Saturday, May 19, 2012

Recent Lawsuit Results (Trials & Settlements)

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

More on Defending Credit Card Debts

Defaults on credit card accounts are at an all time high. Too many consumers obtain too many cards and then cannot keep up with the payments. If a credit card company files a lawsuit against you after a default, they must prove certain issues in order to prevail in their case. First and foremost, they must prove that they are entitled to commence a lawsuit against you. This can be done by any number of ways.

The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit.

The next issue that the credit company must prove is the terms of the account. This would include the principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer.

The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment. If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your local attorney regarding the laws of your state, and credit card collection cases.

Hyde & Swigart are Consumer Rights Attorneys with offices located in San Diego, Phoenix, and Minneapolis. For more answers to your credit card defense or other legal questions, please review this website, or better yet, call us at 619.233.7770 for a free consultation.

Defending Debt Lawsuits

If you have been sued over a debt, or you believe that you are about to be sued over at debt, you are doing the right thing by reading this article. You may well owe some of the money, and perhaps even all of it. However, it is just a debt; your life should not be turned upside down because of it. Further, perhaps you just don't want to pay it, or, more likely, can't afford to pay it?

Fill out this simple credit card defense evaluation form and an attorney from our office will review the information and respond to you within 24 business hours (and usually faster). They have waited this long, they can wait another day while you check out your legal rights and remedies.

Recent Lawsuit Results (Trials & Settlements)

More on Defending Credit Card Debts

Defending Debt Lawsuits

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