Many debt collectors will offer a settlement agreement or stipulation to a consumer after a lawsuit is filed.  Usually, that agreement specifies that the consumer is to make certain payments every month for a set time period.  Often, the agreement promises that the debt collector will not seek or enforce a judgment, or will simply claim that the consumer can avoid “going to court”, if they only sign the agreement.  Then, when the consumer misses a payment or is short on a payment, significant problems can arise: their bank accounts are emptied, their car is seized, or their wages are garnished.  It is heartbreaking receiving a call from a consumer at this stage, as many of their rights have already been lost.

Countless times, after reviewing the lawsuit documentation, we are able to identify valid affirmative defenses that the consumer could have asserted to prevent the entry of a judgment.  However, most settlement agreements require that you give up your rights to defend the lawsuit.  Sometimes, they require you to agree in writing that you owe the debt – even if this isn’t true!  We have even seen settlement agreements / stipulations that give up your legal right to shield some of your money from judgment creditors.

Before you agree to sign such a settlement agreement, we would be pleased to review it and advise you of your rights and obligations.  For example, perhaps your income and assets are exempt from seizure if the debt collector obtains a judgment against you.  This may include your social security, disability, worker’s compensation, unemployment, wages/salary of the head of household, and other income or assets.  Why would you voluntarily want to give your money to a debt collector if they have no legal right to take it?

Unfortunately, if you aren’t aware of your rights, you may lose a significant portion of your funds that you could otherwise spend on essentials.  Don’t lose those rights – contact us today for a free consultation.

Our client was sued by Citibank (South Dakota), N.A.  Attorneys Patrick A. Carey, and Robert J. Rivera from the law firm of Patrick A. Carey, P.A. in Orlando represented Citibank.  Citibank and its lawyers sued our client under three different counts: Account Stated, Money Lent and Open Account.  After requiring Citibank to respond to our discovery and a targeted motion, we won the case for our client.

If you were sued by the law firm of Patrick A. Carey, P.A. in Orange County, Flagler County, Seminole County, Lake County, Volusia County or Brevard County, call us for a free consultation.  Remember when you receive a Summons and Complaint for a credit card debt, you have important rights, but you have to respond within the allotted time or you can lose your case.  There is a lot of information on the internet for the people who want to investigate what their lawsuit might mean, their legal rights or to learn more about the law firm suing them.   However, it is best to get the answers to your questions from an experienced attorney.  Call us or email us anytime for a free consultation – we will make ourselves available.

The Attorney General of the State of Minnesota has sued Midland Funding, LLC and an affiliate, Midland Credit Management, Inc., for fraud in connection with its debt collection activities.  Midland Funding is a well-known debt buyer that has also filed numerous lawsuits here in Florida seeking to extract money from Florida consumers.

The Attorney General’s lawsuit focused on “robo-signed” affidavits.  This refers to the practice of signing affidavits under oath claiming a debt is legitimate even though the person signing the affidavit has not verified their accuracy or sometimes even without reading them, in order to quickly obtain a judgment against consumers.  It is referred to as “robo-signing” because the process is similar to robots doing the same thing over and over again without any verification.  As some of you may know, “robo-signing” has been exposed as a huge problem here in Florida in the context of mortgage foreclosure actions.

This lawsuit demonstrates that “robo-signing” is also a huge problem in the area of credit card lawsuits and debt collection lawsuits generally.  For example, the Attorney General indicates that they have sworn testimony from numerous Midland Funding employees that they have signed up to 400 false affidavits per day; those affidavits were then filed in Court as supposed “proof” of the debt.  In my opinion, not only should the signers of the affidavit be held responsible for their actions, but so too should their employer, Midland Funding, and the lawyers who submit those affidavits to Florida Courts.

More information about the Minnesota Attorney General’s lawsuit can be found by clicking here.  If you have been sued by Midland Funding or suspect you are a victim in a case where such a false affidavit was submitted, please contact us through this link or by calling us on our toll-free number at 1-888-834-5297.  As an experienced Florida credit card and debt collection defense lawyer, I am here to help the consumers of Seminole County, Orange County (including Orlando), Volusia County, Brevard County, Lake County and Flagler County.

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.

Some of our clients come to us after they have first tried fighting against a debt collection lawsuit on their own.  Someone representing themselves is known as “pro se” or “in propria persona” from older Latin phrases.  Sometimes they knew the credit card debt or other debt was not theirs, and felt they could convince the debt collector to dismiss their lawsuit.  Unfortunately, this rarely works, because many debt collection lawyers simply assume you are not telling the truth and are trying to avoid a judgment.

