- I defend people against
credit card and debt purchaser lawsuits. I have successfully defended over 100 of these cases. I have never lost a credit
card debt purchaser case. This is because I have never seen one who was willing or able to prove it owned the debt.
Why should you have to pay someone who is not the original creditor if they can't prove they are now the rightful and lawful
owner? You shouldn't.
- I have defended people around the state but my focus is on Central Texas. If
your case is outside Central Texas, I can try to refer you to another qualified Texas attorney in your area.
- I take
on alleged purchasers of credit card debt, like AIS Services, Arrow Financial Services, Asset Acceptance, LLC, Commonwealth
Financial Systems, CACH, LLC, Credigy, Dodeka, LLC, Equable Ascent Financial, LLC, Harvest Credit Management, Hilco Receivables,
LVNV Funding, LLC, Midland Funding, Pharia, LLC, Portfolio Recovery Associates, Samara Portfolio, Unifund and many others.
The names are constantly changing, but it is usually the same players.
- The debt collection lawyers I have taken on
include Michael J. Scott; Rausch Strum, Israel, Enerson & Hornick; Jody Jenkins, Dan Young, Jenkins, Wagnon & Young;
Kris Balekian Hayes; Johnetta Lang; Fulton, Friedman & Gullace, Zwicker & Associates, Anh Regent & Associates
and many others.
- My goal is to get these debt collector cases dismissed without my clients paying anything to these
plaintiffs.
- I also defend people in credit card cases brought directly by original creditors, such as American
Express, Bank of America, Discover, Capital One, Citibank, FIA Card Services, HSBC, State Farm Bank and Target National Bank.
Some of these cases are easy, some of them are tough, but I take them just the same.
- Even if you recognize the
underlying debt and think you owe it, that does not necessarily mean you owe it to the debt purchasers. I have yet to see
a single alleged debt purchaser actually prove with admissible evidence that it was the rightful owner of the debt. If they
can't prove they own it, the case should be dismissed.
- Sometimes we win these based on the statute of limitations.
If the lawsuit was filed past the statute of limitations, this is a complete defense and is also the basis of a counterclaim
for violation of the Fair Debt Collection Practices Act.
- Quite often, we win because the debt collectors can't prove
their case. Very often, when the lawsuit is allegedly brought by a debt purchaser, they don't have the necessary admissible
evidence to prove they are the rightful owner of the debt. Defendants can and should obtain a dismissal in those cases.
-
Other times, we win because the client has a valid dispute over the amount of the debt or because the debt collector can't
prove the amount of the debt or the terms of the credit card contract.
- Many people don't think they can fight back
or don't think they can afford an attorney. But you can fight back and you probably can afford an attorney. If you are thinking
of hiring me, I don't charge for the consultation.
- If warranted by the facts and law, defendants who hire an attorney
can recover attorney fees and damages for the debt collector's violations of the Fair Debt Collection Practices Act (FDCPA),
in addition to getting the lawsuit dismissed and not having to pay anything to the debt collector. Except in the smallest
of cases, hiring a capable and experienced attorney is going to save you money and get you better results than trying to do
it yourself or doing nothing.
