Keith Brais, Author at Legal Desire Media and Insights https://legaldesire.com/author/rachelle/ Latest Legal Industry News and Insights Wed, 15 Jul 2020 14:50:44 +0000 en-US hourly 1 https://wordpress.org/?v=6.8 https://legaldesire.com/wp-content/uploads/2018/11/cropped-cropped-cropped-favicon-1-32x32.jpg Keith Brais, Author at Legal Desire Media and Insights https://legaldesire.com/author/rachelle/ 32 32 The Top 6 Things to Know About Personal Injury Cases https://legaldesire.com/the-top-6-things-to-know-about-personal-injury-cases/ https://legaldesire.com/the-top-6-things-to-know-about-personal-injury-cases/#respond Wed, 15 Jul 2020 14:50:44 +0000 https://legaldesire.com/?p=42902 Insurance companies are in business to earn money. Annually the significant companies make billions of dollars in profits, and their own claims adjusters earn tremendous end-of-year bonuses for decreasing what they spend in claims and optimizing just the amount of money they can make their investors and placed into the pockets of company executives. Thus […]

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Insurance companies are in business to earn money. Annually the significant companies make billions of dollars in profits, and their own claims adjusters earn tremendous end-of-year bonuses for decreasing what they spend in claims and optimizing just the amount of money they can make their investors and placed into the pockets of company executives. Thus it’s never easy to file claims when it comes to personal injury cases.

An undeniable simple fact you will need to be aware of is that claims officers are trained professionals. Their job will be to do what’s ideal for their own company, not suitable for you personally.

 

Whenever somebody suffers a personal accident, quite often, the person is unsure of the significant measures to take and is perhaps unwilling to meet with a lawyer. As an authorized advocate for those victims and families of injuries in New Brunswick, Canada, Halifax injury law firm handles a vast assortment of injury states and also wishes to consider this chance to provide crucial information to think about.

 

Here are some expert legal tips and information from Halifax injury law firm that can help you with your personal injury case.

 

Research legal information. 

Be prepared to observe legal counsel if you fall prey to an injury due to a collision, medical malpractice, product liability, or perhaps a slip and fall incident. Don’t simply take things into your own hands and handle hazard managers or insurance adjusters on your very own. 

 

Consult a Lawyer

Search guidance from legal counsel with expertise that can counsel and guide you on how to best move. Be frank when describing the complete information of this episode, beyond traumas and treatment, such as previous accidents/incidents, if not in case you’ve got a criminal background. Your attorney will be more prepared if she or he knows all of it — positive and negative — by the start. Sharing a relevant history with your lawyer will stop your attorney from getting caught off guard once the horrible truth surfaces down the road in the litigation plan — and trust me it will surface. 

 

Be Honest with Your Attorney

If you meet an attorney of your choice, tell each the reality. Essentially, let your lawyer based on this personal injury case. Supply details concerning a desktop, for example, any prior harms in addition to your history. When you’ve been associated with a previous lawsuit, let your lawyer understand that. For those who get a criminal background, inform your attorney. 

 

Follow medical recommendation

Be ready to adhere to the recommendation of your physician providers. Whenever you are suffering from an injury, and also you pay a visit to an emergency area, your primary care physician or another healthcare practitioner, follow their tips for treatment, if it is analyzing, laboratory work, physical therapy, X-rays, or even perhaps a referral to an alternative sort of specialist. Caring for your entire body and injury has to be necessary.

 

You could be monitored.

Those who have taken enough opportunity to acquire treatment simply take the chance and energy to follow the help of these health practitioners, physicians, nurses, and therapists who have treated you. Be mindful that once a suit is filed, the shield will seek an investigator’s services to see or possibly film you. If you assert that the back hurts in the injury so you can’t carry it to the grocery store or scoop, then usually do not take it to the grocery store or scoop. If it is possible to perform those tasks, then don’t assert you can’t. 

 

Take off from social media limelight.

Don’t share, post, or share any legal document in Social Media sites like Facebook, Twitter, or Instagram. Whether it’s an email from your lawyer or how the incident happened in your treatment session. That is a private thing and must not be shared with all across the internet, that is basically what you’re doing once you posted on social networking. Speak to relatives and friends and get them to honor your privacy. If somebody is worried about your progress and the way you’re feeling, suggest them to call you with an old fashioned mobile call.

