Archive | Cases

Dismissal of Credit Card Lawsuit Filed by Portfolio Recovery Associates

Our client retained us when she was served with a Summons and Complaint for a credit card debt collection lawsuit on behalf of Portfolio Recovery Associates, LLC.  Attorneys Jason Dragutsky, Robert Orovitz and Dana Sterna from Hayt, Hayt & Landau, P.L. in Miami represented Portfolio Recovery Associates, LLC.  Their legal claims included counts for Money Lent and Unjust Enrichment.

We successfully represented our client, and were able to get the lawsuit dismissed without any payment by our client on the alleged credit card debt.  Helping Florida Consumers is what our firm is about.  Please don’t hesitate to call us on our toll-free number (1-888-834-5297) or just click here to go to our “Contact Us” page to submit your information.

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Zakheim and LaVrar Debt Collection Lawsuit Dismissed

Zakheim and Associates, P.A., now known as Zakheim and LaVrar, P.A., sued our client on behalf of Discover Bank in a credit card debt collection lawsuit. The Zakheim attorneys assigned to this case, Kimberlee J. Otis and Michele L. Nihiser from Plantation, Florida, sued our client under the legal theories of Open Account and Account Stated.  NCO Financial Systems had also been involved in this credit card account. After we applied our knowledge of the applicable court rules, statutes and cases, including those applying to Open Account and Account Stated claims, the lawsuit against our client was dismissed.

As a Central Florida Consumer Protection law firm, our mission is Helping Florida Consumers.  We would be honored to put our experience to work for you.

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Mainstreet Acquisition Corporation Debt Collection Lawsuit Dismissed

Our client was sued in a debt collection lawsuit by Mainstreet Acquisition Corporation under a Complaint for Equitable Relief under Promissory Estoppel, Equitable Estoppel (Estoppel in Pais), Indebitatus Assumpsit and Unjust Enrichment. Attorney Andrew D. Fleisher from the Law Offices of Erskine and Fleisher represented Mainstreet Acquisition Corporation.

After applying our knowledge of state and federal cases, statutes and court rules, we were able to have the debt collection lawsuit dismissed for our client. While words like Promissory Estoppel or Indebitatus Assumpsit may seem confusing, these are terms our law firm is familiar with and ready to defend. We are here for the people who need assistance in defending their credit card lawsuit.

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Appeals Court Upholds Consumer Victory Against Arrow Financial and Hayt, Hayt and Landau

Our client was sued by Arrow Financial Services, LLC as an assignee of Washington Mutual Bank. Arrow Financial was represented by the law firm of Hayt, Hayt & Landau in Miami, FL, including their attorneys Robert J. Orivitz and Dana Kalman (Dana Stern). They sued our client for Breach of Contract and for Money Lent. Our client initially tried to represent himself, but later retained us to handle the case for them when the debt collector would not give up. After we were retained, we applied our legal knowledge and experience, and the case was dismissed.

The Court also imposed sanctions against both Arrow Financial Services and Hayt, Hayt and Landau, who then appealed those sanctions. After extensive briefing, the appellate court upheld the sanctions against the debt collectors.  We are very proud that we were able to win the case for our client and provide him and his family with the justice they deserved.

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Debt Collection Lawsuit: Precision Recovery Analytics Lawsuit Dismissed

The Law Office of Andreu, Palma and Andreu, PL from Miami, FL (attorneys Jorge Palma and Diamelyn Cepero) filed a debt collection lawsuit against our clients on behalf of debt collector Precision Recovery Analytics, Inc.  They sued our client for breach of contract, unjust enrichment and account stated.  After many motions and lengthy discovery, the debt collector’s lawsuit was dismissed and our client did not have to pay anything at all on the alleged debt.

While each case is different, one thing is the same.  We will defend your case 100%.  We are not a debt “negotiation” law office, we completely fight for our clients.  Know your rights and know that your case will be handled by an experienced consumer protection attorney from beginning to end.  Contact us for a free consultation.  We will be happy to defend you in a credit card lawsuit filed in Seminole, Volusia, Orange, Brevard, Flagler or Lake County.

