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Debt Collection Abuse

It is illegal for a debt collector to telephone you at work after being told to stop. Debt collectors cannot speak to anyone that you don't want them to speak to, including you, anyone at your place of employment, or any of your family and friends.  Debt collectors cannot legally yell at you or swear at you, and they can not lie to you.  They cannot threaten you, and they cannot sue you, unless it is convenient to you.  And contrary to what debt collectors would have you believe, it is you who holds all the cards – if you know your rights.  And if you decide to sue them it will cost you nothing.

Obtain A Free EvaluationExamples of Debt Collection Abuse

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Debt Lawsuit Defense

You incurred the debt.  You owe the money.  You have not paid.  And now you have been sued.  You are going to lose, right?  Wrong!

The hardest thing about winning a lawsuit for allegedly not paying a credit card debt is getting consumers to understand that they stand a good chance of winning if they do the right things.  And it costs very little to have us do it for you!  Debt collection is easy when consumers believe there is nothing they can do.  Consumers just give up and then they lose.  Don't be one of those people.  Instead, be one of thousands who prevail in this situation.

Obtain A Free EvaluationSome Recent Debt Defense Results

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Class Action Litigation

At Hyde & Swigart, we use every available legal tactic to ensure your rights are vindicated and the bad guys do not get away with their deceit and abusive tactics. Class actions are powerful weapons, and you can fight back with the best of them! A class action is a form of lawsuit in which a person or persons bring a claim to court for a large class of consumers. We occasionally file these lawsuits for consumers.  Just because your damages are small does not mean you should not prevail, and that is exactly what class actions are designed to address.

More About Class Actions

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We Want To Help You.

At Hyde & Swigart, our focus is on protecting consumers from debt collectors, and in defending consumers who are being sued for consumer debts.  However, we also provide other consumer services, as well.  For example, if you just discovered that someone obtained a judgment against you, we can help.  We can also help with unfair repossessions, and unwanted telephone solicitations.  We have also helped consumers with student loans, tenant-landlord issues, home-owner association issues, and so called "debt negotiation companies" (companies that claim to help you get out of debt while really making your situation worse.)  If you have a consumer related concern and you want a free consultation, Hyde & Swigart is there for you.

See Our Evaluations Here

  • Debt Collection AbuseDebt Collection Abuse
  • Debt DefenseDebt Defense
  • Class ActionClass Action
  • Other Consumer ActionsOther Consumer Actions

Recent Lawsuit Results (Trials & Settlements)

Super User
Published on 31 January 2012
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While there is no way to guarentee any specific result in your particular case, it is sometimes useful to see the results that other consumers have had when Hyde & Swigart defended them in debt collection lawsuits.  (A debt collection lawsuit is a case, often involving a credit card, where a consumer is being sued for allegedly not paying a debt.)

In these cases, there are far more issues than simply, "Did you fail to pay the debt."  There are procedural questions, evidentiary questions, and factual questions.  For example, "Did the person suing you sue do so within the appropriate time limits? (Called the Statute of Limitations); Can the person suing you simply have a person come into the court room and hand the judge a bunch of documents, claiming they are for you account? (No, they cannot.  They must provide "foundational proof.");  And do you even owe what is claimed? (Debt collectors often try to obtain money to which they are not entitled, such as attorney fees, additional interest, late fees, "collection charges," and charges they are unable to prove.)

All of this issues, and many more, come up during these cases, and all of them influence what you really owe, and what you might eventually have to pay.  In most of these debt collection defense cases that we handle for consumers, the case is eventually dismissed, with the consumer paying nothing.

Furthermore, these cases often lead to us filing a lawsuit against the debt collector themselves.  In those cases, if you win the debt collector actually has to pay you, which is not a bad deal at all.

Here are some recent examples of cases that  Hyde & Swigart has defended on, with the results: 

Creditor

Case Number

Amount Sued

Result

Nordstrom FSB

37-2011-00091297

$7,394.29

Dismissed

FIA Card Services, N.A.

37-2011-00077236

$10,496.43

$1,574.46

Citibank (South Dakota) N.A.