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Important Things That You Should Do After a Cruise Ship Accident https://legaldesire.com/important-things-that-you-should-do-after-a-cruise-ship-accident/ https://legaldesire.com/important-things-that-you-should-do-after-a-cruise-ship-accident/#respond Wed, 15 Jul 2020 14:50:23 +0000 https://legaldesire.com/?p=42899 In the case that you or your companion get injured during your vacation on a cruise ship, it is imperative to take necessary actions to preserve your legal rights. While the cruise line staff and operators are highly trained to avoid any legal liability, accidents can still happen while inside the cruise ship. However, it […]

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In the case that you or your companion get injured during your vacation on a cruise ship, it is imperative to take necessary actions to preserve your legal rights. While the cruise line staff and operators are highly trained to avoid any legal liability, accidents can still happen while inside the cruise ship. However, it is essential to know what to do if you or your companion are injured on a cruise before contacting and hiring a lawyer to pursue legal claims. Below we have listed some important things you need to do right after the cruise ship accident. 

Seek for an Immediate Medical Attention

Of course, your first priority should be your health and well-being. Whether you were injured or not, you should seek immediate medical attention. In case that the cruise is still in navigable waters, they should have a medical center inside the ship for first aid and basic medical treatment. This is also an excellent opportunity for you to document what happened and request for medical certificates. If one neglects this important step, you may find it hard to win the case whenever you decide to file a cruise ship injury claim. Furthermore, the cruise ship may charge with their medical services but don’t get intimidated by those fees. If you win the case, all the money you spend will be reimbursed on top of your injury claim. Also, after the treatment, it is vital that you secure copies of your medical record, especially if you aim to file a case for your injury. 

Take Pictures of Your Injuries

If the injury causes deep cuts, scrapes, or bruises, make sure to get high-detail pictures. Also, ask your companion to take pictures during the first aid treatment so you can easily justify the seriousness of the injury. Any evidence of trauma can be used as evidence to solidify your claim.

Document Everything with Photographs and Videos

These days, almost everyone has a smartphone, and it is highly possible that you carry one at the time of the accident. Use the device to take pictures or record a video explaining how the accident happens, what causes it, and the location where the accident happened. Take as many photos and videos from every side, especially the condition of the floor, evidence of possible wear and tear, the current lighting condition if the accident happens during the night, and other factors that could contribute to how you were injured.

If the injury is caused by a trip and falls, make sure to take a picture of the tripping hazard. If the injury was caused by a mechanical malfunction, then take photos of the equipment involved. However, if you neglect to do this step, don’t worry. Visit and read this page to know how you still are able to file an injury claim.

Look for Possible Witnesses

Aside from concrete evidence that you can get from photographs, videos, records, and documents, having a witness to testify is vital in proving your legal claim in the court. So if you know someone has witnessed the whole accident, try to talk with them and get their personal information. Make sure to get their names, mobile numbers, emails, or even their social media account so you can get in touch with them anytime. 

Moreover, you shouldn’t also forget to get the full names and their current ranks of all the cruise staff who investigated the incident as well as the first-aid providers since they can also stand as witnesses in the court. 

Remember, it is vital that you should get the names and their contact information of all possible witnesses since not doing so, it will be difficult to locate them in the future.

File a Personal Injury Claim Immediately

Once you’ve made sure your health is ok, and you have collected enough evidence regarding the cruise accident, it is imperative to report it to the authority and file a case immediately. If you fail to report your injury, chances are, it will make your legal claim difficult to win but also, in some cases, legally impossible.

The first thing you need to do is look for the ship’s security or safety officer. Once you meet him or her, report the incident and make sure to provide straightforward information about how the accident occurred. Provide them copies with all the documents and evidence you have collected. You can even write down details about the conditions you observed. However, also make sure that you should neither assign nor accept blame for the incident. In case you need to fill out forms, make sure to get a copy.

Final Thought and Contributor Credits

Getting into a cruise ship vacation is one of a kind experience. However, even in the most prestigious cruise ship, accidents can happen, and it is vital that you remember all these tips we have mentioned above, so you won’t have a problem winning your injury claim.

Keith Brais

Having graduated with a Bachelor of Science degree in Marine Engineering from Massachusetts Maritime Academy, acquired three U.S. Coast Guard licenses and worked on offshore oil drilling platforms for more than seven years, Keith S. Brais brings an uncommon degree of real-world experience to clients’ personal injury and wrongful death claims.

