Archive | September, 2010

Florida Credit Card Lawsuit – Hudson Keyse

Our client was sued for an alleged credit card debt in Small Claims Court.  The Plaintiff was Hudson & Keyse, LLC (a debt buyer and debt collector) who claimed to have been assigned the debt by Washington Mutual Bank.  The debt collector was represented by Ryan Gesten, of Ryan D. Gesten, P.A. in Davie, Florida.

After conducting discovery, we were able to document that the debt collector had not complied with applicable Florida law.  We filed a motion to dismiss for Hudson & Keyse’s failure to comply with several provisions of Florida law.  Shortly afterward, the debt collector agreed to permanently dismiss its lawsuit against our client.

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Garnishment of Bank Funds

We were retained to represent a client who  came to us trying to stop a garnishment of their bank account by Capital One, represented by Hayt, Hayt and Landau.  Those debt collection lawyers claimed they were entitled to the garnished money from our client’s bank account because they had signed a Stipulation for Entry of Final Judgment Execution Withheld.

Working with our client, we were able to establish that the money in the bank account was exempt from garnishment, and therefore could not be seized.  We were also able to establish the signed Stipulation did not cover these funds.  Based on the results of our investigation and legal analysis, Capital One agreed to voluntarily dismiss their garnishment.

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LVNV Funding Debt Collection Lawsuit Dismissal

Our client was sued by LVNV Funding, LLC on an alleged credit card debt here in Central Florida.  LVNV Funding, who is a debt buyer and debt collector well-known here in Central Florida, was represented by the law firm of Pollack & Rosen, P.A. out of Coral Gables, Florida.

Using our knowledge of Florida’s court rules and procedures, we were able to get LVNV Funding to take a position that allowed us to file a motion to win the case on summary judgment, even before trial.  As a result, LVNV Funding dismissed their lawsuit against our client.

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