Tag Archive | defend

What happens in a debt collection lawsuit?

The lawsuit is filed, either at the District Justice or the Court of Common Pleas. If the lawsuit is filed at the local DJ, the collection agency is hoping that you do not attend the hearing, because they will then automatically win. After they obtain the judgment, they will transfer it to the Court of Common Pleas and begin execution proceedings. It is in your best interests to notify the District Justice that you are going to defend yourself immediately upon receiving the notice of the lawsuit from them. You should have an attorney represent you at that hearing, and you should not attend.  In magistrate cases, the collection agency almost never has the proper documentation to beat you in court.  They actually need you to attend so that they can question you and use your testimony against you. Have an attorney go in your place and the results should be in your favor.

If the lawsuit is filed in the Court of Common Pleas, you will receive a visit from your county Sheriff’s Department. A Deputy Sheriff will serve the paperwork on you at your home. Upon receipt of the lawsuit, you will have twenty (20) days to file a written response to the lawsuit that is called either an Answer or Preliminary Objections.

If you fail to file the written response in the allotted time, you will have a judgment entered against you without the benefit of having a hearing. As you can see, it is of the utmost importance to respond to the lawsuit immediately, to preserve your rights to defend yourself in a court of law. That is the key to beating a collection agency, i.e. to defend yourself in court, preferably with the right attorney. There are a number of issues that the collections agency must prove to obtain a judgment against you, and they typically cannot do so, again, as long as you properly defend yourself. You must force them to produce all of the documentary evidence in their claim against you, and then poke legal holes in their case.  A knowledgeable consumer attorney can file the proper responses to the lawsuit and you very likely will never end up in a courtroom.

Contact our office at 412-823-8003 or toll free at 1-888-536-6644 for a free telephone consultation if you have any questions regarding collection agency lawsuits in Pennsylvania.

Posted in Lawsuits, Other

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.