Share

Collection Lawsuits

Who are the most frequent filers of collection lawsuits in this area of the Florida Panhandle?

If someone other than the company from whom I borrowed money sues me, do they have to notify me that the debt had previously been assigned to them before suing?

What happens if I do nothing about a collection lawsuit?

Can you go to jail because as a result of owing a consumer debt?

Is it worth hiring an attorney to defend me?

Why is it NOT a good idea to attempt to contact someone after they have hired a lawyer file a lawsuit?

Where can I find the Federal and Florida Fair Debt Collection Practices Acts?

Does your firm deal with creditor harassment claims against creditors?





Q: Who are the most frequent filers of collection lawsuits in this area of the Florida Panhandle?

Top 10 Plaintiff's in County Court's Collection Lawsuits in  this part of the Panhandle of Florida.


1. North Okaloosa Medical Center. Especially, for folks in the Crestview, Florida 32536 and 32539 Zip Codes.

2. Eglin Federal Credit Union. They are have a big presence in Walton, Okaloosa, and Santa Rosa Counties.

3. Discover Credit Card.  They are very aggressive in using the court system as a collection tool.

You probably might have expected these two to lead the pack.  However, the next 5 in the list may surprise you.

4. Portfolio Recovery, LLC.

5. CACH, LLC

6. Calvary SPV I

7. Asset Acceptance Corp.

8.  NCO

These last 5, unlike the first 3, buy past due accounts from a creditor, and then attempt to collect on them.  They are known as "Debt Buyers".  It is especially important to defend cases brought by this type of creditor. That reason is that they usually have very limited information concerning the details of prior transactions between the original creditor and the defendant.  What this does is to make it more difficult for them to prove their case against you in court.  

If you are being sued by a creditor or a debt buyer or are suffering debt collection abuse or harassment at the hands of them please give me a call at 850-398-5187.


Back to the top.

Q: If someone other than the company from whom I borrowed money sues me, do they have to notify me that the debt had previously been assigned to them before suing?


Back to the top.

Q: What happens if I do nothing about a collection lawsuit?


Back to the top.

Q: Can you go to jail because as a result of owing a consumer debt?

Yes.  Before this could happen, first, they would have to obtain and record a Final Judgement against you. Second, they would send you a post-judgement demand for you to disclose personal information to assist them to enforce/collect their judgment against you.  If you fail to timely respond to this demand, the creditor then must ask the court for an Order compelling you to show good cause as to why you have not respond to the creditor's demand.  If the court determines you had no good cause, you will likely be held in contempt of the court.  An arrest warrant would be issued based on the contempt order.  

The best way to not have to worry about this is to obtain an experienced attorney to defend against them obtaining a judgment against you in the first place.  Attorney, William T. Shaffer has twenty years experience in representing individuals in this type of case.  

If you are being sued by a creditor or a debt buyer or are suffering debt collection abuse or harassment at the hands of them please give me a call now or request a free initial  consultation with Attorney, William T. Shaffer to discuss your circumstances.


Back to the top.

Q: Is it worth hiring an attorney to defend me?


Back to the top.

Q: Why is it NOT a good idea to attempt to contact someone after they have hired a lawyer file a lawsuit?

Such dialogue with them is considered an attempt to collect a debt.  Any information obtained by them may be used for that purpose.  Any admissions or acknowledgements you make to them are made a part of their business records.  These records may then be used to prove their case against you that they otherwise may not have been able to do. It also puts you in a position of weakness in any efforts to negotiate the debt.


Back to the top.

Q: Where can I find the Federal and Florida Fair Debt Collection Practices Acts?

The Federal Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act regulates how debt collectors must behave when attempting to collect debts.  If the debt collector’s actions are violating the law, not only can you stop the harassment; you will also recover damages from the violators.  Better yet, Congress forces the violators to pay your attorney fees.

The Florida Fair Debt Collection Practices Act
In 1993, the Florida Legislature enacted the Florida Consumer Collection Practices Act ("FCCPA") which law targets unfair debt collection tactics, including those inflicted upon residential mortgage customers. The statute proscribes a broad range of deceptive, harassing, and abusive practices. It also provides a right to bring litigation against wrongdoers and to recover actual damages, costs, and attorney fees. If you feel that you have been a victim of these deceptive collection tactics, you may have a case.

Some of the most common violations of the Federal Fair Debt Collection Practices Act and Florida's Fair Debt Collection Practices Act are :

  • Harassment - frequent phone calls to alleged debtors, their family and friends, repeated calls with no messages, hang-ups, lies, misleading comments, speaking in a belittling manner, embarrassing, argumentative and rude conduct are examples of harassing conduct.
  • Collecting money not owed - if an alleged debtor doesn’t owe the money it is a violation of the law for a collector to try and force the alleged debtor to pay the money.
  • Threats - creating a “false sense of urgency” or suggesting arrest, criminal prosecution, jail.
  • Calls at work - calls to the workplace, especially after a collector is told not to call, such as speaking to or leaving messages with a receptionist, calling the cell phone while alleged debtor is at work or calling alleged debtors direct line, is a violation.
  • Contacting 3rd parties - collectors may not contact any party about a debt without the express permission of the alleged debtor, including the spouse or any other family member, neighbors, friends, or co-workers.
  • Written Notice - collectors must send a written notice stating the amount of the debt, the creditor to whom the debt is owed, and a statement that the debtor has 30 days to in writing dispute the debt. Upon receiving written notice that a consumer disputes a debt, the collector within 30days must obtain written verification and validation of the amount of the debt, the creditor to whom the debt is owed and must mail said verification to the consumer.
  • Proof of debts - debt collectors are required by federal law to send “verification and validation” of a debt when the alleged debtor in writing disputes the debt within 30 days of a debt collector’s first contact.
  • Refusing to cease contact - all communications, including telephone calls and letters, must immediately stop once a debt collector receives a “cease and desist” letter. There is no specific required language, only a directive that all communications must stop. All cease and desist letters should be sent with return receipt requested.
  • Contact after attorney representation - once a collector is told a individual is represented by all conversations, messages, letters or any other communication must immediately stop.



Back to the top.

Q: Does your firm deal with creditor harassment claims against creditors?


Back to the top.


We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Additionally, we are lawyers who help people facing mortgage foreclosure, collection practices violations, and collection lawsuits.

Attorney, William T. Shaffer has offices located in Crestview, Florida (Okaloosa County). He assists clients in Baker, Laurel Hill, Defuniak Springs, Freeport, Santa Rosa Beach, Holt, Pace, Milton, Navarre, Gulf Breeze, Jay, Pensacola, Shalimar, Eglin A.F.B, Hurlbert Field, Niceville, Fort Walton Beach, Okaloosa Island, Miramar Beach, Ponce De Leon, Mossy Head, and the surrounding Florida Panhandle area.



© 2017 William T. Shaffer, Attorney at Law | Disclaimer
146 Woodruff Ave. W., Crestview, FL 32536
| Phone: 850-398-5187

Overview | BANKRUPTCY LAW ATTORNEY | Home Foreclosures | Collection Lawsuits & Unfair Collection Practices | Other Civil Litigation

Law Firm Website Design by
Amicus Creative