Posted on 25 January 2011
Our client was sued by Target National Bank in County Court here in Central Florida for an alleged credit card debt. As an experienced Florida credit card lawyer, I vigorously represented our client in defending this debt collection lawsuit. On behalf of my client, I asserted numerous affirmative defenses to Target’s lawsuit. I then challenged Target National Bank to produce the required documentation that the debt was valid and owed to them. After they failed to comply with their obligations under Florida law, including the Florida Rules of Civil Procedure, I filed the appropriate motions in the County Court.
Rather than produce the documents and information as required by the Court, Target National Bank instead dismissed their lawsuit without our client having to pay anything on the alleged debt. Target was represented by Zakheim & Associates out of Plantation, Florida, including attorneys Richard Battaglino, Sasha Haro, Kimberlee Otis and Arturo Arca.
If you are looking for help from a Florida debt lawyer or need help with a Florida debt collection lawsuit filed against you, we would be honored if you were to call us toll-free at 1-888-834-5297 for a free evaluation of your rights (and the debt collector’s responsibilities) in the lawsuit against you. Or, if it’s easier for you, please click here to contact us directly through the internet using a very brief form. Please don’t wait until a judgment has been entered against you, as you may lose important rights. Call us today!
Posted on 19 January 2011
One of the more frequent questions we get is whether you can be sued for the credit card debts of a family member who has passed away. Sometimes this question arises because a debt collector has contacted the husband or wife of a person who passed away and has insisted they are responsible for their loved one’s credit card bills.
In most cases, you are NOT responsible for the credit card debts of your relative who passed away unless you were on the account or were a co-signer for that account. This usually means that if you were responsible for that debt before they passed away, you may continue to be held responsible. However, if you were not on the account and were not a co-signer, you are not generally responsible for continuing to make any payments. In such a case, the debt collector cannot sue you because you did not enter into a contract for that credit card or its terms and conditions.
We have heard of numerous debt collectors telling consumers that they are responsible for their loved one’s credit card debts. In many cases, they are simply not telling the truth. In fact, by threatening legal action against you for your relative’s debts when you do not owe them, you may have a valid lawsuit against them for violating the Fair Debt Collection Practices Act.
If you are not responsible, then the only way the debt collector can recover its debt is to file a claim against the estate of your loved one who passed away. If no probate estate has been opened, they will usually need to hire an attorney to open up such an estate. They rarely do so, for three primary reasons. First, it costs them money to hire an attorney and to open up a probate estate. Second, there is no assurance that the probate estate even has any money in it to pay on the alleged debt; if not, they will have wasted their money. Third, there is no assurance they can win their lawsuit, particularly if the credit card lawsuit is defended by an experienced consumer protection attorney.
The bottom line is this: don’t let the debt collectors prey upon you at a time when you are emotionally and financially vulnerable. If you receive a phone call claiming you are responsible for the credit card debt of a loved one who passed away, contact a consumer justice attorney experienced in defending credit card lawsuits to determine your rights.
Posted on 18 January 2011
We had the privilege of representing a client in County Court who had been sued for an alleged credit card debt. The Plaintiff was FIA Card Services, who was represented by attorneys Richard Battaglino, Arturo Arca and Sasha Haro from Zakheim and Associates.
They sued our client for nearly $23,000 under two different theories (Open Account and Account Stated). We used our knowledge of Florida law and the applicable Rules of Civil Procedure to aggressively defend our client. We filed interrogatories asking important questions about numerous aspects of the case that were required to be answered by FIA Card Services under oath. We filed requests for production seeking documents we could use to defend the case. We also filed requests for admission in an attempt to force the debt collector to narrow the issues in the case.
After reviewing our firm’s aggressive tactics in defending credit card lawsuits, FIA Card Services, through its attorneys Zakheim & Associates, voluntary dismissed their case without any payment at all by our client.
If you have been sued in a credit card lawsuit or other debt collection lawsuit in Central Florida (including Volusia County, Seminole County, Lake County, Brevard County, Orange County or Flagler County), please feel free to review the information on this website about our experience in defending against such debt collection lawsuits. We would be honored if you would then contact us for a free consultation about how we can assist you.
Posted on 06 January 2011
The Rudnitsky Law Firm is pleased to announce that Taras Rudnitsky was recently honored by the Legal Advocacy Center of Central Florida (LACCF) for his contributions to protecting the rights of Florida consumers. The Certificate of Appreciation was presented to Taras on December 21, 2010 “in recognition of your time and dedication in pursuing justice for all by providing free legal assistance” to clients of the Legal Advocacy Center of Central Florida (LACCF). Taras’s primary contributions focused on representing consumers sued in credit card lawsuits and defending various other debt collection lawsuits, and in helping develop the consumer protection expertise of other attorneys of LACCF.
This continues Taras Rudnitsky’s contributions to the community. He is passionate about seeking justice for consumers, particularly those who have been victimized by corporations, banks, insurance companies and debt collectors. Taras’s contributions to his community have also previously been recognized by the Florida Supreme Court and the Seminole County Bar Association Legal Aid Society.