Our client was sued by RJM Acquisitions, LLC, as assignee of Washington Mutual. RJM Acquisitions was represented by attorneys Jason Dragutsky, Robert Orovitz and Dana Stearn from the law firm of Hayt, Hayt & Landau, P.L. from Miami, Florida.  In their complaint, the debt collection lawyers sued our client for Money Lent and Unjust Enrichment.

After trying to the case on his own (what the court calls “pro se” or “in propria persona”) without success, he retained our firm to represent him.  Based on our legal knowledge and experience, we were able to obtain a dismissal of this lawsuit.

You do not have to deal with your debt collection or credit card lawsuit on your own.  Remember, the attorneys suing you are experienced in the debt collection process.  Let our experience work for you: contact us anytime for a free consultation.

Equable Ascent Financial, LLC hired the law firm of Hayt, Hayt and Landau, P.L. from Miami, Florida to sue our client here in Central Florida for an alleged credit card debt.  Attorneys Robert Orovitz, Dana Stern and Jason Dragutsky represented Equable Ascent Financial, and brought claims for Money Lent and Unjust Enrichment.

Upon being retained by our client, we filed our Notice of Appearance and other necessary legal documentation.  As a result of our efforts, the case against our client was permanently dismissed, without our client paying anything to Equable Ascent Financial.  If you have been sued by Equable Ascent Financial or any other debt buyer, please send us an email or call us for a free consultation before you lose important rights.

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.

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.

In prior postings on this blog, I have identified numerous problems with the way credit card companies, debt collectors, and their lawyers try to abuse consumers through the legal system.  In this post, I provide some guidance on possible solutions that would at least curb some of the most flagrant abuses.

Require Proper Evidence of the Debt:  In many debt collection lawsuits, the credit card company and their lawyers don’t attach the credit card contract to the lawsuit.  Why do we tolerate debt collectors who sue on an alleged contract but don’t even provide you a copy of that contract?  Florida’s laws of civil procedure require that the contract be attached to the complaint or statement of claim.  If it is not, the debt collector should be forced to either provide a copy of the contract or dismiss their lawsuit.

Require Meaningful Reviews by Lawyers Before Suing:  In many debt collection lawsuits, the lawyers simply file a form pleading that is essentially the same as for all their other lawsuits.  Requiring the lawyer to review the facts of each case before signing the lawsuit paperwork would go a long way toward curbing these lawsuits.  In one of my recent cases, a debt collector sued on an alleged credit card contract, but then denied that such a contract existed.  Such lawsuits are frivolous and nothing but an attempt to intimidate the consumer.

Strengthen Government Enforcement:  Meaningful enforcement of state and federal laws can also prevent significant debt collector abuse of the legal system.  Instead, the government’s enforcement tends to get publicity only in the run-up to elections.  Then, it conveniently fades until the next election.  Having an assistant attorney general spend an entire day in small claims court watching the abuses that take place would undoubtedly be an eye-opening experience for them.

Improve Consumers’ Access to Legal Assistance:  Very few consumers sued for credit card debt are represented by lawyers.  Part of the reason is that many attorneys prefer to work for large and wealthy corporate clients; in contrast, consumer protection attorneys in Central Florida are few and far between.  It would be helpful for court clerks to at least post information outside the courtrooms telling consumers where they can find free or low-cost legal representation.

These recommendations are drawn in large part from the May 2000 report entitled Debt Deception – How Debt Buyers Abuse the Legal System to Prey on Lower-Income New Yorkers.  Based on my experience as a consumer protection lawyer in Central Florida, these recommendations would go a long way to help Florida consumers from being victimized by debt collectors.

We have seen a recent increase in the number of consumers sued on an alleged debt arising from an old Providian credit card account.  Many people are surprised at these credit card lawsuits because those credit card accounts were so old.  Those lawsuits are not brought by Providian, which does not exist any longer; instead these credit card lawsuits are typically brought by debt collectors (for example, Arrow Financial) who have purchased the debt from Providian, or its successors: Washington Mutual (WaMu) Bank or J.P. Morgan Chase.

The good news is that you may have legal defenses if you are sued on an alleged Providian credit card debt.  However, you need to assert those affirmative defenses promptly, or you may lose the ability to use those defenses later in the case, including at the trial of the credit card lawsuit.

There may also be other ways to defend against a debt collector seeking to collect an alleged Providian debt.  For example, the lawsuit needs to comply with Florida’s court rules for the summons and complaint; often, they do not.  As another example, many debt collectors cannot prove their case as required under the applicable Florida laws and rules of evidence.  This is important, because debt collectors often try to collect on debts even when they do not have a legal right to do so, such as when the statute of limitations has expired.

It is important to use an attorney experienced in defending credit card debt collection cases to maximize your chances of winning.  We have had good success in defending Providian credit card litigation using our knowledge of Florida’s laws, including statutes, court rules and rules of evidence.  If you have been sued on an alleged Providian credit card debt anywhere in Central Florida, please call us right away for a free consultation about preserving your rights and a free evaluation of your case.  Don’t lose the ability to defend your case properly!  You can reach us on our office telephone (407-323-4949), on our toll-free number (1-888-834-5297), by fax (407-323-4955) or by clicking here to send us an email message.  Remember, we welcome your calls and emails at any time, including in the evening and on weekends.