Heartland Resolution Group Debt Defense

Heartland Resolution Group is a debt collection company. They purchase debt from multiple creditors that do not believe they will be able to collect on the debt. Instead of continuing to chase borrowers, the original creditors sell many accounts to debt collection agencies such as Heartland Resolution Group for pennies on the dollar. Heartland then pursues the debt and anything they collect is pure profit for them.

Unfortunately, Heartland Resolution Group, and many debt collection companies like it, do not treat consumers honestly or fairly. They may harass you, threaten legal action, and even tell you that you will be arrested if you do not repay the debt. Fortunately, there are ways you can fight back. Below, our Heartland Resolution Group debt defense lawyer explains what these are.

Violations of the Fair Debt Collection Practices Act (FDCPA)

Under the federal Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in certain behaviors when trying to recover a debt. Heartland Resolution Group has had many complaints filed against it stating that it violated the FDCPA. Debt collectors can violate the FDCPA in several ways, but the most common of these are as follows:

• Threatening borrowers with violence or harm to them or their property,
• Calling consumers before 8:00 am or after 9:00 pm local time,
• Threatening to file a lawsuit against borrowers when they have no intention of doing so,
• Using profane language,
• Misrepresenting the facts about the debt borrowers owe,
• Misrepresenting themselves as a lawyer when they are not, and
• Contacting the employers of borrowers, even when they have been asked not to.

If you dispute the alleged debt because you do not believe it is yours or you do not believe the amount of debt is accurate, the FDCPA allows you to dispute it. To do this, you are required to contact Heartland Resolution Group within 30 days after they notify you about the debt. When you contact the company, you must ask them in writing to validate the debt. Once you have sent the request, Heartland cannot contact you regarding the debt until they have provided you with the necessary validation. There is no time limit placed on debt validation, but Heartland cannot contact you until the debt has been validated.

Heartland Resolution Group has had many complaints lodged against them about the unfair debt collection tactics they use. They have been accused of contacting the employers of borrowers and of harassing consumers by calling them at all hours of the day and night.

If Heartland has violated federal law, you can file a lawsuit against them. The FDCPA allows you to take this legal action to recover up to $1,000 in damages, as well as compensation for any of your losses. For example, if you lost your job because Heartland continued to contact your employer, you can include damages for lost income, as well as your attorney fees, in your lawsuit.

Expired Statute of Limitations

Most debts, such as auto loans and credit cards, are based on a written contract. As such, when a debt collection company such as Heartland Resolution Group files a lawsuit against you, it is typically for breach of contract. The statute of limitations, or time limit, in these cases is five years and after that time has passed, the debt is considered unrecoverable. Debt collectors can still contact you even after the statute of limitations has expired, but they cannot take legal action against you such as garnishing your wages.

Determining whether the statute of limitations has expired on your debt is not always easy. If you have made payments on the debt, they will restart the statute of limitations. For example, you may have taken out credit card debt on July 1, 2023, and it was later sold to Heartland Resolution Group. If no payments were made on the debt, the statute of limitations would expire on July 1, 2028. However, if you made a payment on November 1, 2023, the statute of limitations would expire on November 1, 2028.

Filing Bankruptcy

Bankruptcy should always be a last resort, but it can also give you a fresh financial start. By filing Chapter 7 bankruptcy, you can discharge your debt, which means you are no longer legally responsible for paying it. You can discharge any debt you owe Heartland, as well as other debts you feel you cannot afford, as well. Not everyone qualifies for Chapter 7. To be eligible, you must pass a means test showing that you cannot afford to repay the debt.

If you do not pass the means test or otherwise do not qualify, you may be able to file Chapter 13 bankruptcy. Chapter 13 bankruptcy does not discharge your debt but rather, it restructures it into a repayment plan. Chapter 13 bankruptcy repayment plans extend between three and five years, which can give you more time to repay the debt while also making it more affordable.

Debt Settlement

Debt collection companies such as Heartland Resolution Group are often willing to negotiate a debt settlement. A debt settlement will require you to pay one lump sum, but you can negotiate an amount that is much lower than what you originally owed. Many people are not comfortable negotiating on their own and so, it is important to work with a lawyer when dealing with Heartland. A lawyer will know how to negotiate a fair amount of debt and ensure you do not pay unfair interest rates or fees.

Call Our Heartland Resolution Group Debt Defense Lawyer for a Free Case Review

If Heartland Resolution Group has contacted you, they will likely only become more aggressive over time but a Fort Lauderdale debt defense lawyer can ensure your rights are upheld. At Loan Lawyers, we can build a defense that is appropriate for your case and communicate with Heartland on your behalf. Call us now at (954) 523-4357 or contact us online to schedule a free review of your case and to get the legal help you need.