Hayt, Hayt & Landau UNFAIR DEBT COLLECTION PRACTICES, NOT A LAW FIRM, DEBT COLLECTORS Miami Florida

I work for a debt buyer and specialize specifically in Florida litigation.  I work with this law firm on a daily basis.  The consumer who posted this report does not understand debt law or how it works; most people are not familiar with it and it causes a lot of problems for that consumer once their accounts go into collections.  Law firms regularly specialize in debt and debt collection.  It is part of debt collection law to state clearly at every interaction with a consumer that the person calling is calling in relation to a collection of debt.  Hayt represents various banks and debt buyers, and will also run collection services for them.  This is common practice.  It is also common practice to employee appearance attorneys to show up and litigate on behalf of a law firm.  These attorneys are not part of the original law firm.  They're like rent-a-lawyers who show up for hearings where the handling attorney is too far or too booked to show up.  I don't think I've ever had a handling attorney from a Florida law firm show up for a mediation.  All of this is 100% legal according to state and federal law.  During the mediation, they should have signed a stipulated judgment that outlined the payment plan and when it was to start - in the writing.  If that doesn't happen, how they decide to collect on the judgment is completely at the discretion of the law firm and the company they represent.  They are 100% entitled to garnish you after you've signed an open-ended judgment.  At the very least, calling whoever owns your debt after you've signed an open ended judgment is the best way to get a payment plan on the books and avoid garnishment.  Mediations are the softest form of litigation and nothing said during the mediation holds any weight if this went to trial.  The only thing that mattered coming out of that, was any signed document. 

The consumer should have reached out for legal counseling before she ever went to that mediation.  No one at the mediation had to tell her anything past explaining how a mediation works.  Many times over, the advice that was given could have worked, but every lender is different.  How this happened is a direct result of who owned their debt.  Many financial institutions have incredibly strict guidelines for debt collection and don't waiver.  The terms and conditions of any debt you sign up for is the most important document.  It tells you flat out the kind of fees and charges you're likely to receive if you miss payments/stop paying.  The idea that banks/lenders will work with you if something happens to where you can't pay, is almost always garbage; those in the military have the best chance of getting help.  The FCLA and FDCPA are the laws that govern the debt law in this country.  They're not difficult and the websites for both, break them down to where someone with no legal background would be able to understand.

There is no office for this law firm in Pennsylvania.  That is a completely different law firm.  This firm only has offices in Florida and Georgia.

The only violation is calling her work number after the cease and desist; even then, it depends on how the letter was written.  In her letter to cease and desist, it should have included a number where should be reached, should have followed the outline given on any debt law website, and should have been sent certified mail so she could prove that the law firm and lender received it.  At that point, it would be better used in court.  I am not an attorney, but I've worked in the law field long enough to know that you should always send certified mail to protect yourself.

Watch out for Florida defense attorneys.  Some will settle out a debt for you and move on, but most are 100% in it for the attorney fees.  There could be a case you just want to go away, the other side would agree to a mutual dismissal, but your defense attorney may never tell you this or they'll try to talk you out of it - and then drag this out forever to increase their fees.  Florida is one of the most profitable statements to make money off of fees.  Her $700 case could have easily turned into $7,000 in fees for her attorney - none of that money would have gone to her.

The phone number is the original complaint has been disconnected.