EMP Debt Collection Debt Defense

EMP Debt Collection is a legal consumer debt collection company. On their website, the company states that they are dedicated to helping consumers with their debt obligations. Unfortunately, that is not always true. Like other debt collection companies, EMP Debt Collection does not always treat consumers fairly. They may threaten them, call them at inconvenient hours, and even discuss the debt with other people.

These unfair tactics are against the law and if EMP has used them on you, it may be possible to file a lawsuit against them. There may also be defenses in your case that can eliminate the debt so you are not responsible for paying it. Below, our Fort Lauderdale debt defense lawyer explains further.

Fair Debt Collection Practices Act Violations

The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from acting in certain manners when they are trying to collect a debt. Unfortunately, EMP Debt Collection and other companies like it do not always comply with the law. There are many ways debt collectors violate the FDCPA but some of the most common ways include:

• Calling borrowers before 8:00 am or after 9:00 pm
• Threatening violence or harm to a borrower or their property
• Making threats
• Threatening borrowers with a lawsuit when they have no intention of following through
• Using profane language
• Representing themselves as an attorney when they are not
• Misrepresenting certain facts about a borrower’s debt
• Calling borrowers’ places of employment when they have been asked not to

According to the FDCPA, you can dispute the alleged debt if you do not believe it is yours, or if the amount of debt you are being pursued for is incorrect. To do this, you must contact EMP Debt Collection within 30 days after being notified about the debt. Contact the company, in writing, and ask them to validate the debt. After sending the request, the company cannot contact you trying to recover the debt until they have validated it. The law does not place a time limit on validation requests, but EMP Debt Collection cannot contact you until the debt has been paid.

EMP Debt Collection has several complaints filed against them regarding the unfair tactics they use when trying to collect on debt. They have been accused of misrepresenting themselves as attorneys, and of calling customers several times a week, which is harassment.

If you feel as though EMP Debt Collection has violated the FDCPA, you can take legal action against them. The law allows you to file a lawsuit against any debt collector for an FDCPA violation and collect up to $1,000 in statutory damages. You can also recover compensation for your attorney fees and any other loss that you sustained. A lawsuit against the company may not shield you from a debt obligation, but it can help you recover your damages.

The Statute of Limitations

The statute of limitations on debt collection in Florida is five years. This means EMP Debt Collection cannot take legal action against you if the debt is older than five years. While they can still contact you regarding the debt, as long as they do not violate the law when doing so, they cannot file a lawsuit against you, have your wages garnished, or take other negative action. Because debt collectors have very few options after the statute of limitations expires, most do not continue with collection attempts.

The law on the statute of limitations seems fairly straightforward but it can become complex. Any payment made on the debt can restart the clock on the statute of limitations so, it is not always easy to determine the time limit has expired. For example, imagine that you incurred medical debt on January 1, 2024, that was later sold to EMP. It is easy to assume that the statute of limitations would expire on January 1, 2029. However, if your last payment on the debt was paid on January 1, 2025, EMP would have until January 1, 2030, to collect.

Bankruptcy

Bankruptcy is a last resort but it can give you a clean slate so you can start fresh. This is especially helpful if you have a substantial amount of debt. A Chapter 7 bankruptcy can discharge any debt you owe EMP Debt Collection or any other debt collector. When debt is discharged, you are no longer responsible for paying it. To curb bankruptcy fraud, the federal government introduced a means test in Chapter 7 bankruptcy cases, which makes it harder to qualify.

If you cannot pass the means test, you do still have options. A Chapter 13 bankruptcy will restructure your debt to EMP, and others, into a repayment plan. Typically, you have three to five years to repay the debt within the plan. The courts may also discharge a portion of your debt during Chapter 13 bankruptcy.

Settlement Negotiations

EMP may be willing to negotiate a debt settlement with you. If you can do this, you will usually have to pay a lump sum that is lower than the original amount of the debt. EMP is often willing to negotiate with borrowers so they can recover at least a portion of the debt. When debt is old, collection agencies are often even more willing to negotiate a debt settlement because they may feel as though otherwise, they will not recover any of the debt.

Call Our Debt Defense Lawyer in Fort Lauderdale for a Free Consultation

It can be very frustrating to be contacted by EMP Debt Collections about old debt, but you do have options. At Loan Lawyers, our Fort Lauderdale debt defense lawyer can explain what these are so you have the best chance of a successful outcome. We can negotiate a settlement on your behalf, advise on the possible defenses available, and handle every legal detail of your case. Call us today at (954) 523-4357 or online to schedule a free consultation and learn more.