Debt Collection and Credit Reporting Lawyer Phoenix
My name is Floyd W. Bybee. I am an Arizona attorney with a practice focused on helping Arizona consumers who are 1) struggling with consumer debt and it’s related issues, 2) victims of collection harassment, 3) credit report or employment background check errors, or 4) victims of automotive fraud. My goal is the assess your situation and develop a plan to resolve it.
NEGOTIATING DEBT SETTLEMENTS
Many consumers who are sued for a defaulted credit card debt or the balance owed on a repossessed vehicle don’t know what to do. Should they fight the lawsuit, or negotiate a settlement for a lower amount? If you find yourself in this situation, I can assist you in determining whether you should fight the lawsuit, or negotiate a settlement.
FAIR dEBT COLLECTION PRACTICES ACT
The federal Fair Debt Collection Practices Act or “FDCPA” regulates what a collection agency can or cannot do when attempting to collect a consumer debt. The FDCPA specifically prohibits harassment or other abuse. Even if a debt is owed and not disputed, the FDCPA prohibits a collection agency from engaging in any harassing or abusive conduct. It also prohibits a debt collector from making false representations to coerce payment of a debt.
FAIR CREDIT REPORTING ACT
The federal Fair Credit Reporting Act or “FCRA” regulates credit reporting agencies or credit bureaus. It requires credit bureaus and those who furnish information to the bureaus to adhere to practices which assure that the information on your report is accurate. This includes credit reports issued when applying for credit or an apartment rental, as well as background reports issued when you apply for a job.
The failure to correct inaccurate information on your credit or background report may provide you with a claim against the credit bureau or the offending creditor to recover the damages they have caused.
FEDERAL ODOMETER LAW
Congress enacted the Federal Odometer Act in order to stop the rampant rolling back of automobile odometers. Although newer cars and trucks use electronic or digital odometers, which many people assume cannot be altered, the frequency of altering electronic odometers is rampant–more than ever before.
The federal Odometer Act provides victims of odometer fraud the right to recover $10,000, or three times their actual damages, whichever is greater, plus court costs and attorney's fees.
How I Can Help You.
If you are a victim of collection harassment, harassing phone calls, credit reporting inaccuracies, odometer fraud or other automobile sales fraud, you are invited to call schedule a free phone consultation, or use the contact page and tell me about your situation.
My office is located at 90 S. Kyrene Rd, Suite 5, Chandler, AZ 85226
Call attorney Floyd W. Bybee at 480-756-8822
hAVE YOU BEEN SUED BY AUTOVEST?
Autovest LLC has filed hundreds of lawsuits against Arizona debtors to collect deficiency balances on vehicles which were repossessed years ago. In many of the cases I have seen, the statute of limitations has passed. Meaning, you would have a complete defense to Autovest’s claim. Under Arizona law, an automobile lender generally has only four years after the repossession to file suit to collect any remaining balance. If it waits four years and 1 day, it is too late and you can get the case dismissed
Autovest LLC >
fAIR DEBT COLLECTION PRACTICES ACT
The Fair Debt Collection Practices Act or "FDCPA" is a federal statute that governs the debt collection industry. That means that it protects you as an Arizona consumer. The act was passed in an effort to create a civil environment in the collection of debt, as an attempt to reduce bankruptcy filings and to prevent unfair or abusive collection methods.
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DEALING WITH A DEBT COLLECTOR
1. Send a letter that says "I dispute the debt" and that you require validation of it.
2. Send the letter certified. You want to be able to prove that they received it.
3. Keep copies of all written communication both to and from...
