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Will I have to appear in court during an FDCPA case?

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If you feel that your rights are being violated, you should contact the Federal Trade Commission or a debt collection attorney to look into the possibility. The FDCPA is an acronym for Fair Debt Collection Practices Act. It is regulated and enforced by the FTC. Debt collectors must follow certain stipulations and must avoid certain things under FDCPA. It usually applies to agencies that have purchased your debt. The FDCPA is there to help customers that believe that they are being subjected to harassing and unlawful phone calls by collection agencies.

If your case goes to trial, then you have the right to file a claim against the debt collector. Unfortunately, you will have to appear in court. However, you are very unlikely to end up at that stage. Because these types of cases are fairly common, there are various steps built in to the legal process to allow the creditor and client to settle the issue without the need and expense of a trial. There may be a summary judgement where the collection agency will present all their evidence and hopes to get the judge to issue a judgement against you without a trial.

You may also be required to meet with a lawyer or a judge beforehand to determine if there is still a chance, or willingness on your part, to settle and avoid a trial altogether. When these have been exhausted, then the case will go to trial. In a trial, you will have the opportunity to present all of your evidence and witnesses to a judge and have an attorney represent you in a court.

Finding a FDCPA attorney can be done through your state’s bar association, an online search, or asking friends and family for recommendations. One of the easiest ways to find a qualified attorney in your area is by filling our our free debt collection evaluation. Once you contact an attorney, your debt collection calls will stop and instead be forwarded to your attorney, giving you the peace you need.

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