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FDCPA FAQ
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Updated on Author: Sergei Lemberg

Summons and Complaints


Like most Americans you probably have some debt. The Fair Debt Collection Practices Act (FDCPA) which was approved in 1977 protects you from debt collector’s call you day after day harassing you. Debt collectors must abide by the guidelines that the FDCPA set or you may have the right to sue! There is no reason for harassing phone calls or threats of any kind from debt collectors. You need to know your rights and we will help with providing you more information!

Summons and Complaint

You have received a certified letter in the mail and you have no idea what it is. After you open it you are reading this letter and it contains “summons” and “complaint,” what could it be? This is the beginning of a civil lawsuit that has been brought against you. The plaintiff had to file a complaint in a trial court first. This complaint would then be sent to you along with a summons for you to appear in court. In order for there to be an official complaint the plaintiff must show burden of proof or the lawsuit will be a moot point

What if you don’t Show in Court?

Do you have the feeling that this is a ridiculous lawsuit that is being brought against you? No matter how big or small this claim may seem, it is important for you to stand up for your rights and have your say in court. If you decide for any reason not to appear in court there can be a judgement that will be entered for the plaintiff to win the case. If you can settle an issue out of court you will be better off, however, know that you have the right to respond to any/all claims brought against you and if you’re being wrongly sued you have the right to fight the claim in court!

Whose rights, YOUR Rights

No matter the circumstances pertaining to your debt having the opportunity to clear you name is out there. Maybe you no longer have the debt, maybe you paid it off and they are still calling you. Contact a FDCPA lawyer who can explain your rights, what can be done to ward off the collectors and how to possibly win a case against them. When the phone rings do not be frighten at who may be calling, stop the harassing phone calls now!

About the author:

Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

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