We help people everyday and we defend consumer credit card debt lawsuits.
These cases are heard at the St Lucie County Courthouse in St Lucie West.
Charged off credit card debt is purchased by credit card debt collectors for pennies on the dollar. By law if they can prove by competent evidence they purchased your credit card account they can demand full amount of the debt. When they file a law suit they have to prove by competent evidence to the court they own the account. These bill collectors use the legal process to their advantage file suit and wait out 20 days then notify the clerk of your default (failure to answer complaint) then they obtain a default judgment from the court. In the lawsuit they allege you owe the debt and obtain a default judgment. If the full amount of debt was originally $5,000 but the debt collector only paid $500 for the debt paper and if they obtain a default judgment you still would have to pay the full amount.
If you receive suit papers you should contact an attorney.
If a credit card debt collector hires a lawyer and files a lawsuit against you the goal is to collect the full amount. This scenario provides the debt collector with a windfall because the power of the court default judgment allows the plaintiff to garnish the defendant's wages, bank account and other known assets to satisfy the judgment.
Consumer lawyers defend consumers against credit card debt collector lawsuits. Not all cases are winners and some are losers but of the consumer is to pay as little as possible to this scavenger of bad debt. You have to use the law for your and obtain a dismissal or negotiated settlement. There are valid defenses to these credit card lawsuits and negotiate the goal of the defense is to get the best deal possible avoid garnishment and get attorney fees and costs awarded.
The good news is the Griffin Treasure Coast Law upfront legal fee is nominal and affordable and at the bottom of this page is our online payment link for your convenience. Get a free no obligation consultation. Contact form
Repeated or Continuous Telephone Calls
Recent court decisions reaffirm that repeated or continuous calls to a consumer by a debt collector can bring about FDCPA violations.
In one case, six voice-mail messages left on a consumer's home answering machine over a 10-day period was sufficient to defeat summary judgment and could be viewed as harassment, false threats or unfair practices.
In another case, the debt collector was denied summary judgment where it called a consumer multiple times without leaving any messages. The court determined that the possible FDCPA violation turned on the volume of calls made and on the pattern of the calls.
In yet another case, a debt collector was found to have violated the FDCPA by repeatedly calling a consumer after the consumer had hung up the telephone.
The Remedy for FDCPA Violations
Consumers have the right to file a lawsuit against any debt collector or collection attorney who violates the FDCPA. The consumer can recover actual damages, statutory damages of up to $1,000 and attorney's fees and costs.