Sometimes our clients read something on the internet to educate themselves on how to defend a credit card lawsuit.  This, too, almost never works.  Much of the information on the internet does not address Florida laws on debt collection lawsuits.  Other times, the defenses listed on such websites are simply not valid legal defenses.  In those instances where the information is correct, the defenses must be asserted at the right time and in the right form, or they are invalid.  There is nothing worse than knowing you are “right” and still losing the lawsuit.

Sometimes our clients tried to engage in “discovery” themselves to obtain enough documents to help them win their case.  Unfortunately, this is more difficult than it sounds, since the debt collection law firms are very experienced and know how to stall or thwart discovery altogether.  They will cite statutes, court rules and various Florida legal cases in objecting to your requests and generally obstructing discovery.  Then, if you want to enforce your rights, you have to file the appropriate motion with the Court, cite the relevant legal authorities, schedule a hearing, and attend the oral argument in Court.  This can prove a daunting task for many people representing themselves.

Sometimes our clients tried defending themselves until they were faced with a Motion for Summary Judgment, a Motion for Summary Disposition, or a similar motion.  These motions can have dramatic consequences, and can cause you to lose your lawsuit without a trial.  Also, if you are proceeding under the Florida Rules of Civil Procedure, there are very detailed procedural requirements for how and when you must respond.  Even if you have a complete legal defense, if you fail to assert it at the right time and in the proper form, you can still lose the entire lawsuit and have a judgment entered against you.

If you find yourself feeling overwhelmed due to one of these situations, please don’t hesitate to call us.  We have managed to get such lawsuits back on the right track, even when we were retained very late in the litigation.  In fact, we have accepted such cases right up until just before trial, and still managed to beat the debt collectors.  Of course, we don’t recommend that you wait so long; the longer you wait, the more likely it is that you will have waived certain defenses and limited your strategic options.  If you initially tried defending the lawsuit yourself, but now realize you need the help of an experienced and dedicated consumer protection lawyer, please call us for a free consultation.  Or, if it’s easier, simply contact us through our convenient web contact form.  Either way, we can still advise you of your rights and your options.

A recent study confirmed what most of us already suspected: the credit card companies are back at it, raising rates yet again.  In fact, that study revealed that average interest rates are near an all-time high.  Here’s the reason: The new credit card laws and regulations have strict requirements on how and when a bank can raise interest rates for existing customers, but those requirements often do not apply to new customers.  The banks and credit card companies are taking advantage of this loophole to ensure their new customers are paying a high interest rate from the beginning, just in case they have difficulty raising the rates later.

In my opinion, this is a shame and simply wrong.  Just remember, all of us taxpayers paid for a bailout that included many of the same banks that are now trying to charge you these very high rates.  So, after we collectively paid to bail out the banks, they now turn around and try to stick to new customers for the sake of their profit.  One can only wonder how many of those credit card companies would have failed if we taxpayers did not pay for the bailout.

Of course, don’t expect the credit card companies to stop filing lawsuits against consumers, even if they dispute the amount or even existence of the alleged debt.  If you have been sued in a credit card lawsuit in Central Florida (Seminole County, Orange County, Lake County, Brevard County, Volusia County or Flagler County), please feel free to contact us for a free consultation and evaluation of your rights.  There are numerous defenses to a credit card lawsuit that may be available to you.  Please also feel free to review Taras Rudnitsky’s background, experience and qualifications, as well as a summary of some of the credit card lawsuits we have defended on behalf of other Florida consumers.

In some cases, the first time you know that you are being sued on an alleged credit card debt is when you receive a Summons and Complaint.  In small claims cases, the Summons may also be accompanied by a Notice to Appear for a Pretrial Conference.  This post explains what these terms mean for the people being sued for credit card debts.

The “Complaint” is the formal document that begins a lawsuit.  That is where the Plaintiff (the person or company that is suing) sets out their claim or claims against the Defendant.  The “Summons” is the formal legal document notifying you that you are being sued, and gives you instructions on how and when you must respond.

In Florida, you must file a formal response called an “Answer” or other responsive document unless you are being sued in small claims court.  In small claims court (the division of county court where the dispute is for $5000 or less), you do not need to file an Answer, but it is still often a good idea to do so.  That way, if you dispute the credit card debt, or if you are unsure whether you owe the amount being sued on, you can formally document your dispute.

If you receive a Summons or a Summons and Notice to Appear for Pretrial Conference, it is absolutely CRITICAL that you respond appropriately.  If you don’t show up, or if you don’t respond appropriately, you may lose the entire lawsuit before you can present your evidence.  There are also other important safeguards you may lose if you don’t respond by the deadline.  You should definitely speak to a credit card lawyer before those deadlines expire, so please call, email or fax us for a free consultation.  There is nothing so disappointing as a person who has a valid defense not being able to defend their case because the deadlines expired!