877.958.8775

Make them Pay!

Reasonable, Flat Fee

LeavenLaw charges a reasonable, flat fee to represent you in your debt collection lawsuit. The amount of our flat feet -- $695.00, $895.00 or $1,195.00 -- depends on (1) how much money you allegedly owe the creditor or debt collectors and (2) what court your are in: Small Claims, County Court or Circuit Court. LeavenLaw's fee changes based on potential complexities in your case and how hard we think the case will be.

Lawsuit Defense: Prevailing Party Fees

In most consumer law cases, Florida law typically provides that the prevailing party is entitled to attorneys fees and costs. Attorneys' fees, however, do need to be explicitly provided for, which usually happens either by contract or by statute. In debt collection lawsuits, most complaints will have a breach of contract claim or, at the very least, will be based upon a contractual theory.: account stated, open account or breach of contract. If we can prevail on the debt collection lawsuit filed against you -- usually based upon faulty if not fraudulent documents filed and used in support of the case against you -- we can also recover attorneys' fees and costs.

Seek Consumer Law Violations: Prevailing Party Fees

In addition to seeking to win the debt collection case filed against you, we will seek a potential consumer law case for unlawful debt collection or faulty credit reporting in the time period up to the filing the debt collection lawsuit against you. Under these unlawful debt collection statutes, namely the Florida Consumer Collection Practices Act (FCCPA), the Federal Fair Debt Collection Practices Act (FDCPA), and the Telephone Consumer Protection Act (TCPA), prevailing consumers can seek statutory damages or a penalties, as well as actual damages and attorneys' fees and costs.

Unlawful Debt Collection

FCCPA

The Florida Consumer Collection Practices Act is a debt collection statute that protects Florida consumer debtors from unlawful debt collection by any parties, both first-party creditors and third-party debt collectors. For any violations of the FCCPA, the prevailing consumer is entitled to up to $1,000.00 statutory damages or penalty, actual damages and attorneys' fees and costs.

FDCPA

The Federal Fair debt Collection Practices Act is a debt collection statute that protects all consumer debtors from unlawful debt collection by only third-party debt collectors; first party creditors (i.e., banks, credit card companies, etc.) are generally not governed by the FDCPA. For any violations of the FDCPA, the prevailing consumer is entitled to up to $1,000.00 statutory damages or penalty per action, actual damages and attorneys' fees and costs.

TCPA

The Telephone Consumer Protection Act is a federal privacy statute that prohibits, amongst many other things, the use of auto-dialers or a pre-recorded voice when calling a consumer's cellular telephone without prior express consent to do so. In the event that such calls are unlawfully placed, the TCPA provides for a statutory damage award of $500.00 per call. The TCPA is a strict liability statute which means that there is no real defense to liability in the event that it can be proven that the calls were made without such consent. In the event that the consumer and his or her attorney can show that the calls were willfully made, the court may award up to $1,500.00 per call.

Credit Reporting Errors

Erroneous Balance Reporting

Many times, creditors or debt collectors will report the wrong balance due. For example, they might report a discharged debt as having a balance. This is called "zombie debt" reporting or collection. Such conduct is likely a violation of federal and state debt collection and credit reporting laws. Alternatively, if you have settled a debt, the creditor or debt collector may not update their records. This too is an error that needs to be challenged.

Re-Aging of Trade Line

In the State of Florida, there is a five-year statute of limitations to collect on a debt that results for a breach of contract. That means credit cards, medical bills, mortgages -- all have a five-year statute of limitations. So, as long as you have not paid on the debt and have not acknowledged the debt in writing since you stopped paying, it cannot be collected in a Florida court of law. Creditors and debt collectors may still call and send letters, but if they sue you, they can be defeated by claiming it is beyond the statute of limitations. So, what do they do? They report the time-barred debt, hoping consumers will pay the debt voluntarily despite it not being able to be forced to be paid. If this happens to you, we may be able to help and seek compensation for you in the form of damage for creditor harassment or slander of your credit.

Impermissible Pull

Finally, if a creditor or debt collector pulls your credit report and they don't have permission or a valid reason to do so, you also may be entitled to damages for invasion of your privacy. If you see people pulling your credit, call us. We may be able to help and make the creditor or debt collector pay!

Contact Us

Phone:
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First Judicial Circuit of Florida

Counties: Escambia, Okaloosa, Santa Rose, and Walton

Second Judicial Circuit of Florida

Counties: Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla

Third Judicial Circuit of Florida

Counties: Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, and Taylor

Fourth Judicial Circuit of Florida

Counties: Clay, Duval, and Nassau

Fifth Judicial Circuit of Florida

Counties: Citrus, Hernando, Lake, Marion, and Sumter

Sixth Judicial Circuit of Florida

Counties: Pasco and Pinellas

Seventh Judicial Circuit of Florida

Counties: Flagler, Putnam, St. Johns, and Volusia

Eighth Judicial Circuit of Florida

Counties: Alachua, Baker, Bradford, Gilchrist, Levy, and Union

Ninth Judicial Circuit of Florida

Counties: Orange and Osceola

Tenth Judicial Circuit of Florida

Counties: Hardee, Highlands, and Polk

Eleventh Judicial Circuit of Florida

County: Dade

Twelfth Judicial Circuit of Florida

Counties: Desoto, Manatee, and Sarasota

Thirteenth Judicial Circuit of Florida

County: Hillsborough

Fourteenth Judicial Circuit of Florida

Counties: Bay, Calhoun, Gulf, Holmes, Jackson, and Washington

Fifteenth Judicial Circuit of Florida

County: Palm Beach

Sixteenth Judicial Circuit of Florida

County: Monroe

Seventeenth Judicial Circuit of Florida

County: Broward

Eighteenth Judicial Circuit of Florida

Counties: Brevard and Seminole

Nineteenth Judicial Circuit of Florida

Counties: Martin, St. Lucie, Indian River, and Okeechobee

Twentieth Judicial Circuit of Florida

Counties: Charlotte, Collier, Glades, Hendry, and Lee


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Main Office Address: Northeast Professional Center, 3900 First Street North, Suite #100, St. Petersburg, FL 33703
Tampa Address: Channelside District, 110 North 11th Street, Tampa, FL 33602
Clearwater Address: Executive Center, 25400 US 19 North, Suite # 193, Clearwater, FL 33763

1 (877) 958-8775