Tag Archive | attorney

My New Partnership

As of January 1, 2010 I am pleased to announce that I have formed a new partnership with one of the best consumer attorneys in Pennsylvania, Clay Morrow.  Clay and I have been working together on cases for quite some time now and we decided that it was best to form a partnership that would better serve our clients.

Clay has been practicing consumer law in PA for over 20 years now and has seen just about everything that there is to see in that arena. Clay is a member of NACA, which is the National Association of Consumer Attorneys, and is quite active with that group.

Clay will handle all claims that are filed against debt collectors. These claims are often based upon illegal threats or activities that debt collectors engage in when they are trying to collect a debt from you. Clay bases most of these claims on the Fair Debt Collection Practices Act (FDCPA) which provides consumers with an array of rights and protections. Clay is able to handle these claims on a no-cost basis, which means that you typically do not have to pay our firm a retainer to pursue an FDCPA claim against a debt collector.  Our firm will earn its fee and have it paid by the offending debt collector.

I will continue to handle the defense of collection agency and credit card lawsuits as I have in the past. What I have found in my experience in handling these matters is that there is often a violation of the FDCPA that is made either before the lawsuit is filed, or, in the lawsuit itself.

So in a nutshell, I will act as your shield in defending you, and Clay will act as your sword in attacking these violating debt collectors.

Posted in Other

Do I need an Attorney?

I am very surprised by the number of people who don’t consult with a consumer attorney on a credit card case.  As soon as you receive a collection letter or phone call, you should speak to a consumer attorney right away.  Most of us, my office specifically, will give a free telephone consultation about the collection process and to discuss your defenses and rights. 

I have found that many of you instead call the collection agency to try to work out a payment plan.  What a huge mistake!  That is exactly what they want you to do, its part of what they base their business model on! The truth of the matter is that most collection agencies have difficulty in proving a case against you in a court of law.  That’s why they call you and use high pressure tactics to get you to pay.  Once you make a payment, or even agree to one, you may have severely damaged your case.

A frequent question that I face is whether the individual can handle the matter themselves.  I almost never think that this is a good idea.  They ask, what can I do that they can’t?  Think about it, I do this every day, with tremendous success.  I usually know exactly what language is in your lawsuit without even seeing it just by learning the name of the collection agency.  I know which attorneys they hire, how those attorneys operate, which documents they have, their usual success rate and so on.  Are you willing to risk a $9000 judgment against you just to save a few dollars in attorney fees?  It doesn’t make sense to me.  Look, I try to be as blunt as I can with clients, they really do appreciate it.  I’ll tell you if I can help you and I’ll also tell you if it’s in your interests to go another direction.  (I often do this with the smaller cases, where it doesn’t make sense to hire me to defend a $750 lawsuit).

The key is to not make a mistake by calling the agency or by filing your own response to the credit card lawsuit.  That’s my job, to handle that aspect of it and to give you a good result at the end.

If you have any questions about a collection agency or credit card lawsuit in Pennsylvania, call my office at 412-823-8003 for a free, no obligation consultation.

Posted in Lawsuits

How do I defend myself in a credit card lawsuit?

Make them prove their case, every single aspect of it. An experienced attorney can guide the way here. There are so many issues that the collection agency has to prove to prevail in a court of law. I like to tell my clients that the agency has to prove A through Z, and they often can only prove A through E.

The collection agency has to prove a number of issues in a lawsuit to collect a debt. First and foremost is that they have to prove that they have the right to sue you. Did the original creditor actually sell, or assign, your account to them? Show me the documents!

They also have to prove that it was your account, and that you agreed to the terms and conditions that they allege are applicable to your account. They also have to prove that you made use of the credit account, the interest rate, the late fees and more. Again, I force them to show me all of the documents. Most times, they cannot come up with the proper documents so we have the case dismissed.

Contact our office at 412-823-8003 or toll free at 1-888-536-6644 for a free telephone consultation if you are being sued by a Collection Agency in Pennsylvania.

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.