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Learn about our Legal Service Financing option to help you tackle your legal needs with confidence.
Charlotte FDCPA Attorneys
Helping People Throughout North Carolina
Do You Need Legal Help?
Our Attorneys at Phillips & McCrea, PLLC will fiercely advocate for you, leaving no stone unturned in their pursuit of justice and protection of your rights.
With their unwavering determination, we are committed to fighting on your behalf and ensuring that your voice is heard in any legal matter.
Osmund M.
Phillips and McCrea do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book.
Denise D.
Philips and McCrea Law firm provided excellent service to entire family and friends. There have been several situations that I/family /friends have depended on their legal service’s. On each occasion they have been professional, knowledgeable and dependable. Providing excellent representation and guidance under stressful situations. I would highly recommend their legal service.
S. Jackson
I was recently injured in a car accident. Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!
Our Firm's Core Values
Compassion
Client's Interest First
Consistent Clear Candid Communication
Courageous
Committed
Charlotte Federal Debt Collect Practices Act Attorneys
At Phillips & McCrea, PLLC, we understand the stress and frustration caused by harassment from debt collectors. If you are being pursued by aggressive collection agencies, it’s important to know that you have rights. The Fair Debt Collection Practices Act (FDCPA) offers protection against abusive, deceptive, and unfair debt collection tactics.
Protecting Consumers From Unlawful Debt Collection Practices
The FDCPA was created to prevent abusive debt collection practices. Unfortunately, many debt collectors still engage in illegal tactics such as making threats, calling at inconvenient hours, or pursuing debts that are not owed. If you’ve been a victim of such harassment, Phillips & McCrea, PLLC is here to help you take legal action.
Free Consultations For Clarity and Guidance
To help you navigate this challenging time, we offer free consultations. This initial meeting allows us to understand the specifics of your case and enables us to outline a tailored legal strategy. Our goal is to alleviate your concerns and provide a clear path forward, helping you get the peace of mind you deserve.
Nationwide Assistance For FDCPA Cases
While our office is based in Charlotte, North Carolina, our reach extends beyond state lines. We are equipped to handle FDCPA cases anywhere in the United States. Whether you reside in North Carolina or another state, our experienced attorneys are ready to advocate for your rights and navigate the intricacies of FDCPA law.
Experience in FDCPA Claims
Phillips & McCrea, PLLC brings a wealth of experience in investigating and prosecuting FDCPA claims. Our understanding of the legal complexities involved allows us to effectively represent individuals seeking justice for harassment or unfair practices by debt collectors.
Common FDCPA Violations
Under the FDCPA, debt collectors are prohibited from engaging in numerous unlawful practices. Some of the most common violations include:
- Calling you before 8 a.m. or after 9 p.m.
- Contacting third parties about your debt (apart from your spouse)
- Threatening violence, arrest, or illegal actions
- Attempting to collect on a debt that is time-barred or not valid
- Using profane or abusive language
- Falsely implying they represent the government or law enforcement
If you’ve experienced any of these actions, or if a debt collector has harassed you in other ways, you may have a case. Our team at Phillips & McCrea, PLLC is here to guide you through the process of holding these collectors accountable and ensuring your rights are protected.
Your Trusted FDCPA Attorneys
At Phillips & McCrea, PLLC, we are committed to defending clients from unlawful debt collection practices. Our attorneys have the knowledge and experience to handle FDCPA cases nationwide. We focus on protecting consumers, not corporations, and we are dedicated to securing the compensation you deserve.
If you are dealing with debt collection harassment, contact us for a free consultation. Let us guide you through the legal process and fight for the justice you deserve.
Phillips & McCrea assists people with legal matters in the following locations: Concord, Cornelius, Gastonia, Huntersville, Kannapolis, Lincolnton, Matthews, Mint Hill, Monroe, and Statesville.
Navigating FDCPA Claims: Common Mistakes to Avoid
When it comes to obtaining FDCPA protection, it’s crucial to approach the process with care and avoid common pitfalls. At Phillips & McCrea, PLLC, we understand the challenges that consumers face when dealing with abusive debt collectors. Here are some mistakes to steer clear of when seeking justice for debt collection harassment.
