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Can I win against a Collection Agency?

Can I win against a Collection Agency?

Knowing what I know, it is surprising to me how many people think that collection agencies cannot be beat in a court of law. They assume that just because they may have defaulted on a credit account that they cannot win. This is simply not true, collection agencies are very beatable.

Collecting on bad debt is a huge business right now. Junk debt buyers and collection agencies file about 50 to 200 lawsuits every day in every county in Pennsylvania. That is a massive amount of lawsuits. Some counties have actually had to develop a special credit card court, or, have made special credit card rules.

In order to prevail on a claim against you, a collection agency has to have many pieces of documentation that it must submit as evidence in a credit card case. In my experience, I have found that they often do not have, and cannot obtain, those vital pieces of evidence.

When a credit card case gets to a collection agency, for the most part, it is a very limited claim. What I mean is that the collection agency often does not obtain the vital information that is necessary to prove the case against you. Remember, the collection agency likely bought your defaulted account from the original creditor or from another collection agency. They
typically end up buying only your name, address, phone number, account number, date of charge-off and balance due and owing. That simply is not enough information to prevail on a lawsuit in Pennsylvania.

Our office routinely files objections to collection agency lawsuits, often with great success. The biggest key to winning a collection agency lawsuit is to remain calm, consult a good consumer attorney, and let him/her do the work.

Some of the larger collection agencies that we have experience with are listed on the links to the right side of this page. Be sure to browse the list to find out more information about collection agencies. 

If you have a credit card company or a collection agency attempting to collect a debt from you, please contact my office at 412-823-8003 or send an email to Attorney Greg Artim