The Best Reasons To Defend Your Credit Card Lawsuit Part II
In Part I of this series, I tried to introduce you to the idea of defending your credit card or small claims lawsuit. Over the next couple of blogs, I will go into much more depth on the reasons you, as a consumer in the State of Florida, should seriously consider fighting the debt collectors in Court.
I don't know about where you live but I can only imagine that if the Courts here in Southwest Florida have been busy, so have yours. While I have no problem with Creditors filing lawsuits to enforce their contracts, I do have a substantial problem when either one of two things happens: First, when a debt collector files what I call a frivilous lawsuit; and Second, an individual does not protect themselves or they get steam-rolled because they did not investigate their defenses or did not know that they had defenses to these actions.
Let me just shout this out: When you get sued, you may have defenses to the lawsuit, but you need to investigate them. Florida law provides you with time to do this, usually (20) days, but you cannot sit on the couch waiting for things to happen for you.
I cannot tell you how many lawsuits over the years we were able to stop by filing a motion to dismiss them because they were garbage lawsuits. But, guess what happens to a garbage lawsuit that is not defended??? It winds up in a judgment on your credit report. Think about that for a minute. I'm guessing that there are thousands of individuals in Southwest Florida alone that have a judgment against them based upon a garbage lawsuit, and it could be even more.
What makes a garbage lawsuit? A lawsuit by a debt collector or debt buyer who cannot possibly go to trial to properly authenticate documents and get them into evidence. Yes, there are rules that need to be followed in the State Courts, and many times, these rules are glossed over because the lawsuits are not defended.
We will get into this even more in the future, stay tuned.
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.