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Chase Bank Credit Card Lawsuit Dismissed

We were retained after our client was sued by JP Morgan Chase’s Legal Department attorneys Philip A. Orsi, Lisa Dolin Eiss, Anthony J. Maniscalco, Buffy D. Thomas and Danielle E. Bishop.  We filed the necessary documents during the case, including discovery (interrogatories, requests for production and requests for admission) and motions.  After our aggressive representations, Chase’s lawsuit was dismissed without our client paying them anything.  If you need representation against a debt collector, call us.  We are here for the people who need legal assistance, anytime.  If you were sued in Brevard, Flagler, Lake, Seminole, Orange or Volusia counties, contact us at 1-888-834-5297 or through our easy web contact form.

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Debt Collection Trial Against CACH, LLC and Law Offices of Harold Scherr

Attorneys Harold E. Scherr and Alex McClure from the Law Offices of Harold E. Scherr, P.A. in Lake Mary, Florida represented CACH, LLC in a lawsuit filed against our client.  The debt collection lawyers for CACH (owned by Square 2 Financial) sued our client under Breach of Contract, Account Stated, Unjust Enrichment and Open Account.  After serving Interrogatories, Requests for Admission and Requests for Production and filing various Motions, a trial date was set.  At trial, Harold Scherr’s offices brought in debt collection attorney Karla Ayer.  During trial, we made numerous objections to the testimony of CACH’s witness and its documents, as well as documents from the original creditor, Bank of America.  We also submitted extensive briefs / memoranda of law pointing out why our client was clearly entitled to win.  We won at trial and a Final Judgment was entered in favor of our client: CACH and the Law Offices of Harold Scherr did not recover a penny from our client.

If you are being sued, contact us any time, day or night.  Let our experience work for you.  We devote 100% to our clients and have experience in all aspects of defending credit card lawsuits, including pleadings, pretrial conferences, mediations, discovery, motions to dismiss, motions for summary judgment / motions for summary disposition, numerous other motions, trial and appeals.  We also represent consumers throughout Central Florida (including Orlando / Orange County, Seminole County, Volusia County, Brevard County, Lake County and Flagler County) in auto deficiency actions, debt collection lawsuits, auto repossessions, home improvement scams, auto defects / auto fraud, identity theft, and other consumer protection matters.  And remember, there is never a charge for the initial consultation, so don’t delay and don’t lose valuable rights: contact us today through this website or by calling us toll-free at 1-888-834-5297.

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Credit Card Lawsuit: Beating Citibank and Law Office of Patrick A Carey

Our client was sued by Citibank (South Dakota), N.A.  Attorneys Patrick A. Carey, and Robert J. Rivera from the law firm of Patrick A. Carey, P.A. in Orlando represented Citibank.  Citibank and its lawyers sued our client under three different counts: Account Stated, Money Lent and Open Account.  After requiring Citibank to respond to our discovery and a targeted motion, we won the case for our client.

If you were sued by the law firm of Patrick A. Carey, P.A. in Orange County, Flagler County, Seminole County, Lake County, Volusia County or Brevard County, call us for a free consultation.  Remember when you receive a Summons and Complaint for a credit card debt, you have important rights, but you have to respond within the allotted time or you can lose your case.  There is a lot of information on the internet for the people who want to investigate what their lawsuit might mean, their legal rights or to learn more about the law firm suing them.   However, it is best to get the answers to your questions from an experienced attorney.  Call us or email us anytime for a free consultation – we will make ourselves available.

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Auto Deficiency Action: Successful Defense Results in Dismissal

Our client was sued in County Court here in Central Florida for an auto deficiency judgment following a repossession.  The Plaintiff, Cavalry Portfolio Services LLC, was a debt buyer who claimed to have bought the Retail Installment Sales Contract and debt from GMAC.  They were represented by the Florida debt collection law firm of Law Offices of Andreu, Palma & Andreu, PL, including their debt collection lawyers Jorge Palma and Diamelyn Cepero.

