Webb filed his complaint against AWA under 15 U.S.C. For the following reasons, the Court grants AWA's motion. AWA Collections filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Webb's allegations, even it taken as true, fail to state a claim for relief under the Fair Debt Collection Practices Act. Plaintiff Issa Webb (“Webb”) filed a complaint against Defendant AWA Collections (“AWA”), a debt collection agency, alleging that AWA Collections violated his right to privacy and caused him financial injury through their debt collection practices. If you find yourself in this situation, know you can seek free legal advice and/or pro bono counsel by looking up nonprofit legal aid organizations in your state.JORGE ALONSO United States District Judge Yet "consumers with legal representation in a debt claim are more likely to win their case outright or reach a mutually agreed settlement with the plaintiff," cites Pew's report. However, they may be able to leverage the legal system in surprising ways, like suing you or freezing your assets.Ī large majority of debt lawsuits (over 90%) are against individuals who don't have legal representation. The study shows that, from 1993 to 2013, the number of debt collection lawsuits steadily doubled - from at least 1.7 million cases to 4 million cases nationwide.Īnd although laws vary state by state, collections agencies are generally not allowed to use unfair practices like adding fees and interest on top of what you owe (since they're already making a profit from it), nor can they threaten to take your property through illegal means. However, a new report from Pew Charitable Trust found that increasingly, collections companies are taking debt settlements to civil court. It can take up to seven years for your past-due history to disappear completely off your report, but as you work toward settling outstanding debts your score will consistently increase with time.Įven if your debt is already in collections, debt collectors are not allowed to lie to you, threaten you, use obscene language or harass you by phone. With the counselor's help, call the collections agency and arrange a payment plan so the delinquent marks roll off your credit report as quickly as possible. Contact the National Foundation for Credit Counseling (NFCC) and ask to work with a nonprofit credit counselor. To start digging out of debt that's already in collections, "get some help quickly," says Eweka. Investing +More All Investing Best IRA Accounts Best Roth IRA Accounts Best Investing Apps Best Free Stock Trading Platforms Best Robo-Advisors Index Funds Mutual Funds ETFs Bonds Help for Low Credit Scores +More All Help for Low Credit Scores Best Credit Cards for Bad Credit Best Personal Loans for Bad Credit Best Debt Consolidation Loans for Bad Credit Personal Loans if You Don't Have Credit Best Credit Cards for Building Credit Personal Loans for 580 Credit Score Lower Personal Loans for 670 Credit Score or Lower Best Mortgages for Bad Credit Best Hardship Loans How to Boost Your Credit Score Taxes +More All Taxes Best Tax Software Best Tax Software for Small Businesses Tax Refunds Small Business +More All Small Business Best Small Business Savings Accounts Best Small Business Checking Accounts Best Credit Cards for Small Business Best Small Business Loans Best Tax Software for Small Business Personal Finance +More All Personal Finance Best Budgeting Apps Best Expense Tracker Apps Best Money Transfer Apps Best Resale Apps and Sites Buy Now Pay Later (BNPL) Apps Best Debt Relief Best Mortgages for Average Credit Score.Best Loans to Refinance Credit Card Debt.
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