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Small Details Winning the Big Picture

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.

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
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