Apothaker Scian P.C. – Have they sued you?
Have you received a lawsuit from the law firm Apothaker Scian? Whether the lawsuit is filed at the local magistrate or the Court of Common Pleas, we can help. Please do not make a payment or even speak to them until you have had a consult our law firm. We always offer an initial consultation at no cost to you.
Apothaker Scian 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 debt buyers buy allegedly delinquent credit accounts for a fraction of the price and then try to collect 100% on those accounts. They then hire law firms like Apothaker Scian to file dozens of lawsuits in almost every county in Pennsylvania on a daily basis in hopes of collecting on these old debt claims that have been charged off by the original creditor. We’ve seen Apothaker represent many of these companies such as Cavalry, LVNV, Asset Acceptance and others.
While we believe that the Attorneys at Apothaker Scian 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. A collection attorney, no matter how good they might be, is limited by the information and evidence that his client gives them. In most instances the debt buyers do not give Apothaker sufficient evidence to properly prepare and present its case.
Our approach to defending lawsuits filed by Apothaker Scian is twofold. First, we defend the case based upon a lack of legal sufficiency. 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, that it is of a certain amount and that Apothaker Scian 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 Scian 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 tremendous success. Again, this is not an indictment of the great lawyers at Apothaker Scian, its simply a reflection of the lack of documentary evidence that is provided to them by many of their clients.
In the event that Apothaker is able to cure the legal insufficiency objections for their clients, (this occurs very rarely on a junk debt buyer case, again because their clients often don’t have sufficient documentation, 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, whether they can prove the amount of damages, et cetera. In many of these debt buyer cases we can have the claim against you dismissed without you having to pay the collection agency anything. That is always our goal on these types of cases, that you pay ZERO to the collector. That is the only result that we consider a “win” on a junk debt case. While that is our goal, it must be noted that no attorney or law firm has a 100% success rate so there can be no absolute guarantee of winning any particular case.
We are very concerned with some collection tactics that are used by some collection law firms. If they make any illegal threats against you such as wage garnishment or jail time, or, if they contact your employer or tell you that you do not have to respond to a lawsuit or show up at a hearing then they may have violated the FDCPA. If that occurs we can bring a claim against them for unfair debt collection practices. The offending collection firm would have to pay our legal fees that are incurred for pursuing the claim against them.
Our firm has a great deal of experience in defending credit card collection cases against Apothaker Scian. We successfully defend approximately 10 collection agency cases each month that are filed by this law firm. If you have been sued in Pennsylvania by Apothaker Scian 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.