Collection Law Violations, Credit Repair and Debt Negotiation

Striking Back at Illegal Collection Tactics

Did you ever receive a collection call late at night? Did the collectors scare you by telling you that you that the Marshal or Sheriff was coming over to sell you possessions? Are collectors calling your relatives and neighbors and disclosing that you are in debt?

Such conduct is illegal but the collectors hope that they won’t get caught. They are counting on you not to get legal help and they hope you will give in to their demands.

Are you ready to fight back?

We can help you stop the calls and get you money damages from the collectors!

Improving your Credit Score

Are you haunted by bad credit that never seems to go away? Have you tried, unsuccessfully, to fix your credit report?

Filing for bankruptcy is often a good first step towards improving your credit. We encourage our clients to obtain current credit reports before filing, to assure that they list all credit relationships in their bankruptcy. Once our clients receive a bankruptcy “discharge” we suggest that they write to the credit reporting bureaus (by certified mail) to have their credit reports updated to reflect the discharged debts, which should all show as “discharged” with balance due: $0 and showing no late payments being reported after the bankruptcy filing date. If the reports are not corrected, we can assist you in having them corrected, and possibly sue the creditors and reporting bureaus for not doing so.

If you continue to pay your mortgage after bankruptcy, your credit report should not reflect this loan as “in bankruptcy” after your discharge. Your certified letter to the credit bureau disputing this treatment is the starting point for clearing up the problem.

Bankruptcy does not eliminate “public records” items from your credit report, such as judgments and tax liens. If you owned real estate at the time of your bankruptcy filing, certain judgments and tax liens will survive bankruptcy, but other judgments, if not filed with the County Clerk’s office where the real property is located, can be taken off your credit report, with our help, one year after your bankruptcy discharge, by your taking action in the original court.

Debt Negotiation

Settling a debt with an original credit issuer, will cause the creditor to send you a 1099 form, requiring you to pay income tax on the discount you have negotiated in settling the debt. In Today’s credit marketplace, however, rather than settle with you, original credit issuers often “sell” bad debt after they have charged off” the account. “Charge-off” does not mean that the company has excused your debt. Rather, it means that they have taken a tax write-off. The new holder of the debt will try to collect from you. You should be aware, however, that they have probably paid only about 5% to the original creditor, and will now seek to recover 100% from you. In negotiations, however, it is often possible to obtain a more favorable settlement with a subsequent holder of the account, than with the original issuer.

If you wish to consider debt negotiations, we can give you guidance in that regard. For many, however, the first consideration should be whether bankruptcy is a viable option. Chapter 7 bankruptcy allows you to escape debt without payment to creditors (or in some cases, a small payment). Chapter 13 bankruptcy allows you up to five years to pay off your debts without interest. In some cases, payments under chapter 13 can be for only a small portion of your debt, and you will be excused of the balance due after the payment plan has been completed, even if the payment plan requires you to pay only 25% (or less) of your unsecured debts. The consultation as to availability of bankruptcy in your circumstances, is free. Once you have investigated all your options, and evaluated the risks and benefits of each, you are free to choose the best fit for your personal circumstances.

Debt negotiation - Credit repair - Payment plans

The lawyers at Corash & Hollender, P.C., have been helping people face their financial difficulties for many years. We work with clients to rebuild their credit. We know that the cause of most financial difficulties is some unanticipated events or crisis. We provide non-judgmental and sympathetic representation that focuses on solving the problem. To learn how we can help with credit repair, contact our Staten Island law firm.

Helping debtors since 1977

Our attorneys start clients along the road to an improved credit score and credit standing. Whether you need to have debts restructured and a payment plan developed, or want to have inaccuracies removed from your credit report, our lawyers can help. We have experience negotiating with creditors. We work to correct the consequences of identify theft, which can ruin a credit rating as easily and more quickly as inattention to total indebtedness.

Effective debt negotiators

Our lawyers have the negotiation skills and experience to handle threats and intimidation from creditors. We are able to obtain written agreements from a creditor rather than verbal promises that cannot be enforced. We make sure that your rights as a debtor are enforced. Creditors often find arguments from attorneys more compelling than those from individuals or credit agencies because we are licensed and governed by a bar association. We can also protect you against unscrupulous debt collectors who regularly violate federal Law.

Moving forward after restoring your credit

After your financial problems are resolved, we guide you through the process of obtaining new credit cards, loans, and other types of credit. We show you how to monitor your credit report and correct any errors that may occur in the future. Credit repair is not a one-time operation. Maintaining a good credit score requires ongoing attention and monitoring.

To learn how our attorneys can help you repair your credit score, contact our Staten Island law firm.

Free Initial Consultation - Credit Cards Accepted

The secret to our success is that we care about our clients