10-06-2011 / By:
Don’t Trust Debt Collector Law Suits – They Make More Mistakes Than You Can Imagine
Even when someone receives a summons and complaint from a collections agency or debt buyer, it is never wise to assume they truly know what they are doing. There are always ways to beat these bullies at their own game.
The perfect example just came forward in New York, in the case of Midland Funding LLC, dba in New York, as Midland Funding of Delaware LLC vs. Jessica Tagliafferro, 2011 WL 4503125 (N.Y. Sup.), 2011 N.Y. Slip Op. 21344. In this case, Midland Funding, one of the nation’s largest purchasers of credit card charge offs and other related debt, was chastised routinely by the judge for their failure to file the most simplistic and basic rules of court.
The opinion stated, "The commencement of litigation to collect consumer debt is neither 'brain surgery' nor 'rocket science.' But it does require some attention to the rules of civil procedure, which based on this court's experience, apparently is not part of the equation for a significant number of members of the debt collection fraternity."
Lesson learned. Never give in to debt collections bullies and debt collections harassment tactics. Debt collectors rarely can win the litigation battles because they simply are not prepared and do not have the necessary facts and evidence available to prevail at trial. You need to turn the tables and when you go on the offensive, everything changes.
Never give in to debt collections harassment. Stop debt collectors at their own games with the support of a debt collector lawyer. Fight back and you never know what may happen. You just might prevail.
Debt validation notice Collection Letters Huge Penalties FDCPA Dunning Letter Rosenthal Act Debt Collection Generic Demand Letter Hunt & Henriques Debt Collector Law Suits Bank of America Makreas v The Moore Law Group Frederick J. Hanna & Associates Branco v. Credit Collection Services Inc Debt Collections Agency Fair Debt Collection Practices Act Moriarty v Henriques FIA Cardservices
10-26-2011 / Don't Hide From Debt Collections Agencies
10-24-2011 / Debt Collection Agency Violates FDCPA
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