Debt Settlement Resources
Truth In-Lending Act (TILA)
The Truth In-Lending Act (TILA) is a law that requires banks, credit card companies, and lending organizations to provide consumers with all necessary information on the price and terms of credit.
Electronic Funds Transfer Act (EFTA)
The Electronic Funds Transfer Act (EFTA) was passed in 1978 and is part of the Consumer Credit Protection Act. It clearly states that consumers have rights for when they electronically transfer funds to and from their bank accounts. It also protects consumers from other entities electronically removing funds from a consumer’s bank account without his or her permission.
New Mexico Collection Agency Regulatory Act
The New Mexico Collection Agency Regulatory Act (NMCARA), NMSA 1978 §61-18A-1 govern the collection of New Mexico consumer accounts. A debtor under this chapter is defined as “any natural person obligated or allegedly obligated to pay any debt.” Debt is defined as “any obligation or alleged obligation of a debtor to pay money arising out of a transaction in which the money, property, insurance or services that are the subject of the transaction are primarily for personal, family or household purpose.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA), enacted in 1970, is intended to foster the privacy, accuracy, and fairness of consumer information when held in consumer reporting agencies. In order to prevent inaccurate credit reports, the FCRA handles all consumer information. It is part of the Fair Debt Collection Practices Act.
Credit Repair Organizations Act
The Credit Repair Organizations Act (CROA) is part of the Consumer Credit Protection Act. Signed into law in 1996, it was created to make sure that credit repair organizations provide consumers with all relevant information to help them make a clear and informed choice. It prevents consumers against misleading advertising. Furthermore, the CROA clarifies that credit repair organizations can only receive payment after completing services. These measures are all in place to protect consumers.
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of that Act. The statute’s purposes is to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy.
Debt Settlement Avoiding the Courtroom
Being sued by a creditor or collection agency is not a fun process for anyone. A negotiated settlement may be the best option if the allegations are undisputed, and you agree you owe the debt. However, if you have not been sued by your creditor, but are receiving collection calls and feel a lawsuit may be on the horizon, it is important to seek debt settlement representation. No matter how small or complex your situation may be, The Robinson Law Firm PLLC can help you settle your debts outside of the courtroom.
CALL 602-284-4318 to start the process.
Lawsuit Unavoidable Court Action Required
If you are facing a debt lawsuit and you receive a summons and complaint from a creditor. You will be required to respond to the complaint by either admitting to the allegations, or disputing the complaint. You may dispute the complaint that the allegations are untrue, the statute of limitations period has run, meaning that the creditor has waited too long to sue you. You may argue that the complaint was not validly served upon you or the creditor failed to provide required documentation.
All credit card lawsuits are evaluated on a case by case basis. The Robinson Law Firm, PLLC is prepared to represent you in court to fight the allegations against you.
Please contact us for more information about our debt settlement and negotiation services. We can negotiate the best settlement of your debt.
Debt Negotiation & Settlement FAQs
What is debt settlement?
Debt settlement is a process by which your creditor is contacted and your debts are negotiated for repayment at an amount less then you owe.
What types of debts do you negotiate?
Credit card debt, medical debts and personal judgments. Student loans, auto loans and mortgages can be settled but the process is more complex and extensive.
Who is eligible for debt settlement?
If you have outstanding credit card bills, medical bills, payday loans and personal credit union loans are office will assist with representation.
How much debt must I owe to receive assistance?
There is no set amount. However, if your debt is less than $500, we recommend you consider contacting the creditor, but if you prefer our assistance we negotiate the debt.
How is debt negotiated?
We negotiate with creditors to reduce the amount owed on the debt and the agreement is put in writing “Stipulated Agreement”, which will explain the terms of the agreement by which payment arrangements will be made and executed over a period of time. We settle debts with our clients payment benchmark in mind as our goal is to create a positive outcome for all parties involved.
What are your debt settlement service fees?
All initial consultations are FREE. We charge a fee of $99.00 per month. Your first month fee includes a debt consultation, a review of all creditor correspondence related to the debts you want settled and an outline of our settlement strategy and goals. If your debt requires that the we file an Entry of Appearance and Answer to a Complaint you received from the creditor you will be assessed a flat fee of $150.00 plus the first month introductory fee of $99.00. Thereafter, you will be assessed a fee of $75.00 per month until the debt has been resolved and an agreement is in writing.
How long does the debt settlement process take?
This can be tricky as it depends on the amount of debt outstanding, age of the balance, the funds you have available to go towards the settlement and how much time you need to save additional funds for the settlement. The most critical factor in the process is the creditors willingness to negotiate a settlement amount. Our office normally will settle a debt within 2 to 6 months depending on the complexity of the case. Our objective has always been to have the debt settled as soon as possible.
Will your office be able to stop any legal action filed against me?
It is possible but it depends on how long the creditor or collector has been attempting to collect on the debt. If you are worried about your credit report, keep in mind that collection items may only be reported for up to 7 1/2 years from the date you fell behind with the original lender.
Can I negotiate my own debt settlement?
Yes. Anyone who owes a debt can start the settlement process by contacting their creditors. Many people choose to hire a debt settlement company or an attorney because of the experience factor. Others simply do not want to negotiate with creditors.
Are there any tax implications if I have my debt settled?
A debt settlement could become a taxable event under the Discharge of Indebtedness rule from the IRS. The IRS may view your debt settlement as a form of income. We strongly recommend you consult a qualified tax professional to determine if debt settlement will impact your financial situation.
Do you guaranteed success on my case?
No. Not even the very best debt attorneys or debt settlement companies or can guarantee success. We define success by whether our client is happy with the resolution of their case.
Debt Settlement Avoiding the Courtroom
Being sued by a creditor or collection agency is not a fun process for anyone. A negotiated settlement may be the best option if the allegations are undisputed, and you agree you owe the debt. However, if you have not been sued by your creditor, but are receiving collection calls and feel a lawsuit may be on the horizon, it is important to seek debt settlement representation. No matter how small or complex your situation may be, The Robinson Law Firm PLLC can help you settle your debts outside of the courtroom.
CALL 602-284-4318 to start the process.
If you are facing a debt lawsuit and you receive a summons and complaint from a creditor. You will be required to respond to the complaint by either admitting to the allegations, or disputing the complaint. You may dispute the complaint that the allegations are untrue, the statute of limitations period has run, meaning that the creditor has waited too long to sue you. You may argue that the complaint was not validly served upon you or the creditor failed to provide required documentation.
All credit card lawsuits are evaluated on a case by case basis. The Robinson Law Firm, PLLC is prepared to represent you in court to fight the allegations against you.
Phoenix, AZ Office
The Robinson Law Firm PLLC
10220 North 31st Avenue
Suite 127
Phoenix, AZ 85051
Phone: (602) 284-4318
E-mail: devaughnlaw@gmail.com
Serving languages: English, French, Haitian-Creole & Spanish
Phoenix, AZ Satellite Office
The Robinson Law Firm PLLC
10240 North 31st Avenue
Suite 112
Phoenix, AZ 85051
Phone: (602) 944-1827
E-mail: devaughnlaw@gmail.com
Serving languages: English, French, Haitian-Creole & Spanish