His unique maritime education and experience, combined with his professional legal expertise and trial skills provide invaluable benefit to clients when describing the dangers associated with maritime employment to a judge or jury

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Post Car Accident Legal Tips and Personal Injury https://legaldesire.com/post-car-accident-legal-tips-and-personal-injury/ https://legaldesire.com/post-car-accident-legal-tips-and-personal-injury/#respond Tue, 14 Jul 2020 07:23:56 +0000 https://legaldesire.com/?p=42483 You may be the world’s most careful driver, but this doesn’t mean that accidents will never happen to you. In the United States, an average of 6 million car accidents occurs per year. If that doesn’t sound alarming, imagine that 90 people die in a car accident every single day. Frequently, the typical causes of […]

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You may be the world’s most careful driver, but this doesn’t mean that accidents will never happen to you. In the United States, an average of 6 million car accidents occurs per year. If that doesn’t sound alarming, imagine that 90 people die in a car accident every single day. Frequently, the typical causes of auto accidents are drug or alcohol intoxication, driving at high speeds, and reckless driving.

Things You Should Know After a Car Accident

If ever you get involved in a car accident, you must keep these two things in mind:

First, you have to STOP.

When you get into an accident, especially one that you might have caused, your very first instinct is to drive away. This is true of minor crashes, and if you are sure that no one witnessed the accident. However, it’s your legal obligation to stop whenever you’re involved in a vehicular accident. No matter how small the damages, you must cease your vehicle. Besides, driving away is an immediate admittance of guilt, and if you ever get caught, the repercussions will be huge.

Second, even if you think you’re at fault, NEVER ADMIT RESPONSIBILITY.

It happens to the best of us. When fear takes over, you might be tempted to admit responsibility, whether or not you should. Wanting to take responsibility often happens to people who only receive minor damage like a dent on the hood or a scratch. But just because you came out safe and your vehicle received minimal damage, it doesn’t immediately mean that you are at fault.

Also, if you signed an insurance policy, you should let your insurance company manage your claim. Don’t forget that you signed a contract when you applied for an insurance policy. This contract states that you should never accept responsibility or liability no matter what circumstances you are in.

Now that you finally learned the things you should know after being involved in a car accident, it is also vital that you should know what to do once you get into a car accident.

What You Need to Do After a Car Accident

Check the extent of damage or injuries.

Right after an accident, if you are capable enough to move around, try to determine whether someone needs urgent medical attention. If you find someone trapped inside a vehicle, and if you suspect that the person is severely injured, never try to move the person out. Do try to keep that person conscious until help arrives. It is also essential that you leave your vehicle as it is unless it leads to a significant traffic problem. As much as possible, wait for the authorities before you move anything from the crash scene.

Call the police.

The next thing you have to do is to call the police. No matter how minor the accident is, you have to call for law enforcement as they will help determine who was at fault. But don’t be afraid of them. Instead, treat them as an ally. The police can see things that you may have missed while doing your own investigation. Also, the police will always be impartial in their decision, so you can rest easy.

Remember, always opt for a legal accident report no matter how minor the accident is. You must also note that the only people whom you should talk to about the incident are the police, medical responders, and your insurance representative.

Get the information you need.

An accident can be stressful. You may suffer personal injuries from the incident that could keep your focus away from the crucial details of the event. During an accident, always remember: don’t forget the facts. Once the police come, give them your report as soon as possible. As mentioned above, don’t be afraid of the police. Be as honest as you can with your statement. Don’t cut anything, even if it makes you look like you’re at fault.

If you can, try to get the identities of the other party involved, their address, and phone numbers. Also, try to obtain the car description, license plate number, insurance company, and the vehicle identification number.

Take photos and recall the details of the incident.

Almost everyone has a smartphone nowadays. If you ever figure in an accident, don’t be afraid of using your phone to take photos of the incident. The images may come in handy for claims. It also serves as evidence of the collision itself. Sometimes, the other party may exaggerate their vehicle’s damage to get more out of their insurance. Also, since you have the details right, it will prove that you’re a careful and mindful driver.

Inform your insurance company.

Once the authorities finalize their report, they can submit their report to your insurance company. You may also send it yourself, so you must contact them right after the incident. There are several methods you can use to submit a claim. You can file Total Loss claims, Not-At Fault claims, or At-Fault claims.

