disputes. For example, disagreements between landlords and tenants or property disputes between neighbors are categorized as civil litigation. Other common examples include:

  • Personal injury cases
  • Intellectual property disputes
  • Medical malpractice claims
  • Employment or labor disputes
  • Education law matters
  • Divorce-related lawsuits

The unifying factor in these cases is the absence of criminal charges. Typically, they involve financial or property issues, although parties may sometimes seek specific actions rather than monetary compensation, which may require court enforcement.

Common Steps in a Civil Law Case

While each civil law case is distinct, they typically follow a series of steps. If you are considering pursuing civil litigation, the first step is to consult with an attorney to gain insight into the process. Your attorney will help assess the strength of your case and identify the best approach to building it.

Once you decide to move forward, the next phase involves investigation. Your attorney, potentially with the help of a private investigator, will explore the details of the case, gather necessary evidence, and begin constructing your case.

The process then progresses to pleadings. Both parties will file pleadings, which are initial court documents that outline their respective positions. The plaintiff’s pleading is referred to as the complaint, detailing the defendant’s alleged wrongdoings and the desired outcomes. This complaint is officially served to the defendant.

Upon receiving the complaint, the defendant can file a formal response known as an “answer,” which addresses the allegations or requests further clarification regarding the case.

Once the pleadings are submitted to the court, the discovery phase begins. Discovery involves comprehensive legal research, document reviews, witness interviews, and other actions aimed at uncovering as many facts as possible about the case. Attorneys may engage expert witnesses to bolster their arguments and potentially testify in court. During discovery, investigators or attorneys may inspect relevant locations or request specific documents and statements from the involved parties. This phase can be time-consuming and requires considerable effort from the attorneys.

After discovery, the case advances to the pre-trial stage. During this phase, attorneys for both sides engage in negotiations and may reach a settlement, thereby avoiding the expenses and complexities of a court trial. Additionally, either party can file motions requesting the court to rule on or dismiss certain aspects of the case before it goes to trial.

If a settlement is not achieved during the pre-trial phase, the case will proceed to trial.

Depending on the circumstances, a jury may or may not be involved. Prior to the trial, both the plaintiff and defendant submit briefs to the judge, outlining their arguments and evidence. At trial, each party has the opportunity to make opening statements, present their arguments, question witnesses, and deliver closing arguments.

Business Litigation

Business Litigation Overview

Business litigation law is complex and often necessitates extensive document reviews, expert consultations, evidence investigations, witness interviews, drafting and responding to numerous motions, and participation in court proceedings. These cases can extend over several years, particularly when they involve intricate issues or substantial sums of money. If you’re facing a business dispute, having a skilled commercial litigator is essential to safeguarding your interests, allowing you to focus on managing your business.

What is Business Litigation?

Business litigation encompasses a broad spectrum of legal issues, including breach of contract, employment disputes, real estate conflicts, class actions, intellectual property disputes, shareholder oppression, zoning and land use disagreements, fraud, automotive industry issues, insurance coverage disputes, breach of fiduciary duty, commercial collections, product liability, and partnership conflicts. Below are summaries of some common types of business litigation.

Common Types of Business Litigation

Business litigation law is complex and often necessitates extensive document reviews, expert consultations, evidence investigations, witness interviews, drafting and responding to numerous motions, and participation in court proceedings. These cases can extend over several years, particularly when they involve intricate issues or substantial sums of money. If you’re facing a business dispute, having a skilled commercial litigator is essential to safeguarding your interests, allowing you to focus on managing your business.

What is Business Litigation?

Business litigation encompasses a broad spectrum of legal issues, including breach of contract, employment disputes, real estate conflicts, class actions, intellectual property disputes, shareholder oppression, zoning and land use disagreements, fraud, automotive industry issues, insurance coverage disputes, breach of fiduciary duty, commercial collections, product liability, and partnership conflicts. Below are summaries of some common types of business litigation.

Common Types of Business Litigation

  • Breach of Contract: Breach of contract cases rank among the most common in business litigation. Contracts can govern nearly every aspect of your business, from transactions for goods and services to employment agreements and company structure. When a contract is breached, it can lead to serious consequences. A business litigation attorney can assist in enforcing contracts or defending you if you face accusations of breaching one.
  • Employment Disputes: Employment-related disputes are another frequent area of business litigation. Common issues include:
    • Wage and hour disputes
    • Harassment or discrimination claims
    • Retaliation claims
    • Wrongful termination
    • Breach of non-compete or non-disclosure agreements
    • Breach of employment contracts
    • Family and Medical Leave Act (FMLA) violations
    • Employee Retirement Income Security Act (ERISA) violations

Employment claims often involve both federal and state laws and may need to be pursued through administrative agencies, requiring different procedures than those in state or federal courts.

  • Class Actions: Class action lawsuits can arise in various circumstances, often with businesses as defendants. Common examples include:
    • Product liability
    • Data breaches
    • Pollution
    • Harassing collection practices
    • Employment practices

For a class action to proceed, a judge must certify the class, ensuring that many individuals are affected by the alleged action, the issues in the case impact all class members, and the representative parties can adequately protect the class’s interests. A commercial litigation attorney can help you contest class certification if a class action is filed against your business.

  • Shareholder Disputes: In closely held corporations, shareholder disputes may arise if minority shareholders feel their interests are not being adequately represented. Common issues include:
    • Breach of shareholder agreements
    • Breach of fiduciary duty
    • Self-dealing or conflicts of interest
    • Disagreements over corporate actions
    • Payment of dividends
    • Excessive compensation
    • Denial of access to corporate records
    • Illegal actions, such as embezzlement or fraud

Depending on the circumstances, remedies may include injunctions, damages, or even a court order to dissolve the corporation.

  • Partnership Disputes: Business partnerships can deteriorate over time due to disagreements about operations or if a partner misappropriates funds or engages in wrongful or illegal activities. Resolving these disputes may involve negotiating differences, buying out a partner, or pursuing court action.
  • Bankruptcy: Understanding federal bankruptcy law is crucial for debtors, creditors, court personnel, and the general public. The United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure provide guidelines for various bankruptcy processes, including:
    • Chapter 7: Liquidation
    • Chapter 9: Municipality Bankruptcy
    • Chapter 11: Reorganization
    • Chapter 12: Family Farmer or Family Fisherman Bankruptcy
    • Chapter 13: Individual Adjustment
    • Chapter 15: Ancillary and Other Cross-Border Cases
    • Securities Investor Protection Act (SIPA) cases

Resources on bankruptcy laws and procedures are available online, in local law libraries, and through court websites.