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Archive | January, 2013

Credit Card Lawsuits – DO NOT Represent Yourself

It is amazing to me how many people choose to represent themselves in credit card lawsuits.  I imagine the scenario is this:  get served with a lawsuit, browse google for a few minutes to see how to defend a case, end up in a debtor’s internet chat room, take advice from a McDonald’s employee who happened to make the last post, and then consider yourself a legal expert.  (nothing wrong with the McDonald’s employee, I am just making the point that the person is NOT an attorney).

For the life of me, I cannot understand how somebody without a legal education can think that they can do what we do.  Attorneys have at least 3 solid years of law school, have passed a bar examination, and have hundreds if not thousands of cases of trial experience.  And you think that you can beat one of us?  Amazing.

Now, to get down off of my soap box, yes, it is possible for a non attorney to beat an attorney on a junk debt case.  In those few instances where the debt buyer has zero documentation, those cases are not very difficult to win.  Unfortunately, as we are finding, these buyers are coming up with more and more documentation and are starting to use better collection firms to handle their claims.  This will make it very difficult for a self represented person to prevail on a credit card case.  Remember, the attorney representing the debt buyer does this every day, probably 10-12 hours per day, as his job.  Your one single hour browsing the internet does not qualify you to defend a case.  The part that is so confusing to me is that people would risk thousands of dollars by defending themselves.  You can pay a consumer attorney a few hundred dollars to defend a case to save yourself thousands.  That is the right move, every time, just do it.

Call my office for a free consult at 412-823-8003


Posted in Lawsuits

Equable Ascent

We’ve come across a new debt buyer by the name of Equable Ascent.  They have been buying a large amount of defaulted accounts recently as we have noticed their name on the court docket many times recently.  We’ve had several cases with them over the last few months and we’ve noticed that they have been able to come up with some of the necessary documentation on the cases.  They haven’t yet come up with enough to beat us at trial, but, it does appear that they are making a strong effort to be a “higher class” debt buyer than some of the other companies.  Our guess is that they are paying slightly higher for the debt that they buy, thereby allowing them to procure some of the necessary documentation.

We’ve noticed that they have been using at least two law firms to handle their claims, Sklar Markind and Nudelman, Klemm and Golub.  Both of these firms are very reputable with fine attorneys at each firm, yet another piece of evidence to show that Equable wants to make its mark.  If you receive a notice or a lawsuit from Equable, please contact our firm at 412-823-8003 for a free case review.  We are very confident that we can beat them in a court of law any day of the week.

Posted in Collection Agencies

Discover Bank beat down!

We just had a tremendous victory against Discover Bank.  Discover had sued our client in small claims court.  They were not overly prepared and we won convincingly. Discover filed an appeal and immediately commenced discovery.  (Discovery is the process of asking for information about a case, it is very time intensive and detailed).  After answering all of the discovery we patiently waited.  Discover, throughout, kept begging us to settle the case.  While we did discuss it with our client, in great detail, she wanted to move forward with the defense.  After several pre-trial motions by both our firm and the collection firm, the case was set for trial.

Clay Morrow handled the hearing for our firm and went right at the Discover witness.  The witness was grilled by Clay in regards to the accuracy of the statements and the underlying contract.  After a thorough pounding, the witness was rendered un-credible.  Our client held up under heavy cross examination from the Discover attorney.  At the conclusion of evidence, Judge rendered a verdict in our client’s favor.

Posted in 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.