It is unfortunate but there is a widespread belief held by many that the financial records that banks and other large corporations keep records are perfect that are utterly reliable. Our office has fought numerous cases against large corporations, nothing could be further from the truth. I am not referring to instances of intentional misconduct, people “cooking the books”, though such does occur, nor things like a cable company “accidentally” over-charging one month, nor documents being lost by mistake, checks not being cashed when they should have etc. Rather, many people believe that actual errors in the math by banks and other large corporations don’t happen. There is a common misconception that such large entities must always get fundamentals right, except when they get it wrong on purpose to try to cheat their customers.
A tiny error just won several cases worth thousands of dollars for one of our clients. A discrepancy of less than a dollar.
We recently questioned a bookkeeper for a “debt buyer”, a company that buys old credit card debts and then sues people for them. After examining hundreds of pages of documents we found there was a discrepancy in two of the pages on how much our client owed, a discrepancy of less than a dollar. Not all of the records matched. It is entirely possible, in fact it is probable that our attorneys were the first human beings to ever actually read the documents since they were all computer generated. Still, we found a discrepancy of less than a dollar and the bookkeeper we were questioning admitted that it was a discrepancy, that the numbers should have matched and that they had no explanation for it.
Approximately ten minutes later several cases settled, debts of thousands allegedly owed by one of our clients were wiped out and the debt buyer agreed to pay our client a substantial amount for harassing them.
All over less than a dollar?
Courts in Florida have to comply with what is called the “code of evidence” and a thorny legal issue called “hearsay”. It is not entirely right to say that hearsay rule provide that if a Court wants to review certain records, they need a person from the company that made them present to do so. That is not strictly speaking right, but it is a close enough description for a non-lawyer to understand what happened in this case. Do not use that definition in a court case, it is not correct. For a corporation to get records into evidence they have to prove that the records were made as part of a regular, common and consistent process. By finding a discrepancy of less than a dollar we demonstrated that either the credit card company made a mistake, or the debt buyer did which meant that it was highly unlikely they could get any of their papers into the official court record, which means their case would be lost because they would not be able to prove our client owed anything.
All over what was probably a minor computer glitch of less than a dollar.
If you are sick you go to a doctor.
If your car is not working you go to a mechanic.
If you need tax advice you go to an accountant.
If you are having legal problems, contact a lawyer and if not our firm, then another one.
Even if the error above was found by a non-lawyer, which is unlikely, it is unlikely it could be effectively wielded as a weapon to win the case. Our office offers absolutely free consultations and we would be happy to discuss what we might be able to do to help you.
Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud.
Contact us for a free consultation to see how we may be able to help you.
Results may not be typical. You may not have as beneficial a result.