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.

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.

During a lawsuit, you may receive a document from the opposing side asking you to respond to their “requests for admission”.  These are part of the “discovery” phase of the lawsuit.  During discovery, each side generally is allowed to obtain certain information from the other side about the issues in the lawsuit.  However, Florida courts limit or even prohibit discovery in certain situations.  For example, in Florida small claims court (a division of county court) a lawyer for one side generally is prohibited from sending discovery requests to a person on the other side who is not represented by a lawyer.

Requests for admission can be very important.  Under Florida court rules, you can respond in at least four different ways to every single request for admission:  you can file a legal objection, you can admit it, you can deny it, or you can indicate why you cannot admit or deny it.  Here’s a critical point: if you simply fail to respond, the requests are deemed admitted.  In credit card debt lawsuits, for example, credit card companies can file requests for admission that ask you to admit the debt is valid, that you owe the full amount they are suing you for, and that you have no legal defenses.  If you don’t respond, you may have lost the opportunity to defend the case.  The debt collector can then file a motion for summary judgment or motion for summary disposition and use your admissions to win the case before you even get your day in court.  Don’t let this happen to you!