For a vehicle damaged beyond repair, you can file for a Total Loss claim. Instead of spending your own money to pay for repairs, you can file a Not-at Fault claim. Lastly, if it was proven that you were at fault, you can submit an At-Fault claim.

Hire a car accident lawyer.

If you have no idea when and how to make your claim, or if you feel like the terms aren’t fair, a lawyer can help you. To prevent costly mistakes, hiring an attorney as early as possible from firms is a good option. Car accident lawyers can help you deal with managing how to claim for medical bills and lost wages.

Anything can happen on the road. Even if you have full control of your vehicle, the circumstances lie within the road. Hence, you must know the things you should do after a car accident involvement. Remember, always call a lawyer from a trusted firm, like the Richmond injury legal, before you settle anything with the insurance company.

How To Win a Personal Injury Case

When someone gets involved in a physical fight, whether initiated or not, settling things aren’t always that easy. Instead of settling for a personal apology, the aggrieved party can choose to file for a personal injury case against the one responsible for the harm. The person injured may formalize his complaint through a civil court proceeding, which in turn can meet a resolution through a court judgment or informal settlement.

What is one’s better chance of winning a personal injury case? Enumerated here are proven strategies to consider.

Check your resources.

A legal proceeding may be taxing and time-consuming. Check first if you have the time to attend every court meeting and also the money to hire a lawyer.

If you are the plaintiff or the one who got hurt, make sure you have a clear copy of the doctor’s findings and other pertinent information that might help you win the case. Your doctor should also speak and act with credibility.

Hire a lawyer.

Richmond injury legal firm have proven to have gained knowledge about court proceedings and personal injury cases through education and experience. This reasoning alone will benefit you in a personal injury claim. Hire a lawyer based on these criteria and not because of recommendations alone.

Work with your lawyer.

Better present all facts to and do not hide anything from your attorney.  Even the details you may deem unimportant may be helpful in resolving the case and get the claim you deserve. Avoid debating with your attorney, too, especially during a court proceeding or when outside with other people. If you have concerns, better settle it in private and come up with a joint strategy to win your case.

Be careful about sharing information.

You must have heard a thousand times the phrase “anything you say may be used against you.” Your spoken words may appear hurtful and be taken out of context which may bring more harm than good. Be careful then, in sharing information to anyone or better yet, do not mention anything about the incident until you have an attorney by your side.

If you are the one sued, never make promises regarding payments or settlements to anyone. If you are the one harmed, do not agree on anything issued to you without your attorney’s advice.

Research about your case.

It will benefit you if you check on similar situations as yours. Though you show complete trust to your lawyer, it wouldn’t hurt a bit if you also read on cases in the last three years to get an idea of how the case progresses.

Prepare for the case.

If you are all set to proceed with the situation, follow what your lawyer advised you, but also listen to your instinct and gut feel. Preparing for the case also means being ready for the best and nastiest possible result of the situation. Be prepared, too, to have your life turned upside down. Strategies commonly used by another party are to damage your reputation for moving ahead and winning the case.

Being prepared also means having all the supporting written or signed documents and photos. These are pieces of evidence that are hard to counter.

Go for a settlement.

If the other party offered an agreement, it’s best to grab it so as not to prolong the case; this is, of course, if both you and your lawyer find the offer worth the cause. Make sure to put the agreement in writing.

Civil cases about personal injury may take longer to resolve. Make sure you are ready with the ups and downs it will bring to your life and your family. And if you are sure you want to settle everything legally, the wisest decision is to get a personal injury lawyer to help you win the case.

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Healthcare Fraud And How You Can Avoid It https://legaldesire.com/healthcare-fraud-and-how-you-can-avoid-it/ https://legaldesire.com/healthcare-fraud-and-how-you-can-avoid-it/#respond Wed, 01 Jul 2020 16:16:46 +0000 https://legaldesire.com/?p=42486 Medicare fraud occurs when an individual intentionally deceives Medicare for payment if they should not be compensated or for an amount greater than they should be paying. Fraud is unlawful and should be registered. Anyone, including doctors, other providers, and Medicare beneficiaries, may commit or engage in fraud. To combat identity theft fraud, Medicare launched […]

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Medicare fraud occurs when an individual intentionally deceives Medicare for payment if they should not be compensated or for an amount greater than they should be paying. Fraud is unlawful and should be registered. Anyone, including doctors, other providers, and Medicare beneficiaries, may commit or engage in fraud.

