Archive | October, 2010

A Courtroom Victory!

Ms. W was sued by Atlantic Credit and Finance for approximately $9000.00 in Dauphin County.  Ms. W hired our firm to defend and we noticed right away that the lawsuit was defective. With a defective lawsuit in Pennsylvania, the proper response is typically to file Preliminary Objections. We won the first round of arguments on the objections, forcing Atlantic Credit to cure the defects that were present in the complaint.  I guess that I should say that we forced them to “try” to cure the defects. Atlantic filed an Amended Complaint and it was still very defective.  We responded with another set of Objections to the Complaint and after Argument, the judge threw the case out for failing to cure the defects.  The lawsuit was lacking in many areas.  It failed to include a signed application, a cardmember agreement, or any of the monthly account statements.

In a rare occurrence, the judge issued a written opinion on the case, which was reported by the courts. Typically, judges simply issue brief orders that either dismiss the case or move the case forward to trial.  The written opinion is issued where an issue continues to re-occur and the court wants to set a standard for all similar cases.  We are proud to have helped Ms. W and we are also very proud to have had a written opinion issued in our favor.  Until another opinion changes the law, our case is the standard for credit card cases in Dauphin County.

Posted in Atlantic Credit, Collection Agencies, Lawsuits


Credit Card Lawsuits

If you are faced with a credit card lawsuit, whether its an original creditor or a junk debt buyer, contact my office at 412-823-8003 right away. We offer a free, no obligation review of any credit card based lawsuit that is filed in PA.

FDCPA Attorneys

Many Debt Collectors threaten people, that's a fact. Threats of wage garnishment, jail, fraud charges and contacting employers, friends and relatives happens every day to people just like you. The truth is that most of these threats are illegal. If a debt collector is threatening you, contact our office at 412-823-8003 for a free initial consultation.
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