Debt Collection and Credit Reporting Lawyer Phoenix
I am attorney Floyd W. Bybee. For over 34 years I have limited my practice to helping Arizona consumers who are victims of debt collection abuse, phone harassment, inaccurate credit reporting, odometer fraud, and other automobile fraud. I also assist individuals in Arizona who have been sued on a consumer debt.
I sue debt collection agencies, debt collection attorneys, credit bureaus, auto dealerships, banks, and finance companies - any business which has taken advantage of an Arizona consumer.
When I started my practice in 1989, I wanted to focus on the areas of the law which directly impact individuals in their personal lives. This focus evolved into a practice limited to the following areas of law:
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 FCRA also regulates who can legally obtain a copy of your credit report and for what purpose it may be used. A failure to correct inaccurate information on your report, or unauthorized access of your credit report may provide you with a claim against the credit bureau and / or the offending creditor.
FEDERAL ODOMETER LAW
Congress enacted the Federal Odometer Act in order to stop the rampant rolling back of automobile odometers. Even though all cars and trucks today use electronic or digital odometers, the altering of these electronic odometers on used vehicles is rampant, perhaps more than ever. The Odometer law provides victims of odometer fraud the right to recover three times their actual damages, or $10,000, whichever is greater, plus court costs and attorney's fees.
How I Can Help You.
Under the FDCPA, FCRA, and the Odometer Act consumers are entitled to recover damages, including statutory damages, actual damages, courts costs and attorney's fees.
Over the past 34 years, I have helped Arizona consumers recover damages from abusive debt collectors, credit bureaus, and car dealers who have failed to follow these federal laws.
If you are a victim of collection harassment, harassing phone calls, credit reporting inaccuracies, or odometer fraud, I invite you to call my office to schedule a free phone consultation. I am dedicated to protecting your rights, and recovering just compensation for these unlawful practices!
FIRST - Go to the contact page and tell me about your situation. I will follow up with you. You may qualify for a free telephonic or in office consultation.
SECOND - Provide me with the requested information so that I can analyze your situation and work to develop a plan to resolve it.
THIRD - Solve the Problem!
My office is located at 90 S. Kyrene Rd, Suite 5, Chandler, AZ 85226
Feel free to call attorney Floyd W. Bybee at 480-756-8822 to see if you have a claim, or to set up an appointment.
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...