To combat identity theft fraud, Medicare launched a new initiative in the spring of 2018. Starting in April 2018, patients from Medicare began to collect new medicare number ID cards rather than the social security number of the patient.

Fraud identification and prevention is a significant task for the individuals and agencies responsible for running these vital initiatives. The loss of funds diverted from fraud and other illegal methods may be used to assist participants who need assistance.

Medicare fraud is the general term for someone like a physician who intentionally charges the Medicare program for a service or product not provided from a beneficiary.

Errors in Medicare Billing

Billing errors are mostly honest mistakes that do not defraud the scheme of Medicare. For example, a physician can use the wrong medical code on a Medicare claim. Even if the description of the service sounds correct, the incorrect code can change the amount you pay from your pocket. This once, harmless crime is not a Medicare scam.

Please pay careful attention to the invoice note you receive from Medicare or your insurance provider to prevent billing errors. When you suspect an error, please speak to your doctor or your team about it immediately. Then you must explain why the payment receipt is right, or the mistake will be remedied.

Medicare Fraud

Medicare fraud is illegal, which makes it more dangerous than a billing mistake. Medicare fraud includes physicians or clients who misuse Medicare for themselves.

Medicare billing fraud means that Medicare — sometimes over and over again — is intentionally paid with goods and services not medically approved, correctly labeled, or for a specific recipient. By scrutinizing your payment notice, you can help detect Medicare billing fraud. That is the message when a physician or health care provider charges Medicare or a health insurance plan for a medical device or service.

The notice lists the product or service and the total amount billed, the amount paid to the provider by Medicare or your insurance company, and how much you owe.

Besides, somebody uses your Medicare card to receive products or services. Never send or lend anyone, but your insurance providers, your Medicare card.

Abuse in Medicare

Medicare fraud happens if a doctor does not obey sound medical standards, including medically unnecessary services. It’s just as bad as Medicare fraud. Medicare misuse is illegal and punishable to the full extent of the statute, including Medicare fraud.

How to Avoid It

  • Ensure accurate billing.

Since insurers and patients put great trust in care providers, Congress has ordered severe punishment for wrongful claims. The government has broad authority to inspect and prosecute alleged fraud. Care providers must maintain detailed billing procedures to avoid inaccuracies, such as overloads and requests for unpaid or unproductive services, to prevent inadvertent fraud.

  • Keep documents current and correct.

Health providers should maintain reliable records to ensure that potential procedures deliver the best patient results possible. Precise records also help care providers protect themselves against violence.

Viewed from the Center for medicare defense from the Healthcare Fraud Group viewpoint, the procedure did not take place because the provider did not log the services provided. Care providers should maintain adequate documentation for all services delivered.

  • Prevent unnecessary referrals.

The Anti-Kickback Legislation and Stark Law set out the heightened risk for companies who invest in other services. Some lawmakers claim that these agreements facilitate undue references for business partners.

Before entering into a business partnership, care providers will ask whether prospective partners give a slightly underpriced buy-in to suggest that the company can receive unnecessary referrals as a reward.

  • Refer to legal practitioners and government departments for guidance.

Although the majority of caregivers are ethical, policymakers must pass regulations to protect the public. The medicare defense from the Healthcare Fraud Group is appropriately excluded from the OIG by any medical provider committing insurance fraud, patient negligence, or other crimes.

Care providers may receive legal guidance when entering into potentially illegal relationships, such as a partner attempting to limit references to particular practitioners or facilities. Therefore, professionals who believe they have made a false petition will immediately avoid charging and consult with a health lawyer.

Health care experts should give health care providers comprehensive risk analysis and legal reviews for dubious business activities and procedures that the government considers unethical.

The False Claims Act provides witnesses who disclose fraudulent activity rewards and protection. Legal experts, service providers, doctors, and consumers need to work together to prevent insurance fraud. Care providers should also track suspicious accounts and offer regular instruction to staff members to avoid false statements.

