Monday, February 06, 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 |