We agressively fought this auto deficiency lawsuit in court using our knowledge of Florida law and Florida court rules.  As a result, Cavalry Portfolio Services dismissed their lawsuit.  Our client did not have to pay anything.

While each case is different, one thing stays the same: the debt buyer’s law firm will be experienced in debt collection.  You need an experienced Central Florida consumer protection attorney to represent you when you are sued, because your money, your property, your credit score and your reputation are all at stake.  As a Florida debt collection defense law firm, we have won other auto deficiency lawsuits and would be honored to defend your lawsuit against these debt collectors and their lawyers.  We are conveniently located in Lake Mary (Seminole County), Florida and accept such cases throughout Central Florida, including Seminole County, Orange County, Volusia County, Brevard County, Lake County and Flagler County.  Please don’t hesitate to contact us by clicking here or call us today for a free consulation.

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Florida Credit Card Lawsuit: Defending Against Equable Ascent Financial

We recently had the privilege of representing a client in Central Florida who had been sued by Equable Ascent Financial, LLC, who is a debt buyer that buys such debt for pennies on the dollar.  The chain of ownership was particularly convoluted, as Equable Ascent Financial claimed to have received the account by assignment from Chase Bank USA, N.A., who in turn inherited the account from WaMu (Washington Mutual Bank).   The attorney representing Equable Ascent Financial was Andrew Fleisher from the firm Erskine and Fleisher.

As in many other cases, we were able to obtain a favorable result for our client.  Even though Equable Ascent Financial had sued our client, our knowledge of Florida statutes, case law and rules of legal procedure, as well as our well-honed legal strategies for defending credit card lawsuits resulted in getting this case against our client dismissed without our client paying the debt collector a penny.

Put our experience as a Florida consumer protection law firm to work for you.  Receiving a Summons and Complaint can be a scary experience, but you don’t have to go through this process by yourself.  Let us defend your credit card lawsuit.  We believe in Helping Florida Consumers.

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Dismissal of Asset Acceptance Debt Collection Lawsuit

We were retained to defend a credit card collection lawsuit filed in Central Florida by Asset Acceptance and its attorneys Howard Butler, Amanda Duffy, Rodolfo Miro and Anthony Steele.  After vigorously representing our client against these experienced debt collectors, the case was dismissed without any cost to our client.

Let us file the appropriate motions and legal paperwork.  Haven’t you already been through enough?  We will keep you informed every step of the way.  If you are looking for an experienced lawyer to defend you in a credit card lawsuit filed in Seminole, Volusia, Orange, Brevard, Flagler or Lake County, please call us – we are here to help.  We would be honored if you selected our firm to represent you.  Call us toll-free at 1-888-834-5297 or click here to submit a question through our website.

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Debt Collection Lawsuit: Success Against Capital One

Our client was sued in County Court by Capital One, represented by the law firm of Zakheim and Associates (now Zakheim and LaVrar) in Plantation, Florida which included attorneys Arturo Arca, Daniella Diaz and Kimberlee Otis.  We applied our knowledge and experience in defending credit card lawsuits and were able to have our client’s case dismissed without our client having to pay anything at all on the alleged debt.

If you are being sued, contact us for a free consultation.  Let us protect your legal rights.  Click here to contact us directly through the internet using a very brief form or call us at 407-323-4949.

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Debt Collection Lawsuit: Victory Over Wells Fargo Bank

Our client had been sued by Wells Fargo Bank, N.A. in County Court  here in Central Florida to recover on two separate claims from a Cash on Demand Account and a Credit Card Account.  The lawyer for Wells Fargo Bank (formerly known as Wells Fargo Financial Bank) was Enrico Gonzalez from the Temple Terrace, Florida debt collection law firm of Enrico Gonzalez, P.A.

