CONSUMER DEBT RELIEF ATTORNEY
Are you receiving incessant phone calls, threatening letters or getting harassed by unscrupulous debt collectors? Are you being been sued by a creditor? We may be able to help you!
We Can Reduce Your Debt By 40% Or More. We Can Reduce Or Eliminate Interest. We Can Stop The Harassment. See Our Actual Results Below!
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Hire a consumer debt relief attorney to represent you.
Debt settlement companies, credit counseling and debt consolidation businesses cannot represent you in court when you are sued by creditors, they can't give you legal advice, and they can't represent you in court when you have the opportunity to sue creditors and collectors for violating your rights -- ONLY lawyers can do so. Wites & Kapetan is experienced in representing and helping people just like you solve consumer debt problems. Call us for a free consultation to see what we can do for you.
At Wites & Kapetan, we have attorneys that specialize in consumer debt relief that can review the facts of your case and make the best recommendations for your financial circumstances. They will negotiate with your creditors to reduce the amount you must pay to settle your debt, and set up an affordable payment plan. And, when your rights have been violated, we will assert claims on your behalf against creditors and debt collectors that have unlawfully harassed you.
Why Hire A Lawyer For Debt Relief?
Wites & Kapetan, P.A. is a law firm. We are not a debt settlement company. Only an attorney can provide legal advice about whether or not you should try to negotiate a settlement, either before or during litigation, and how it should be done. Only a lawyer can give you legal advice and represent you in court. These are two of the most crucial reasons to hire an attorney to provide legal advice and representation while resolving your financial issues. Here are some considerations as you decide how to best deal with your consumer debt.
Why Should I Avoid Debt Settlement Companies?
Non-attorney companies that offers debt settlement services have a poor reputation in the U.S., particularly with the very creditors with whom you need to negotiate and who may sue you. And the industry is, unfortunately, plagued by scams.
A debt settlement company may commit to contacting your creditors on your behalf, but fail to do so. They may even succeed in having the debt frozen, but actually fail to negotiate the debt to an amount you can afford and then just withdraw money to pay themselves.
Assuming the debt negotiation company does as promised, they will still face many obstacles that affect you. To begin with, a creditor, most of whom are represented by a large team of attorneys, may up their game when they discover you are working with a debt settlement company instead of a law firm. This means the creditor could accelerate their collections process and file a lawsuit against you more quickly.
If your case is taken to court, the debt settlement company will drop you as they are not lawyers and cannot offer you legal advice or represent you in court.
While this is surely not true of all debt negotiation companies, there is one thing that is true without a doubt: non-attorney debt settlement companies are not law firms and cannot provide legal advice or represent you in court.
Why Work with an Attorney?
Hiring a non-lawyer debt settlement company will not and cannot provide the protection and service you need, and that only an attorney can provide. Only an attorney can represent you in court if you're facing a lawsuit and need to defend yourself and only a lawyer can provide legal advice and counsel you on your legal rights and any risks you face, including those under state and federal laws, both during and before litigation. Only an attorney can counsel you on how to protect your assets if a judgement is obtained.
When you hire a lawyer, you are also guaranteed absolute confidentiality and all communications with your law firm and staff are protected through the attorney-client privilege. This legal obligation binds all attorneys in the United States and requires them to keep all communications and information you provide confidential, unless you explicitly authorize otherwise. Only attorneys are governed by, and offer the protections of, the attorney-client privilege.
The law firm of Wites & Kapetan may be able to help you. We are experts at having consumers resolve consumer debt prior to or during litigation. We start by analyzing your situation and advising you about whether hiring an attorney is truly in your best interest, and whether we can help. We will attempt to keep you out of court and negotiate and properly document any pre-litigation settlements obtained. If you are sued, we will represent you in court and zealously defend you. If you lose your lawsuit, we will also represent you during post-judgement proceedings and continue to try to protect your assets.
The attorneys at Wites & Kapetan, P.A. will also provide legal advice to help you decide if negotiating a settlement on your debt is in your best interest and review your other options, including bankruptcy. While many view bankruptcy as a last resort, and hope to avoid it at all costs, it could be your best option if you're dealing with substantial debt that can't be resolved through a settlement. Wites & Kapetan offers bankruptcy counseling and filing in Florida and other states where we have lawyers associated with our firm who practice bankruptcy law.
