Have You Been Sued by Denali Capital? We Can Help

If you have received notice that you are being sued by Denali Capital, it is natural to feel stressed and overwhelmed. You may not know what to do next, or how you will repay the debt Denali is trying to collect. Our Fort Lauderdale debt defense lawyers know the strategies that can help ensure you do not have to repay the debt. Additionally, if Denali Capital has violated your rights, you may be entitled to additional damages.

Who is Denali Capital?

Denali Capital is a company that purchases old debt from original creditors. Like other debt collection companies, Denali purchases these debts for pennies on the dollar. Also like other debt purchasers, the representatives at Denali can be very aggressive when trying to recover debt from borrowers. Denali Capital is based in Birmingham, Alabama, but they try to collect debt from consumers throughout the country. Denali Capital makes collection attempts on many different types of debt, including:

• Personal loans
• Auto loans
• Medical debt
• Utility and services
• Credit card debt

Denali Capital is a legitimate debt collection company. However, this does not mean that you owe the debt the company is claiming.

Defenses to a Denali Capital Debt Lawsuit

Being served with notice of a lawsuit filed against you by Denali Capital is very stressful. Fortunately, being sued does not automatically mean that you will have to appear in court, have your wages garnished, or be liable for repaying the debt. There are many defenses to these lawsuits that can eliminate your liability for the debt. These are as follows:

• The statute of limitations: Debt collection companies such as Denali Capital only have a certain amount of time to collect debt. This is known as the statute of limitations and in Florida, the time limit is five years. The statute of limitations is not straightforward in debt collection cases, though. The clock on the statute of limitations starts on the date the debt was taken out or the date you last paid the debt.
• Lack of standing: Denali Capital, and debt collectors like them, must have legal standing to file a lawsuit. This means they have grounds, or a reason, to sue you. If Denali Capital cannot prove that they own your account, they do not have legal standing to sue you. When debt collectors purchase debt from original creditors, important paperwork gets lost. Denali Capital must be able to provide this paperwork.
• Improper service of lawsuit: There is a clear legal procedure companies such as Delani Capital must follow when serving someone with a lawsuit. If these procedures are not followed, it can serve as a defense. However, Delani will likely serve the lawsuit again, making sure to file all procedures. So while this can delay the lawsuit, it will not necessarily eliminate it altogether.

The FDCPA and the FCCPA

The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to debt collection companies, but not original creditors. The Act prohibits debt collectors from taking certain actions when trying to recover a debt. These include, but are not limited to, the following:

• Contacting borrowers very early in the morning or late  at night
• Threatening harm or violence to a borrower, or to their property
• Threatening to sue an individual when they do not intend to
• Using profane language
• Representing themselves as a lawyer when they are not
• Misrepresenting certain facts about the debt a borrower is carrying
• Calling someone’s place of employment when they have been asked not to

Under the FDCPA you also have the right to dispute the debt if the amount is inaccurate or you believe the debt does not belong to you. Delani Capital then cannot contact you until they have proven that the debt is yours and the amount is correct. If Delani Capital violates your rights under the FDCPA, you can file a lawsuit against them to collect certain damages.

The Florida Consumer Collection Practices Act (FCCPA) largely mirrors the federal law. If Delani Capital has violated this law, you can also collect damages under this Act.

Damages Available Under the FDCPA and the FCCPA

Under the FDCPA and the FCCPA, you can file a lawsuit against Delani Capital if they have violated your rights. Under each Act, you are entitled to recover all of your actual damages, as well as statutory damages. Actual damages may include the following:

• Emotional and physical distress: The stress related to being constantly harassed by debt collectors can result in a number of physical problems. These may include migraines, heart problems, and more. When debt collectors call you constantly at home or at work, it can also cause emotional distress. Borrowers suffer from an invasion of privacy when debt collectors call their employer or family members. You can include these damages in your lawsuit to receive financial compensation for these losses.
• Lost wages: When debt collection companies call you at work constantly, it can greatly interfere with your job. If you have been suspended or let go due to constant calls at work, you can recover the lost  wages you lost in your lawsuit.
• Wage garnishment: If Delani Capital has already had your wages garnished and you can prove you do not owe the debt, you can also recover the damages you lost due to the wage garnishment.
• Legal fees: If you had to hire an attorney to fight back against Delani Capital, you can recover your attorney fees and other legal fees, such as court costs, you had to pay.

The FDCPA and the FCCPA both also allow you to collect up to $1,000 in statutory damages. Due to the fact that these are statutory damages, you can collect them even if you did not suffer harm, but Delani Capital violated your rights.

Our Debt Defense Lawyers in Fort Lauderdale Can Fight Back Against Delani Capital

If you have been sued by Delani Capital, do not fight back against them on your own. At Loan Lawyers, our Fort Lauderdale debt defense lawyers can determine what damages you are entitled to and help you navigate the process so you obtain the maximum compensation you deserve. Call us now at (954) 523-4357 or contact  us online to schedule a free consultation and to learn more about how we can help.