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How to Sue Debt Collector For Damages https://legaldesire.com/how-to-sue-debt-collector-for-damages/ https://legaldesire.com/how-to-sue-debt-collector-for-damages/#respond Wed, 01 Jul 2020 16:02:48 +0000 https://legaldesire.com/?p=41988 FDCPA offers consumer protection against excessively aggressive debt recovery actions by debt collectors and debt-recovery agencies. The FDCPA is a federal debt collection practice. If in your dealings with you, a bill collector has violated federal law, you can take steps depending on what you want. These include the suing of debt collectors, reports to […]

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FDCPA offers consumer protection against excessively aggressive debt recovery actions by debt collectors and debt-recovery agencies. The FDCPA is a federal debt collection practice. If in your dealings with you, a bill collector has violated federal law, you can take steps depending on what you want. These include the suing of debt collectors, reports to government agencies on collectors, and use of infringement as a debt negotiating tactic.

  • Physical distress damages

Some debtors are physically damaged by debt collection calls and letters, including heart problems associated with stress, migraine headaches, skin rashes, and so on. Initially, any health issues should be addressed with a qualified doctor. To document all health concerns, the debtor should contact a lawyer (https://www.paulmankin.com/creditor-harassment.) If the health issues can be linked to violations of the FDCPA, the debtor could recover the costs of treating the debt collector and other damage.

  • Emotional distress damages

Returnless telephone calls and letters from the collection can cause real stress and influence the emotional welfare of a debtor. Also, the relationship between the debtor and other linkages could be affected.

Calls to debtor staff and family members may also be an unbelievable invasion of confidentiality. All such events should be documented with an attorney and discussed. The defective debt collector could be held responsible for this distress, and the debtor could recover from the collector of the debt.

  • Recovered lost wages

Debtors may encounter work-related problems because debt collectors call for and disrupt the productivity of the debtor and its coworkers’ productivity. If debtor collectors violate the FDCPA by calling the employer of the debtor, the debtor could recover lost salaries.

In the State Court, sue the debt collector.

The consumer may refer to the debt collector to a court of law. You must prove in the proceedings that the debt collector violated the FDCPA. If you succeed, you can collect $1,000 in statutory damages and possibly more if the violations have damaged you.

A lawyer in these proceedings almost always represents the consumer. The sum of money for which the consumer sues includes the legal fees and costs of the consumer. In the State Court, the time required and lengthy remedies are almost always the longest, but the consumer can get the most significant monetary damages through a successful action.

FDCPA Law Proceedings Limitations Statute

Under the FDCPA, the proceedings for alleged FDCPA infringements shall be brought “within one year from the date of the infringement.”

For consumers who don’t wish to hire a lawyer or spend the time required in a fully-fledged state court lawsuit, small claim courts can be better choices. Small claims tribunals allow people to argue their case without a lawyer and by speedy proceedings. In general, these courts offer a shortened hearing to the consumer to discuss the lawsuit against a judge.

In general, to start the case, you file a simple document in court. In general, hearings take place less than two months following the filing of the lawsuit. The judge can decide on the spot at the conference or take the case “under presentation,” and email you the ruling later.

The downside of using small claims courts is that small claims courts will reduce the number of damages you can get.

Tell the Government Agency of the action.

It is the responsibility of the Federal Trade Commission (FTC) to monitor debt collection and to ensure that no violations of the FDCPA take place. Consumers can get FDCPA concerns in contact with the FTC.

Consumers may also contact the Consumer Financial Protection Bureau (CFPB). The CFPB receives consumer complaints, transfers these claims to the creditor, and works with the consumer and the creditor to resolve the issue.

Report the action to the State Prosecutor General.

The debt collector may also violate state laws in addition to violating FDCPA. In order to receive guidance on the possible FDCPA action and possible government actions against a debt collector, the consumer may want to contact the state prosecutor’s office. Many of them receive debt collector complaints as well, which may be prosecuted on behalf of the State if they get enough against one collector. See State Consumer Protection Offices find the office of your state.

When a debt collector’s actions violate the FDCPA, and the debtor suffered losses as a consequence of the activities undertaken, the debtor could be given some real relief by suing the debt collector under the FDCPA. The FDCPA claim could also permit the debtor to recover for the damage caused, physical, emotional, and financial, as well as stop the harassing telephone calls.

Takeaway

If you think that when you try to collect a debt from a collector, you will be able to discuss your individual situation with a lawyer which you can find online from firms like Paul Mankin.  They will be able to analyze you and give you advice on your rights and options under the law.

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