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Here are just some of the benefits of
retaining the Credit Card Defense Center today:
Avoid dealing with nasty debt collectors yourself;· Go to in court with your own defense attorney;· Skip having to learn the court system and legal procedures yourself;· Stop a judgment from being entered against you;· Force creditors to produce documentary proof of the debt;· Get debt settlements with with the biggest discount possible;· Stop wage garnishments and prevent them from happening;· Prevent your bank accounts from being frozen;· Protect your property from liens;· Prevent a lien from being filed against your home;P Prevent your vehicle from being repossessed.
DID YOU KNOW THAT...
If the the debt collectors already got your money, you can very likely get it back with our help. Want to get your money back? Being sued for debt by debt collectors ? Then, you need our help now. Debt collectors are looking to seize your bank account, salary and any other assets and we can stop them. If you are in this situation, and the debt collection attorneys are contacting you, call us right now and we will give you debtors' defense, beginning with explaining your rights and options before things get worse. No charge forconsultation.
HERE ARE 10 RULES THAT A DEBT COLLECTOR MUST FOLLOW WHEN CONTACTING YOU ABOUT AN UNPAID BILL:
1. No Early Morning or Late Night Calls
A debt collector may not call you before 8am or after 9pm, You may authorize them to call you at a different time.
2. No Calls at Work, Once You Request It
Debt collectors may not contact you at work if they know your employer disapproves of such calls. Make it clear to a debt collector straight away that calls at work are unacceptable.
3. No Repeated or Continuous Calls
Debt collectors may not harass you by calling numerous times a day about a debt.
4. No Verbal Abuse
A debt collector may not use threatening or profane language when contacting you about a debt. A debt collector may not falsely imply that you have committed a crime by failing to pay a bill.
5. No Informing Friends, Neighbors, Co-Workers, or your Family About a Debt
A debt collector may contact people that know you, but only to find out your address, your phone number, and where you work. A debt collector may not tell anyone other than you, your spouse or your attorney that you owe money.
6. No Collecting on a Debt Larger Than You Actually Owe
A debt collector may not demand more money from you than you actually owe.
7. No Dire Threats
A debt collector may not threaten to have you arrested if you do not pay your debt. Debt collectors may not threaten to sue you, unless they actually intend to file a lawsuit.
8. A Debt Collector Must Send Written Notice of a Debt
Within five days of contacting you, a debt collector must send you a written notice telling you the amount of money you owe and the name of the creditor. This notice also must explain what actions to take if you believe you do not owe the money.
9. A Debt Collector Must Honor a Written Request for No Further Contact
A debt collector must cease contact with you if you send a letter requesting that the debt collector do so. If you believe you do not owe the money, you may state this in your letter. Be aware that a legitimate debt will not go away simply because the collection calls stop. You could still be sued by the debt collector or your original creditor for the amount that you owe.
10. The Debt Collector Must Verify All Disputed Debts
Debt collectors must verify any debt that you dispute in writing prior to renewing collection calls. Once a debt collector sends you verification of the debt, collections activities may resume.
When You Are Sued By A Creditor
Did you know that you are entitled to get properly notified of the credit card company's lawsuit, which means in strict accordance with State law. We are New York debt defense attorneys and we handle credit card Lawsuits and can determine whether or not you have been properly and legally notified of any lawsuit against you.
Out of more than 300,000 consumer credit cases filed in New York civil courts in 2011, about 85.4 percent resulted in default judgments in favor of the plaintiffs, meaning most defendants didn't even know they were being sued.
First of all, you need to realize that by far most collection lawsuits result in judgment against the debtor because the debtor defaults, which means failing to challenge the credit card company’s claim in the first place by simply not showing up in Court to answer the summons.
Most debtors who fail to appear in court eventually have a default judgment entered against them. Instead of this happening to you, just go to Court, file an answer with the Clerk and get a Court date. Then call us and we can either take it from there or tell you exactly what to do next.Or better yet, call now, before going to Court, and we will handle the matter from the very beginning and you never have to step one foot into court !!
When You Retain Us, We:
As the alleged debtor, you are entitled to know whether the party suing you has standing to collect the debt. If the debt collector is different from the original creditor, you are entitled to see a chain of ownership that establishes whether the debt collector owns the right to sue on the debt. Otherwise, you might pay this collector off and then be sued later by another creditor who claims to own the debt. So, you have to know who owns this debt if the original credit is not the one try to collect against you.
Many if not most credit card collection attorneys do not have evidence that you owe the money. In order to collect money on a contract in New York State the creditor is required to produce a copy of the original agreement you signed or some other admissible evidence of your agreement to enter into an agreement with the creditor. And you are entitled to request production of the contract to determine your obligations and defenses under the credit card agreement being relied on by the creditor.
3. Demand Proof Of The Amount Of The Debt
More often than you would believe, credit card collection attorneys often only have an account summary of the and do not have the original credit transaction receipts. Sometimes they do not have any itemization of the amount of the principal balance, the amount of finance charges, or the amount of account fees. The account summary they get when the case is referred to them usually contains only a total balance owed as of a certain date. Make them present all of these documents at your trial or before the case comes to trial and you are a long way towards having your claim dismissed when they cannot produce the items of proof you are demanding.
4. Object To The Improper Offer Of Hearsay Evidence
Trial rules of evidence apply to credit card collection lawsuits. The debt collector must present sufficient evidence to meet the burden of proof as to the elements of the case. Experienced credit card lawsuit defense lawyers object to the improper admission of hearsay evidence. Business records must be authenticated by a competent live witness. Yet, credit card collection attorneys rarely have a live witness appear in court or are not willing to go through the trouble and expense of producing one.
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Remember ! Never ignore a debt collector. And if you live in New York City, remember that debt collectors must be licensed . Ask the debt collector who contacts you if he or she, and the debt collection company itself, is licensed by the New York City Department of Consumer Affairs.
ACT QUICKLY !!
Experienced CREDIT CARD DEFENSE LAWYERS know what questions to ask and what discovery documents to request to possibly get your case dismissed and give you the very best opportunity to get the best outcome by objecting to the improper use of hearsay evidence against you, determining whether the debt is time barred against collection by a statute of limitations and whether or not you were afforded due process in the ways you were served with the summons and complaint in the first place.
The Credit Card Defense Center
are now available for
Free Consultation regarding your situation.
Contact us now for details.
We are Licensed NYS Attorneys
NYC 10001
212-591-0400
212-591-0400
And Learn About Your Rights As A Credit Consumer !
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results listed on our Sample Case Page are actual results of actual cases. However, past results can in no way guarantee any particular result in future cases but are provided here only as a sample of the matters that we have handled and the results of those matters.
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New York Debt Defense Attorney,
