I am always happy when I can say that we won another case. Many of our
clients are being pursued by debt buyers, companies that buy old debts
and then try to sue to collect them. Most of the debts are about credit
cards or bank accounts, but not always. The debt buyers create documents
to support their lawsuit which at least on a casual examination, look
convincing. The documents are usually computer generated and it is rare
that anyone actually reads them, yet such documents can form the basis
for a lawsuit. The closest thing to human interaction most of these documents
will ever receive is when someone signs them without reading them, though
usually that is done with a computer as well and a single click of the
mouse to add an electronic signature, you may have heard of such persons
in the news, they are often called robo-signers.
Unfortunately, these sorts of documents are usually sufficient for debt
buyers to win against people who do not respond to lawsuits or show up
for their court date. These sorts of documents are usually also enough
for debt buyers to prevail against someone who tries to fight the case
without an attorney.
We had an interesting win recently.
These sorts of documents often contain small errors. Sometimes they contain
large errors. Recently, a debt buyer included an affidavit in their lawsuit,
a sworn statement which declared that the person who signed the affidavit
knew how credit cards generally worked and how credit card recordkeeping
functioned, therefore, they knew all of the other records they had about
that case was accurate.
The only problem with that sworn statement was that the lawsuit was about
back rent on an apartment, not a credit card. Nearly all of the lawsuit
which that particular debt buyer files are about credit cards, so they
filed a sworn statement with a court which was obviously false. The lawyer
for the debt-buyer was rather surprised when they learned of this mistake
for the first time in a court room. The Judge entered a judgment in our
favor as a result.
The above is an extreme example, yet it is still very more common for debt
buyers to make other mistakes in the documents they attach to their lawsuits.
Mistakes as to the amounts sued for and the dates of charges or payments
are made frequently. These sorts of mistakes can form a basis to fight
these sorts of cases. If you have been sued about a consumer debt, please
contact an attorney or call our office and we will be happy to look over
your case and advise you as to what options you may have to fight. Our
office does not charge anything for a consultation and if the debt collectors
have broken consumer-protection laws by harassing you, we may be able
to sue them on your behalf
This document has been provided for informational purposes only and is
not intended and should not be construed to constitute legal advice. Please
consult your attorney in connection with any legal issues related to the
matters discussed in this article as the applicability of state, local
and federal laws may vary.