Our client had initially filed a response to the lawsuit herself.  Once we were retained, however, we filed an amended response and asserted several additional defenses that had not previously been filed.  The amendment also allowed us the right to a jury trial, an important right in many credit card cases.

At the same time, we aggressively pursued discovery in this case, and requested the production of numerous documents to which we were entitled.  Wells Fargo was put on a strict deadline to comply with our requests.  Shortly after that, we were able to negotiate an outstasnding settlement for our client, which included the permanent dismissal of the Wells Fargo lawsuit without our client paying them anything at all, as well as removal of the accounts from her credit reports.

If you have been sued by Wells Fargo Bank, or any other debt collector, we may be able to help you even if you have already tried fighting them on your own.  Simply call us toll-free at 1-888-834-5297 or email us through our convenient web contact form to find out about how we can assist you in enforcing your rights.

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Florida Debt Collection Lawsuit Defense: Defeating Cavalry Portfolio Services

We recently defeated another Florida debt collection lawsuit.  The lawsuit was filed by debt collection lawyer Adam Jeffrey Katz of the law firm Adam Jeffrey Katz, P.A. from Coral Springs, Florida.  The lawsuit was filed on behalf of Cavalry Portfolio Services, LLC who claimed to have been assigned the debt from Cavalry SPV I, LLC, who in turn claimed to have bought the debt from MBNA.

After we were retained, we applied our knowledge of Florida court rules and aggressively pursued discovery, including interrogatories, requests for production, requests for admission and a deposition.  Based on that discovery, we filed a Motion for Summary Judgment seeking to have the case dismissed before trial.  The judge ruled in our client’s favor: this meant that our client had won, and did not have to pay the debt collector any money at all.

If you would like to put our knowledge to work for you in defending a debt collection lawsuit, please feel free to contact us.  We would be honored to provide you with a free consultation to explain your rights and responsibilities.  Please don’t wait until it’s too late.

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Beating Mainstreet Acquisition Debt Collection Lawsuits

We recently had the privilege of being retained by consumers in a pair of debt collection lawsuits filed by Mainstreet Acquisition Corporation.  We have noticed a trend of Mainstreet Acquisition filing debt collection lawsuits in Central Florida in the past few months.  They have been active in purchasing debts originally owed to HSBC Bank Nevada, NA.  Their lawsuits have been filed in the Florida County Courts throughout Central Florida.  Often, they are represented by the Law Offices of Erskine and Fleisher out of Fort Lauderdale, Florida.

On the surface, their lawsuits appear intimidating.  They often include an official-looking alleged Bill of Sale.  Sometimes they include a purported “Plaintiff’s Affidavit in Support of Claim”.  In some cases, the Complaint or Statement of Claim is prepared in such a way that is very difficult for consumers to understand, including the use of Latin legal phrases.

Despite their appearance, however, our investigation revealed that the debt collection lawsuits filed by Mainstreet Acquisition failed to comply with Florida law.  Using our knowledge of Florida statutes and Court Rules, we were able to get both lawsuits dismissed, without our clients having to pay a penny to Mainstreet Acquisitions.

If you have been sued by Mainstreet Acquisitions Corp. in Central Florida, we would be honored if you would choose us to assist you in defending against this debt collector.  Even if you have a judgment already entered against you by this company, we may still be able to assist you.  There’s never a charge for our initial consultation, so please feel free to call us on our toll-free number, 1-888-834-5297, or contact us through this website by clicking here.  We look forward to hearing from you.

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Making a Debt Collector Pay for Wrongful Garnishment

We recently had the privilege of representing a client who was subjected to improper debt collection tactics employed by a Florida debt collection lawyer.  That lawyer prepared a writ of garnishment that failed to comply with Florida laws for wage garnishment.  Generally, that law provides that the employee’s paycheck funds seized from an employer under a writ of garnishment be kept by the employer until the Court decides who is entitled to those funds: the consumer or the debt collector.  Even after the Court dissolved the writ of garnishment, the debt collection attorney failed to return the wrongfully seized money.

