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California Debt Blog: The internet is hurting your debt collection defense

January 17, 2014 by Jonathan Stein

Yes, it is true. The internet is hurting you. It is out there making your life more difficult and making my life more difficult. It is causing you to believe things that are not true.

Let me start with this: I like the internet. It has a lot of good information. You can find an attorney. You can buy things. You can learn how to do something new. You can watch some funny videos. It helps me stay up to date on soccer around the world. But…………

Lets be honest, when it comes to debt collection lawsuits, there is a LOT of bad information out there. In the last week alone, I had people call me and tell me that they wanted to file a motion to dismiss for lack of proof, that they had no contract with the debt collector and therefore, the debt collector could not sue them, and that the banking system is a fraud. All of these are interesting discussions, but none of them are actually appropriate for a debt collection case in California.

You may have a lot of valid defenses. You may not. Each case is fact specific. You need to talk to a real, live lawyer about your case. You need to figure out what defenses apply to YOUR situation. This applies whether you have been sued by Midland Funding, Persolve, CACH, or any other debt collector.

When you receive that first letter, talk to an attorney. When you receive a summons, tak to an attorney. At no time should you rely solely on what you read online, especially from websites that appear to be run by non lawyers.

Categories: Credit, Current Affairs, FDCPA, Hiring an attorney, Legal Process, News, Rosenthal FDCPA Tags: CACH, debt collection, debt collection lawsuit, debt collector, Fair Debt Collection Practices Act, FDCPA, lawyers, Midland Funding, motion to dismiss, Persolve, R-FDCPA, RFDCPA, Rosenthal Act, Rosenthal Fair Debt Collection Practices Act

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