How Do You Win These Cases?

The simple answer to this question is "experience." However, there's more to it than that. Winning a case depends in large part upon what kind of case it is that we're dealing with.

Debt Collection Cases

First of all, you need to understand that it does not matter if you owe of the debt or not. Debt collection statutes are designed to protect consumers from abusive debt collectors. The fact that you might owe the debt does not mean that you are not entitled to this protection. In fact, the courts have repeatedly ruled that whether the consumer owes the debt are not is irrelevant.

Secondly, debt collection statutes are basically "strict liability." That means that if the debt collector violated the law they are liable to you. It does not matter if they acted intentionally or unintentionally. Furthermore, debt collection statutes are very specific in their wording. These statutes make it very clear to everyone exactly what conduct is abusive and illegal. For example, if a debt collector uses false deceptive or misleading means while trying to collect from you they have violated the law and are liable to you for damages. As an example, suppose a debt collector calls you at home and lies to you. Or suppose the debt collector gets verbally abusive with you. Or suppose the debt collector speaks to a third party. They violated the law. If you sue them, they are liable to you for damages, and reasonable attorney fees and costs.

Third, we are very experienced in this area of the law. We can tell very quickly if you have been abused by a debt collector. You should not try to make this determination on your own. It is fairly complex. The best rule of thumb we can come up with is this-if a debt collector says or does something to you that just doesn't seem right, or just doesn't seem fair, they have probably violated the law. If you have any doubts, if you have any questions, you should contact us immediately so we can discuss your concerns.

Credit Card Defense Cases

Credit card defense cases are an entirely different animal. Nearly all consumers that are sued for credit card debts do not appear in court and lose by default. This is a huge waste. The truth of the matter is, if you have an experienced consumer rights attorney in your side you will prevail more times than not. This is because these debt collectors that sue you are so used to people defaulting they don't know what to do when someone actually properly defends the case. Often times, creditors do not have a contract that you signed. It may be that they're trying to collect money that they are not entitled to, or that they can't prove they are the own who actually own the debt. It may be that they are trying to collect interest that has not accrued. Furthermore, there are a large number of evidentiary issues that can be raised in fighting these cases. The short answer to the question how do you win on a credit card defense case is that you fight hard, know the law, know civil procedure, and count on the legal system to do the right thing. That is what we do, and we have a very good track record with regard to success.