Have you been sued by Attorney Apothaker and Associates? Join the club. I deal with Attorney Apothaker’s lawsuits on a daily basis, whether its filing a response or simply reviewing the lawsuit to give a potential client some advice. The Attorneys at Apothaker’s office are well versed in the law, they know what they are doing, they are serious collection attorneys, no doubt about that. For the most part though, the lawsuits filed by this office are defective (when they are representing junk debt buyers). The lawsuits are simple, cookie cutter forms that often lack the proper information that is required by a Pennsylvania court to move forward. Our typical response to these lawsuits is to file what are called “Preliminary Objections” which are, in a nutshell, an objection to the numerous legal defects contained in the lawsuit.
Without fail, the courts will agree with us as to our allegation of defects in these lawsuits. The courts generally will give Attorney Apothaker’s office the opportunity to “cure” the defects in the lawsuit, but in my experience, his office generally has difficulty in curing the problems. To be fair once again, it is not necessarily his office that has the problem, its the clients that he often represents. These collection agencies, or junk debt buyers, simply do not have enough information to prevail against you in a court of law in most cases.
There are certain documents that are necessary to prevail in a credit card lawsuit, including the terms and conditions, the monthly statements, the contracts, and the assignments. These debt buyers often have a very difficult time in obtaining all of the proper documents for these cases.
If you have been sued by Apothaker and Associates, you need to have a knowledgeable consumer attorney review the lawsuit, whether its my office or another consumer attorney. Again, these lawsuits are generally defective, and there is a very strong possibility that they can be thrown out of court without you having to pay anything other than a small attorney fee.