Your debt is probably weighing heavily on your mind. But the phone calls from Monterey Financial Services have made the debt's load on your psyche feel even heavier than usual.
There's a way out. File a claim against the third-party collection agency, and get help from an FDCPA attorney. It sounds daunting, but once you experience freedom from the harassment, you will immediately thank yourself for having the courage to move forward with a claim.
Know Your Rights
It can be easy to forget that you actually do have rights when you're being harassed with such vigor. But in this case, you have a robust federal law on your side that's protecting you from third-party collectors.
It's called the Fair Debt Collection Practices Act (FDCPA), and it's a law that keeps third-party collectors from engaging in aggressive behavior to collect money. Some of these prohibited acts include:
- Calling you before 8 a.m. and after 9 p.m. in your time zone
- Discussing your debt with anyone other than you, your attorney, or your spouse
- Threatening legal action that it had no intention of taking
- Threatening to garnish your wages
These acts are a violation of the FDCPA, but there are many other potential violations as well. An FDCPA attorney is your best bet for figuring out if the offenses committed against you are worth pursuing.
Going to Court with Monterey Financial Services
After you file your claim, Monterey Financial Services will receive what's called a notice. The notice has two parts: the complaint and the summons.
The complaint tells the company why it's being brought to court, and the summons gives the details about where and when the company should appear.
Going to court is nerve-racking, but no matter how scared you are, it's imperative that you show up on time in order to make a good impression. Make whatever arrangements you must in order to get to court early.
Take traffic and external variables into account, and if you’re nervous, remember that you won’t go to jail simply because you can’t pay your bills.
How to Prepare
Your attorney is an integral part of your preparation process for your day in court. When your attorney asks you for evidence of the harassment, present any files and media that show that you were the victim of aggressive behavior from the debt collector.
For example, you could show a recent credit report whose number changed as a result of false information that the third-party collection agency reported.
Your attorney will also help you prepare by teaching you which questions to anticipate in court. This is crucial, because the more confident you seem, the better chance you'll have at having a positive outcome.
You'll also feel much more prepared, which will in turn put you at ease. This also goes a long way towards making your day in court go as smoothly as possible.
Contact an Attorney
Don’t get used to the angry phone calls and embarrassing mail. You shouldn’t be experiencing such bad behavior. You deserve to be protected, and you deserve justice. Contact an attorney and regain your peace of mind.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Monterey Financial Services or any other third-party collection agency, you may not be entitled to any compensation.