Based on these facts, we sued the Florida debt collection law firm for its violations of the Fair Debt Collection Practices Act.  We were able to quickly obtain justice for our client, including the return of the improperly seized garnishment funds, payment to her of statutory damages of $1,000.00 under the FDCPA, and reimbursement of the additional expenses she was forced to incur when her money was wrongfully seized; all of this was done at no charge to our client.

You too have rights under the Fair Debt Collection Practices Act if your rights have been violated by a debt collector or debt collection attorney, even if a judgment has been entered against you.  If this has happened to you, please feel free to contact us; there is no charge for our review.  Moreover, we do not charge our clients for either our attorney fees or our costs in a case involving the Fair Debt Collection Practices Act (FDCPA); instead, we seek recovery of those from the debt collector who violated the law.  We understand that the wrongful seizure of your money can have immediate consequences and create a “ripple effect” on your finances.  So don’t delay, contact us today to enforce your rights.

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Credit Card Lawsuit Victory in Central Florida

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!

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Credit Card Lawsuit Win Against Zakheim & Associates

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.

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Auto Deficiency Lawsuit Victory!

Our client retained us when he was served with a writ of garnishment that tried to seize his wages.  Unknown to him, there had been a judgment entered against him about 17 years ago in County Court.  Our research revealed that the judgment stemmed from an automobile deficiency lawsuit following a repo.  However, we discovered that the law firm for the auto finance company had not followed the proper procedures for serving the lawsuit on our client.  Because of this failure, he had never been made aware of the lawsuit, and a judgment had been entered against him by default without his knowledge.  Using Taras Rudnitsky’s experience as a Florida consumer protection attorney, we were able to get the judgment vacated (set aside as no longer legally valid) due to the plaintiff’s failure to follow the proper procedures.

The deficiency judgment had apparently been sold by the auto finance company to Cavalry, who hired the firm of Wagner & Hunt to collect on the judgment.  Attorney Joanna Evans from Wagner & Hunt represented the plaintiff in this lawsuit.

Once we were able to get the judgment was set aside, we moved forward with vigorously defending the underlying deficiency judgment.  Based on a review of the auto finance paperwork and our knowledge of the automotive industry, we were confident we would prevail on several of our affirmative defenses.  These defenses applied even though the lawsuit was initially filed 17 years ago.  As a result of our hard work, the lawsuit was permanently dismissed without our client having to pay anything.

If you have been sued in an auto deficiency lawsuit, or if you have had a judgment entered against you without even being notified of the lawsuit, we can help.  We would be honored if you selected us for a free, no-obligation consultation about your rights as a consumer.  Just call us toll-free (1-888-834-5297), write to us, fax us, or contact us by email to ensure you do not lose your rights.

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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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County Court Credit Card Debt Defense

We recently were honored that a Central Florida resident asked us to assist her in defending a credit card lawsuit.  The debt collection lawsuit was filed on behalf of Capital One Bank by its lawyers, Rubin & Debski, P.A., from Jacksonville.  The lawyers from Rubin and Debski that represented Capital One were Arthur Rubin, Kelly Karstaedt and Nicole Raines.

After investigation, we determined that the lawsuit was filed beyond the applicable statute of limitations.  We filed the necessary motion in court, and properly asserted this defense, as well as other defenses.  Using our experience in defending credit card debt collection cases, we were able to get this lawsuit dismissed.

If this has happened to you, please feel free to call us toll-free at 1-888-834-5297 for a free consultation.  If it’s more convenient, though, please don’t hesitate to email us or just click here to go to our “Contact Us” page to submit your information.  We’re here to help consumers.

