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.

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.

In many cases where a debt collector has sued a Florida consumer on a credit card debt or other consumer debt, they will file a Motion for Summary Disposition (in Small Claims or County Court) or its equivalent in Circuit Court, a Motion for Summary Judgment.  This is a very important legal document, and you should never ignore it.

Although Florida residents have a constitutional right to a jury trial, that right is not absolute.  For example, if there are no facts in dispute, there is nothing for the jury to decide.  A Motion for Summary Disposition means that the debt collector is telling the court that there are no facts in dispute, and that they should within right away, without any trial.  Generally, they say that you have not formally disputed that the debt is valid and that you owe the money.  They then argue that the law allows them to get a judgment against you.

It is critically important that you respond appropriately to such a Motion.  If you do not respond formally to the Court, you can lose your lawsuit before you even have a chance to explain your side of the story.  Don’t let this happen to you.  When you are faced with this, an experienced credit card defense lawyer knowledgeable about court procedure and credit card debt / debt collection can help you protect your rights in court.  Contact me now by phone, email or fax.  Or just click here to contact us over the internet.