Mistake #1: Delaying Reporting of Harassment
Prompt reporting of debt collector harassment is essential when pursuing an FDCPA claim. Delaying your report can hurt your case. Ensure that any incidents of harassment, threats, or abuse are documented and reported as soon as possible.
Mistake #2: Failing to Seek Legal Assistance Early
Your legal rights should be a top priority. Failing to seek immediate legal help after being harassed by debt collectors can not only impact your case but may also delay your ability to take action. Consulting with an experienced FDCPA attorney is crucial for ensuring that your case is handled properly from the start.
Mistake #3: Providing Incomplete or Inaccurate Information
Accurate information is vital for a strong FDCPA case. Providing incomplete or inaccurate details about your interactions with debt collectors can hinder your ability to build a solid case. Be thorough and transparent in all communications with your attorney and relevant authorities.
Mistake #4: Ignoring Harassment After It Begins
One of the most common mistakes is letting debt collectors continue to harass you without taking action. Ignoring harassment or assuming it will stop on its own only allows the abuse to continue. If you’ve experienced any form of harassment, take action by contacting an attorney as soon as possible.
Mistake #5: Not Challenging Violations
If a debt collector violates your rights under the FDCPA, do not ignore it. Ignoring these violations can weaken your case. Seek legal counsel immediately. Our attorneys have successfully helped clients challenge FDCPA violations and obtain the justice they deserve.
Mistake #6: Overlooking The Importance of Documentation
Documentation is key in FDCPA cases. Failing to keep a record of debt collection attempts, including threatening messages or phone calls, can significantly hinder your case. Keep thorough records of every interaction with debt collectors to help support your claim.
Nationwide Assistance For FDCPA Claims
At Phillips & McCrea, PLLC, our commitment to assisting individuals with FDCPA claims extends beyond Charlotte, North Carolina. We are equipped to help clients across the United States navigate the complexities of FDCPA law and fight against unlawful debt collection practices.
Avoiding these common mistakes can strengthen your FDCPA case. If you find yourself facing harassment or have questions about your eligibility for relief, contact us for a free consultation. Phillips & McCrea, PLLC is here to guide you through the process and ensure you receive the compensation you deserve.
Frequently Asked Questions Regarding FDCPA Claims
What is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair practices by debt collectors. It sets rules for how debt collectors can operate when collecting a debt, ensuring that consumers are treated fairly and with respect.
Who is protected under the FDCPA?
Consumers who are contacted by third-party debt collectors regarding personal, family, or household debts are protected under the FDCPA. This includes individuals who are facing harassment or unlawful tactics by debt collectors.
What types of behavior are prohibited under the FDCPA?
The FDCPA prohibits debt collectors from using abusive language, threatening legal actions they cannot take, contacting consumers at inconvenient times (before 8 a.m. or after 9 p.m.), and misleading consumers about the amount of debt or the actions they may take. These are just some examples of unlawful behavior under the FDCPA.
What should I do if a debt collector violates the FDCPA?
If a debt collector violates your rights under the FDCPA, you should document the harassment or unlawful actions and contact an attorney. A lawyer can help you take legal action against the collector and ensure you receive the compensation you’re entitled to.
How do I know if my rights have been violated under the FDCPA?
If a debt collector uses threats, abuses you, contacts you at inappropriate hours, or engages in other deceptive practices like claiming you owe a debt that you don’t, your rights may have been violated. It’s important to keep records of all interactions with the collector to support your claim.
Can I file a lawsuit under the FDCPA?
Yes, if a debt collector violates your rights under the FDCPA, you have the right to file a lawsuit. You may be entitled to compensation for actual damages, statutory damages, and attorney’s fees. A lawyer specializing in FDCPA claims can guide you through the legal process.
What do I need to do to file an FDCPA claim?
To file an FDCPA claim, you should document every instance of harassment or violation by the debt collector. This includes keeping track of phone calls, emails, and letters. Afterward, consult with an FDCPA attorney who can evaluate your case and help you pursue legal action.
How long do I have to file an FDCPA claim?
You generally have one year from the date of the violation to file an FDCPA claim. It’s important to act quickly and contact an attorney as soon as possible to avoid missing the statute of limitations.
Do I have to pay upfront fees to file an FDCPA claim?