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Repo Debt Collection Lawsuit

Portfolio Recovery Associates, LLC recently sued our client on behalf of HSBC Private Label Acquisition Corp./Suzuki, claiming that our client had defaulted on paying for a Suzuki motorcycle.  Suzuki had repossessed the motorcycle, which resulted in our client being sued for a deficiency judgment.

Using our experience in defending debt collection lawsuits, we were able to identify several areas where they failed to comply with Florida law.  We also defended on the basis that Portfolio Recovery Associates had violated Florida’s rules relating to civil procedure.  Based on our lawsuit defense, Portfolio Recovery Associates agreed to completely drop their lawsuit.

If you receive a summons for a lawsuit, let us help you.  All too often we get a call after the lawsuit is over.  By then, they have signed a stipulation or settlement agreement without understanding what it meant, and thinking they received a good deal on it.  Later, they learn there is a judgment against them, which affects their credit rating and the interest rates they receive on future loans.  Sometimes, they don’t find out the effect until their wages are withheld or the money in their bank account is taken away.  Don’t let this happen to you - know your rights before you sign.

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Setting Aside a Final Judgment

We recently had the privilege of representing a client who had just discovered that there had been a Default Final Judgment entered against her last year as a result of a small claims lawsuit in a County Court here in Central Florida. She was completely unaware of the judgment, and had not defended the lawsuit. In fact, the plaintiff, Financial Independence Srvcs. Corp., represented by Jorge Palma from the Law Offices of Andreu, Palma & Andreu, P.L., had seized money from our client based on that Default Final Judgment.

Another lawyer had told our client there was nothing that could be done. However, we accepted her case as part of our law practice defending consumers sued in credit card debt collection cases. We promptly filed the appropriate motion and supporting documents with the Court. Soon afterward, we reached a settlement that included having the Default Final Judgment set aside as no longer binding, refunding most of our client’s money, and dismissing the initial debt collection action.

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Debt Collection FDCPA Lawsuit Brings Justice

In this case, we represented a client from Central Florida who had been wrongly sued in New York by a debt collector, Palisades Collection, LLC, and their lawyers, Pressler & Pressler LLP. The New York lawsuit claimed that our client had been personally served with the lawsuit at a home in New York; the problem (for them) was that our client did not live in New York, and the debt was not his. It was a lawsuit based on mistaken identity or identity theft. When our client advised them of the mistaken identity, they refused to do the right thing and fix it. Instead, a Pressler and Pressler lawyer wrote back, saying they had already taken money out of his bank account and would continue trying to obtain money using the wrongful New York Judgment. Not only was that morally wrong, it was also a violation of both Florida law and federal law.

We filed a lawsuit in federal court in Orlando, Florida under the Fair Debt Collection Practices Act (FDCPA) and for malicious prosecution. We were able to obtain a very favorable and quick settlement for our client, including full restitution for the client and compensation for the violations of Florida law and the FDCPA by Pressler & Pressler and Palisades Collection LLC.

If you are being sued for a debt that you do not owe, or if you are the victim of abusive or harrassing debt collectors or debt collection lawyers, we would be honored to seek justice on your behalf.  As a credit card debt defense lawyer and FDCPA lawyer, I am here to help consumers harrassed or sued by debt collectors and debt collection lawyers in Seminole County, Volusia County, Orange County, Brevard County and Lake County. Please feel free to call us on our toll-free number (1-888-834-5297), or contact us by email to see how we can help you.  Both the phone call and the initial consultation are free.

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Florida Credit Card Lawsuit – Hayt, Hayt & Landau Case

In another recent case against Capital One, we were able to successfully help our client from Central Florida. Capital One was represented by Hayt, Hayt and Landau collection lawyers Robert J. Orovitz, Dana Kalman and Jason Dragutsky out of their Miami office. They had sued our client in County Court on an alleged credit card debt. During the lawsuit, Capital One refused to provide important information we had requested using our knowledge of Florida rules of procedure for civil cases and small claims cases. Based on their responses and the Florida burden of proof for credit card lawsuits, we filed a motion with the Court to have their case thrown out. The Judge agreed with our position and dismissed Capital One’s credit card debt collection case against our client.

