Lower courts in New York have been nicknamed "the credit card courts"
due to the enormous volume of
credit card lawsuits brought by banks, lenders, and debt buyers. Many of the cases that make
their way through these courts are frivolous and overly aggressive attempts
to collect on older debts. Debt buyer lawsuits in particular are very
common and continue to occur more frequently. In fact, the top 26 debt
buyers were awarded more than $1 billion in judgments against New York
City residents between 2006 and 2008.
Credit Card Lawsuit Defense Attorneys
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Many banks hire outside attorneys to bring lawsuits against New Yorkers.
While some creditors will offer flexibility with respect to settlement
reductions and monthly payments, the concessions are oftentimes less generous
then what can be achieved with debt buyers. Part of the reason is that
the original creditor may be in a better position to prove their case
in court as opposed to a debt buyer. However,
if you fail to respond to a lawsuit on time, you could be subject to a
default judgment, even without the creditor proving their claim.
- Capital One Bank
- TD Bank
- Bank of America
- American Express Credit Card Lawsuit
- Wells Fargo
70% of the average debt buyers' portfolio contains credit card debts.
In New York, lower income communities are hit the hardest with debt buyer
lawsuits. With their money, resources, and default judgments, debt buyers
can seize a person’s assets, freeze their bank accounts, and garnish
their wages to collect a debt.
- Cavalry SPV I llc
- LVNV Funding
- Midland Funding
- Cach LLC
- JH Portfolio Debt Equities LLC
What’s worse, a
judgment for credit card debt will appear on a person’s credit report. This will make getting
housing, loans, and finding a job burdensome. In some cases, judgments
can be enforced for 20 years.
Get Legal Assistance
If you are facing a credit card lawsuit, you need to review and closely
examine all the details pertaining to your case. You’ll want to
determine if you are being sued by a bank or a debt buyer, and if they
are licensed to collect debts. An experienced lawyer can help you find
out about this information, and can also answer the following that will
be important to your case:
- Are your creditors registered to do business in New York?
- Were you properly served?
- Is this a case of breach of contract, account stated, goods sold and delivered?
- Are there any facts about your debts that have been misrepresented?
- Have your communications been accompanied with the required disclosures?
- Is there proof of a signed credit application with all subsequent amendments
- What state laws apply to your situation?
- Are you being sued in the right county?
In addition to answering these questions for you, a skilled lawyer will
also develop a legal strategy that will protect your rights.
Call today to speak with debt defense lawyer! -
Contact our New York debt relief attorney
to request a free consultation.
At the Law Office of Simon Goldenberg, PLLC, our legal team helps clients
in New York settle their debts. We can handle the details of your case
and make sure you are prepared for court. Let us put our skills to work
for you today.