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.

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.

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.

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!