Click here for a summary of another Capital One case filed by collection lawyers from Hayt, Hayt and Landau that we were able to get dismissed.

We would be honored if you would put our experience with credit card debt lawsuit defenses to work for you. As a credit card lawyer and debt defense lawyer, I am here to help consumers sued in credit card debt lawsuits in Seminole County, Volusia County, Orange County, Brevard County and Lake County. I never charge for an initial consultation. Please feel free to call us on our toll-free number (1-888-834-5297), or contact us by email to see how we can help you.

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Hayt, Hayt and Landau Debt Collection Lawsuit

In a recent case, we were honored to represent a client who was sued by the law firm of Hayt, Hayt & Landau, PL (formerly Robert J. Orovitz, PA) in County Court here in Central Florida. In the case, collection lawyers Robert J. Orovitz, Dana M. Kalman and Christian D. Walled, from Hayt, Hayt & Landau in Miami, Florida represented Capital One Bank (USA) N.A. During our defense, we informed the Hayt, Hayt and Landau lawyers that our client did not owe the debt alleged in their complaint. However, they would not listen, and instead continued with their credit card lawsuit on behalf of Cap One. During the case, we obtained important documents and argued several motions at the Court: the end result was that our client won her case against Capital One and Hayt, Hayt and Landau!

We would be honored if you would put our experience with credit card debt lawsuit defenses to work for you. As a Florida credit card lawyer and debt defense lawyer, I am here to help consumers sued in credit card debt lawsuits in Seminole County, Volusia County, Orange County, Brevard County and Lake County. I never charge for an initial consultation. Please feel free to call us on our toll-free number (1-888-834-5297), or contact us by email to see how we can help you.

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Bait and Switch Car Financing – Florida Lemon Law Attorneys

Our client bought a new car from Mercedes Benz of South Orlando.  They told him that the car was his, they applied on his behalf for the car’s tag and registration, and he insured the car as required by Florida law.  However, a few days later, they tried to tell him that the deal had fallen through; they also told him they could get the deal approved if he came back in and signed a new contract at a higher interest rate.  This bait and switch practice is also known by other names:  “yo-yo” deal, spot delivery, bailment, or seller’s right to cancel.  To make matters worse, they did not return his trade-in vehicle that he had used for his down payment.  Eventually, the dealer had the vehicle repossessed at night.

We strongly disagreed with the dealer’s claim that it was legally entitled to cancel the contract, and worked diligently on behalf of our client.  Even without filing a lawsuit, we were able to convince the dealer to not only return the car to our client and honor the initial quoted interest rate, but also to provide a discount to which our client had been entitled but did not receive.  Thus, the settlement resulted in our client receiving the car he had been promised, but with lower monthly payments than originally quoted.

If you were the victim of a bait-and-switch scam here in Central Florida (including Orange County, Seminole County, Volusia County, Lake County or Brevard County), we would be honored to help you enforce your legal rights.

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Illegal Price Hike by Home Contractor

Our client signed a contract with a home contractor for improvements to her yard and landscaping. That contract spelled out exactly what work was to be done, and what the price was going to be.

During the middle of the job, the contractor suddenly decided he needed more materials than anticipated in order to finish the job. He then finished the job, and told our client that she needed to pay the difference. He tried to say the initial contract was only an “estimate”, and insisted he was entitled to the higher price. When our client insisted on paying the contract price, the contractor sued her in small claims court. The client asked us to represent her in this lawsuit.

We not only defended the lawsuit, but sued the contractor for misrepresentation, fraud, and unfair and deceptive practices. We were able to successfully defend her, and won her lawsuit against the contractor.

If you have a contract, don’t let an unscrupulous contractor try to intimidate you and take away your legal rights. You have a right to enforce your binding contracts, and not to let them change on the whim of the other person.

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