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.

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.

The best way to protect yourself when a debt collector calls you is to know your rights under both federal (U.S.) law and under Florida law. Many of these rights are described in the articles on False and Misleading Statements by Debt Collectors, Harassment and Unfair Debt Collection Tactics, Debt Collectors Calling at All Hours, Debt Collectors Calling Family and Friends, and other articles on this blog.

This article describes the best way for you to assert those rights, regardless of whether or not you owe the alleged debt.

First, write down the name of the person who contacted you, and the name of their company. If they contacted you by letter or in writing using another method, save that letter.

Second, write the debt collector a letter requesting them to “validate” or verify the debt. You only have 30 days to request this. Click here for a list of the information to which you are entitled, if you request it.

Third, don’t be afraid to tell the debt collector to leave you alone. If you don’t owe the debt, put it in writing to the debt collector who contacted you.

Fourth, don’t agree to make even a small payment. Some slick debt collectors try to convince you to make a small payment, often claiming that it is needed to show your “good faith”. Debt collectors often do this on old debt which is past the Statute of Limitations, and for which they cannot legally sue you. However, if you make even a small payment, this can reset the clock, meaning they can then sue you for the entire debt, even if they couldn’t do so before.

Fifth, keep voice mail messages they have left for you, especially if they are abusive or show profanity. In Florida, you cannot generally record phone calls to or from debt collectors unless you first advise the debt collector that you will be recording their phone call. However, you can keep any recordings they leave on your answering machine or on your voice mail. You’d be amazed at how often debt collectors will leave threatening messages, including saying they work for law enforcement, or that you will be arrested, or that they will send someone to “send a message” to you. Even though these are illegal, abusive debt collectors will often still leave such messages.

Sixth, if you get sued by a debt collector, you must respond promptly, or you may lose automatically. You can either represent yourself and defend the lawsuit, or hire a consumer attorney experienced in defending debt collection cases who will know the rules of civil procedure and the rules of evidence.

Seventh, protect your credit score and credit report. You are entitled to a free credit report once per year from the major credit reporting agencies, so don’t hesitate to get it. Many consumers are surprised at all the debt that are listed, even when those debts are not theirs. Don’t wait until you apply for a car loan or home loan to discover these. And, if you find such debts that are not yours, dispute those debts in writing to make sure they are cleared up before you go shopping for a car or home.

Eighth, if you believe you are a victim of abusive debt collection practices, don’t hesitate to file a complaint with the federal agency, the Federal Trade Commission. Click here for information on How to File a Complaint Against a Debt Collector.

Of course, if you have any questions about your rights, or if you need help dealing with an abusive or stubborn debt collector, please do not hesitate to call me on our toll-free number (1-888-834-5297) for a free initial consultation.