With the economic downturn, many people have become buried by their once otherwise manageable debt – especially credit card debt. When a consumer defaults (or gets close to defaulting), collection activities escalate either by the creditor or through a third party collection agency. Although the debtor has fallen behind, it does not mean the borrower is without options. The debtor should seek the guidance of legal counsel in order to learn about their rights and options. In many cases, a knowledgeable attorney can work to get the debt restructured.
In some cases, a third party collector may be attempting to collect or sue on a debt for which they have no legal rights. This is commonly the case when collection agencies (asset purchase companies) purchase large portfolios of consumer debts from the original creditors. The proper documentation does not transfer along with the purchase of the debt. Therefore, the collection agency may not have legal ownership of the debt. The federal government has enacted newer laws to protect consumers from the egregious practices carried out by unscrupulous bill collectors. However, most consumers do not know their rights, as such; these agencies continue bullying consumers by employing deceptive practices. It is usually only after the consumer seeks legal counsel that the activities of this predators cease.