The Best Reasons To Defend Your Credit Card Lawsuit Part I
As a Consumer Bankruptcy Attorney, I meet with people all the time who are experiencing debt collection problems. One of the things that drives me crazy are the small lawsuits: credit cards, medical bills, etc that are brought by a debt collector five times removed. The reason they annoy me so much is because they prey on people's fears.
If people really knew the facts about these debt collectors and what they have to prove to win their cases, things in the small claims and civil courts would change.
As soon as a small debt collection lawsuit is filed, there is an assumption that the person who allegedly owes the debt is a deadbeat and should pay his or her bills. I encountered this mentality from their attorneys and in the courtrooms from Judges. I don't like this mentality of passing judgment before hearing the facts and circumstances of the case. To me, the Defendant should get their day in court where they will have the opportunity to put on their defenses.
These defenses may include that the debt is beyond the statute of limitation, zombie debt, or it may just not be that person's debt.
So, over the next series of blogs, I am going to attempt to explain the debt collection industry and why it is worth their time to sue as many individuals as possible, despite a person's defenses. Likewise, I will attempt to explain the defenses in a manner that everyone can understand and use if they are ever sued in either small claims court or county court.
This post was submitted by Carmen Dellutri, Esq., founder of The Dellutri Law Group, P.A. Currently, the firm has offices in Port Charlotte, Fort Myers, Naples and Sarasota. Mr. Dellutri also sits on the Board of American Board of Certification. Mr. Dellutri is also one of the founders of the Bankruptcy Law Network, Debt Law Network, Credit Law Network, and Mortgage Law Network. Mr. Dellutri also writes for the firm's bankruptcy blog, mortgage modification blog, www.floridainjuryandaccidentlawyerblog.com and www.fairdebtcollectionpracticesactblog.com.