No, Phillips & McCrea, PLLC works on a contingency fee basis. This means you don’t pay anything upfront. We only get paid if we win your case. We offer free consultations to help you understand your rights and assess your case.
FDCPA Attorney Client Story
This client story is for educational purposes only.
Meet Susan, a hardworking woman who found herself facing an unexpected battle after falling behind on payments due to mounting medical bills and unexpected financial pressures. Susan wasn’t someone who regularly dealt with debt, but due to unforeseen circumstances, she found herself struggling to make ends meet, and that’s when the debt collectors started calling.
In the midst of her financial troubles, the harassment began. Debt collectors relentlessly pursued her, calling multiple times a day, leaving threatening messages, and attempting to intimidate her into paying debts she couldn’t afford. The calls felt endless, and each time the phone rang, her anxiety grew. Susan wasn’t just dealing with financial strain; the emotional toll of the constant harassment was becoming unbearable. She didn’t know where to turn, and the stress of it all was taking a heavy toll on her well-being.
Enter Phillips & McCrea, PLLC. Our team, led by attorney Michael Phillips, stepped in to guide Susan through this overwhelming process. We understood the emotional and financial strain she was under and knew that the debt collectors’ actions were unlawful under the Fair Debt Collection Practices Act (FDCPA). We became her trusted partner, fighting on her behalf to put an end to the harassment and protect her rights.
Susan’s story is one of resilience in the face of adversity. The pressure she faced was not only financial but emotional. As the debt collectors continued their relentless pursuit, Susan turned to Phillips & McCrea, PLLC for help, knowing that she needed a legal team who could stand up for her and secure the justice she deserved.
Michael Phillips, with a deep understanding of the FDCPA and how debt collectors violate consumers’ rights, took Susan under his wing. The attorney-client relationship was not just about legal representation; it was a partnership based on trust, compassion, and a shared commitment to getting Susan the peace of mind she deserved. Michael worked tirelessly to challenge the abusive debt collectors and ensure that Susan’s case was meticulously prepared and presented.
Throughout the legal battle, Susan found comfort in knowing that she had a dedicated advocate on her side. The emotional toll of the harassment was met with understanding and empathy from Michael, who knew that this case was about more than just law—it was about the human impact of unlawful debt collection practices.
In the end, Susan emerged victorious, securing compensation for the damages caused by the debt collectors’ violations. More importantly, she found relief from the constant fear and stress of harassment. The story of Susan and Michael Phillips is a testament to the firm’s commitment to helping individuals fight back against debt collection abuse and ensuring that they are treated fairly under the law.
If you, like Susan, are facing harassment from debt collectors, Phillips & McCrea, PLLC is here to be your ally in the pursuit of justice. Let our experienced team guide you through the legal process, providing the support and legal expertise you need during this challenging time.
Contact Our FDCPA Attorneys Today
If you are facing harassment from debt collectors, Phillips & McCrea, PLLC is here to help. We offer free consultations and are ready to assist you in asserting your rights under the FDCPA. Let us guide you in taking the next step to protect yourself from abusive debt collection practices.
Common FDCPA Violations
Some of the most common violations under the FDCPA include:
- Calling you multiple times a day or repeatedly after you’ve asked them to stop
- Threatening you with arrest or jail time for unpaid debts
- Contacting you at work despite being asked to stop
- Adding illegal fees or charges to your debt
- Leaving messages that do not identify the debt collector or their purpose
- Attempting to collect a debt that has been discharged in bankruptcy
If any of these actions sound familiar, Phillips & McCrea, PLLC can help you hold debt collectors accountable. We understand the complexities of FDCPA law and are ready to take on your case.
Contact Us For Legal Support
If you are facing harassment from debt collectors, don’t hesitate to contact Phillips & McCrea, PLLC. Our experienced attorneys are ready to assist you in asserting your rights under the FDCPA.
Client Reviews
I received legal assistance from this firm and my experience with them was amazing. They are extremely professional and keep all business confidential. Everything was done in a timely and orderly fashion and being able to keep in close contact with the lawyers at this firm was reassuring. Phillips and McCrea have helped not only myself but my family and friends as well and I would strongly recommend them if you are in a legal bind.
