Sued by Apothaker & Associates?
Have you received a collection letter from Apothaker and Associates? or a telephone call? has a lawsuit been filed against you by Apothaker and Associates? Whether the lawsuit is filed at the local magistrate or the Court of Common Pleas, we can help. Please do not make a payment to them until you have had a consult with a reputable consumer law firm, whether its our firm or another.
Apothaker and Associates is one of the largest volume collection law firms operating in Pennsylvania who represent collection agencies and junk debt buyers. (They do also represent original creditors such as Discover Bank, so they are not always representing a debt buyer). As you may know, these collection agencies buy allegedly delinquent credit accounts and then try to collect on those accounts. These Junk Debt Buyers buy large blocks of allegedly defaulted credit card accounts for pennies on the dollar, sometimes for even less, for the sole purpose of attempting to collect whatever they can on those accounts from individuals just like you. They then hire law firms like Apothaker and Associates to file dozens of lawsuits in almost every county in Pennsylvania on a daily basis in hopes of collecting on old debt claims that have been charged off by the original creditor.
While we believe that the Attorneys at Apothaker and Associates are skilled, fair, honest and hard working, we have found that many of the lawsuits that they file are defective, simply because they have not been provided with sufficient documentation/evidence by their respective clients.
Our approach to defending lawsuits filed by Apothaker and Associates is twofold. First, we defend the case based upon a lack of legal sufficiency. In general, when a party files a lawsuit in Pennsylvania, there are several points of proof that need to be placed in the lawsuit. In other words, facts must be established that tend to prove that you had a credit account, that you defaulted on it and that Apothaker and Associates or whomever they are representing has the right to sue you and collect on the alleged debt.
In my experience, I have found that the lawsuits filed by Apothaker and Associates on credit card claims are usually legally insufficient, at least at the onset of the matter. We object to these lawsuits on insufficiency grounds with great success.
In the event that Apothaker and Associates is able to cure the legal insufficiency objections for their clients, (this occurs very rarely on a junk debt buyer case, again becuase their clients often don't have sufficient documenation, NOT because of the skill of the attorney) we then move on to defending the claim on its legal merits, i.e. whether you actually had the account, whether you actually defaulted on it, when the alleged default occurred, whether they have met the Statute of Limitations, et cetera.
We are very concerned with some collection tactics that are used by Apothaker and Associates and other collection law firms. If they make any illegal threats against you such as wage garnishment or jail time, or, if the contact your employer or tell you that you do not have to respond to a lawsuit, then they may have violated the FDCPA. If that occurs, we can bring a claim against them for unfair debt collection practices.
Our firm has a great deal of experience in defending credit card collection cases. We successfully defend approximately 15 collection agency cases each month against this law firm. If you have been sued in Pennsylvania by Apothaker and Associates or another collection firm, our firm can help you defend this claim at minimal cost, with a great chance at success. Contact our office here, or call me at 412-823-8003.