We have successfully defended and helped numerous clients facing credit card disputes and consumer debt, both prior to litigation and during, including consumers facing lawsuits brought by collection agencies and credit card companies. Contact Wites & Kapetan today to find out if we can help you.
FREQUENTLY ASKED QUESTIONS
Why would my creditors agree to reduce my debt?
Your creditors will reduce your debt because they know they are in danger of losing a lot more if they aren’t flexible. This can result in substantial reductions to your principal balance and the waiver of accumulated interest fees and late payments.
Does Hiring A Lawyer Really Help With Debt Relief?
Yes. Creditors are known to be bullies and will harass you to no end. Have you ever called up a collection agency to try and ask for help? The only thing they want to talk about with you is getting any payment they can. There are rules in place for them, but they know most people don’t know their rights and they will bend these rules.
Something different happens when Wites & Kapetan represents you. Creditors know that we know the law and they are given specific training on what they can and cannot say to a lawyer. Your case will be instantly elevated and that is when our negotiating begins. When it comes time to negotiate with your creditors, having a lawyer shows you are serious, and our reputation to willingly go to court helps us to provide the best possible debt reduction for our clients.
Should I File Bankruptcy instead?
This is a decision that only you can make. Many of our clients hire us because they wish to avoid filing bankruptcy, whether for personal, business or other reasons. The attorneys at Wites & Kapetan are qualified to review your financial circumstances with you and help you evaluate the pros and cons of all available options. Only then will you be able to make a fully-informed decision on this issue.
Should I use a Non-Lawyer Debt Settlement or Debt Consolidation Company?
No. This is certainly one option that is open to you, but it is not one that we here at Wites & Kapetan advocate for one very important reason. If you are in serious debt, it is highly likely that one or more of your creditors will sue you. As soon as that happens, the Debt Consolidation Company will be forced to abandon your case as they are not attorneys and they are not qualified to represent you in a court room. On the other hand, if you hire Wites & Kapetan to represent you to your creditors from the very beginning, you will be in a much more secure position if litigation takes place in the future.
If I am sued, will you represent me in court?
Yes. Representing clients in court, and giving legal advice, is what law firms do. Debt settlement companies and other non-lawyers cannot. We have represented consumers against credit card companies and taken hundreds of debt relief cases to trial and continue to do so on a daily basis. Many of our clients come to us after they have been sued and some of our clients are sued after we have started representing them. We represent all of these clients with the highest level of legal defenses, attempting in the process to either win the case or negotiate a settlement in the litigation. There is no additional cost for representing you in court, but the client must pay for the cost of litigation, such as filing fees.
Will you file a lawsuit for me against the creditors and bill collectors that are harassing me?
Yes. Creditors and debt collectors often engage in aggressive, high-pressure collection tactics to pressure you to pay them. If you have been the victim of such collection efforts, you may be able to sue the collector, and recovery monetary damages under federal and state law, such as the Fair Debt Collection Practices Act (“FDCPA”) and Telephone Consumer Protection Act (“TCPA”).
The FDCPA is intended to eliminate abusive, deceptive, and unfair debt collection practices. A Court who finds a debt collector to be in violation may award you up to $1,000.00 in statutory damages, plus any actual damages and recovery of your attorney’s fees and costs. A few examples of FDCPA violations include: (1) asking you to pay more than you owe, (2) using obscene, profane, or abusive language, (3) calling before 8:00 am or after 9:00 pm, (4) using or threatening to use violence if you don't pay the debt, (5) threatening action they cannot or will not take (such as threatening to sue or file charges against you, garnish wages, take property, cause job loss, or ruin your credit), (6) informing a third party about your alleged debt, (7) sending you letters that don’t comply with technical requirements of the FDCPA, and (8) calling you at work, despite your or your employer’s request to stop, or at home after your request to stop.
The TCPA regulates how debt collectors and telemarketers may contact you on the phone. The following acts are violations of the TCPA: (1) making computer dialed calls to cell phones or leave pre-recorded messages on cell phones – known as robocalls - unless you provided prior express consent (this includes text messages), (2) making collection calls on your cell phone for someone else’s debt, and (3) calling you if you have registered with the Do Not Call (“DNC”) Registry. Each violation of the TCPA may result in a damages award ranging from $500 to $1,500, per violation.
If you are the victim of harassing phone calls and/or texts like those described above, or receive a debt collection letter of any kind, please contact our office immediately. We may be able to recover monetary damages for you, and/or use such violations as leverage to help resolve your alleged debt.
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