Debt Collection Defense is the focus of our legal practice. We handle between 25 35 defense cases per month. Most of these defense cases involve credit card lawsuits, but we also handle mortgage foreclosure defense, student loan defense and defense of any collection type claim.
There are two types of credit card lawsuits. The first type is where the original creditor files a lawsuit against you to collect a debt. The second type is where the original creditor sells the debt to a third party (known as a junk debt buyer) and then the third party files a lawsuit against you.
In practice, the defense of the original creditor lawsuit is a good bit more difficult than the defense of the junk debt buyer lawsuit. The main reason behind this difference is documentation. All credit card collection cases are based upon documentation. You have a contract, terms and conditions, monthly statements, account statements, so on and so forth. An original creditor is more likely to have access to these documents than a junk debt buyer would.
Documents alone are not enough to win a credit card lawsuit, but, they are a large part of the proof of the case. We know which documents are needed, the likelihood of whether a company can come up with them, the issues to check for when they do have documentation, the things to look for to show whether the documents are authentic or fake and whether or not these documents are admissible in a court of law.
We are well versed in the rights of debtors, ( you are a debtor if you owe money to someone) and in many areas of consumer law, based in part in our knowledge of the law and our experience in dealing with thousands of these types of cases. If you have a collection agency attempting to collect a debt from you, please contact our office at 412-348-8600 or send an email to Attorney Greg Artim