37-2010-00080612

$21,002.92

$6,300.88

Citibank (South Dakota) N.A.

37-2011-00089156

$27,774.82

$8,332.45

FIA Card Services, N.A.

37-2011-00076981

$12,088.68

$1,813.30

Capital One Bank (USA) N.A.

37-2011-00051132

$8,720.80

Dismissed

Capital One Bank (USA) N.A.

37-2008-00064542

$939.03

Dismissed

Capital One Bank (USA) N.A.

37-2008-00103463

$2,892.79

Dismissed

Capital One Bank (USA) N.A.

37-2007-00088044

 

Dismissed

Capital One Bank (USA) N.A.

37-2011-00065712

$2,973.79

Dismissed

Capital One Bank (USA) N.A.

CIVVS1104466

$8,336.03

Dismissed

Capital One Bank (USA) N.A.

56-2010-00382931

$5,971.08

Dismissed

Capital One Bank (USA) N.A.

37-2010-00063379

$7,800

Dismissed

Capital One Bank (USA) N.A.

37-2010-00062373

$14,787.02

Dismissed

Capital One Bank (USA) N.A.

37-2011-00086048

$5,270.44

Dismissed

Capital One Bank (USA) N.A.

10-E-08051

$5,584.62

Dismissed

Capital One Bank (USA) N.A.

37-2011-00087663

$7,156.79

Dismissed

Capital One Bank (USA) N.A.

37-2011-00065871

$25,608.77

Dismissed

Capital One Bank (USA) N.A.

37-2010-00071769

$7,351.54

Dismissed

Capital One Bank (USA) N.A.

INC 10011559

$5,621.60

Dismissed

Capital One Bank (USA) N.A.

37-2010-00106050

$4,982.22

Dismissed

Capital One Bank (USA) N.A.

37-2010-00102116

$4,647.99

Dismissed

FIA Card Services, N.A.

37-2011-00092381

$10,689.31

Dismissed

Capital One Bank (USA) N.A.

11K07643

$2,960.98

Dismissed

Capital One Bank (USA) N.A.

37-2008-00098356

$1,499.24

Dismissed

Capital One Bank (USA) N.A.

CIVRS 1101407

$3,878.58

Dismissed

Midland Funding, LLC

CIVRS 1102673

$5,641.70

Dismissed

Arrow Financial Services, LLC

CIVRS 910194

$7,004.49

Dismissed

Persolve, LLC

CIVRS 1104741

$5,523.45

Judgement in Favor of Consumer

Capital One Bank (USA) N.A.

RG10526810

$4,705.65

Dismissed

Advantage Assets II, LLC

HEC 10003111

$6,943.93

Dismissed

Capital One Bank (USA) N.A.

HEC034776

$19,917.53

Dismissed

Capital One Bank (USA) N.A.

37-2011-00051909

$1,580.53

Dismissed

American Express Centurion Bank

37-2010-00105765

$7,101.47

Dismissed

Chase Bank USA, N.A.

37-2010-00096545

$4,640.03

Dismissed

American Express Bank, FSB

37-2011-00096086

$5,884.68

$2,000

American Express Centurion Bank

37-2011-00087431

$4,445.03

$1,000

American Express Centurion Bank

37-2010-00063520

$10,065.24

$4,000

American Express Bank, FSB

37-2010-00103602

10,856.72

$4,200

American Express Centurion Bank

CIVDS1016061

$51,874.19

$13,000

American Express Centurion Bank

30-2010-00379539

$23,332.25

$6,000

American Express Centurion Bank

37-2010-00095033

$8,901.98

Judgement in Favor of Consumer

American Express Centurion Bank

37-2009-00098578

$31,881.12

$6,500

American Express Centurion Bank

37-2009-00062153

$7,826.10

Dismissed

American Express Centurion Bank

37-2009-00091331

$31,554.93

Dismissed

Midland Funding, LLC

37-2011-00075674

$5,365.07

Dismissed

Portfolio Recovery Associates, LLC

37-2011-00097473

$4,762.72

$500