Wright Shagley & Lowery, P.C. Violating the Law? - If So, Enforce your Rights!

Jeffrey Scott Hyslip

Written by  Pro

Debt Collection Attorney

Contributor Level 13

Posted over 1 year ago. 3 helpful votes

Email

1

Did Wright Shagley & Lowery send you a letter demanding a Dispute of the debt had to be in writing?

In a letter that I viewed, Wright Shagley & Lowery demanded that if the consumers wanted to dispute the debt they had to provide written notice to Wright Shagley & Lowery. Unfortunately, under the FDCPA, a consumer does NOT have to dispute a debt in writing. As such, the demand that the consumers provide the dispute IN WRITING was/is a violation of the FDCPA. If Wright Shagley & Lowery is attempting to collect a debt from you, make sure the first letter that they sent you doesn't require for you to dispute the debt in writing. If so, contact a consumer attorney and SUE THEM! Its possible that they added the word "in writing" to make it seem more difficult for a consumer to dispute a debt. Under the FDCPA, although you have more rights if you dispute a debt in writing, a debt may be disputed any way a consumer wants to.

2

Did Wright Shagley & Lowery send you a letter that was confusing or unclear?

Under the FDPCA, particularly, under 15 USC 1692e, Wright Shagley & Lowery is prohibited from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. In a letter I viewed that was drafted by an attorney at Wright Shagley & Lowery, the lawyer was very confusing and used odd words that ended up creating several misrepresentations. For example, the attorney stated that the debt was "assigned" to the law firm. "Assigned" in the accounts receivable market usually means Sold or otherwise legally transferred. Furthermore, the letter demanded payment for the debt but then stated that the debt "Was Owed" to its client. Later in the letter, Wright Shagley & Lowery demanded payment on the debt. This teeter-tottering is why the FDCPA requires debt collectors use clear language when writing letters. IF Wright Shagley & Lowery sent you a letter that was unclear or that made misrepresentations, contact a consumer lawyer in your area!

3

Did Wright Shagley & Lowery send you a letter that failed to disclose they were a Debt Collector?

In a letter that I viewed, Wright Shagley & Lowery demanded payment on a consumer debt and during that communication to collect a debt, didn't provide the necessary disclosures as provided by the Fair Debt Collection Practices Act. Under the Fair Debt Collection Practices Act, debt collectors like Wright Shagley and Lowery are required to disclose in every communication with a consumer that the communication is coming from a debt collector. If Wright Shagley & Lowery sent you a letter or spoke with you on the telephone and didn't say "I am a debt collector" in every communication to you, Contact a consumer lawyer in your area to determine if you have a case against Wright Shagley & Lowery.

4

Did Wright Shagley & Lowery attempt to collect a debt you didn't Owe?

My law firm represented a client where Wright Shagley & Lowery was apparently attempting to collect more than what was legally owed. This is a violation of the Fair Debt Collection Practices Act, if true. If Wright Shagley & Lowery is attempting to collect more from you than you believe that you owe, reach out to a consumer lawyer in your area to determine if you have a FDCPA case against Wright Shagley and Lowery.

Additional Resources

Wright Shagley & Lowery's Website

Debt Collectors Hate Us!

Find a Consumer Lawyer Here!

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,879 answers this week

3,129 attorneys answering