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Are You Being Sued By Bankers Healthcare Group?

Consumer Protection Lawyer

If Bankers Healthcare Group has sued you or a loved one, you should consult with a consumer protection lawyer. Law Office of Simon Goldenberg has extensive experience dealing with creditors on behalf of debtors. We'll help explain your legal options, including how our firm can represent you in any lawsuit or claim brought by Bankers Healthcare Group. We are here when you need us. For more information, contact Law Office of Simon Goldenberg for a free consultation by calling (888) 301-0584 or contacting us online.

If you are being sued by Bankers Healthcare Group for a debt you may owe, you are likely wondering:

  • Why am I being sued by Bankers Healthcare Group?
  • Do I have to pay the amount they are claiming that I owe in the complaint?
  • What are my defenses against the allegations outlined in the complaint?
  • Can I negotiate a settlement lower than what I allegedly owe in the complaint?

Creditors tend to be more thorough when filing a lawsuit because they want to ensure that all of their potential avenues for success are covered. Therefore, they may assert multiple causes of actions, including:

  • Breach of Contract
  • Unjust Enrichment
  • Accounts Stated

Why Am I Being Sued By Bankers Healthcare Group

If you have received a complaint from Bankers Healthcare Group, they are likely suing you because you have failed to make payment on a loan you took out with them, and they want a judgment. A judgment will require payment either through payment in full, garnishment of wages or even by putting a lien on your property. If this is the case, they are likely alleging at least three causes of action – Breach of Contract, Unjust Enrichment, and Accounts Stated.

Breach Of Contract

A breach of contract claim is one that claims that an individual failed to fulfill their side of a contract. In this case, it means that the plaintiff loans the defendant money, and the defendant has failed to follow the terms of repayment of that loan. There are four elements that a plaintiff must prove to have a successful breach of contract claim:

  1. There was a valid contract;
  2. The plaintiff performed their part of the contract;
  3. The defendant failed to perform their part of the contract; and
  4. The plaintiff sustained damages caused by the defendant’s breach.

Here, if you agreed to pay your loan and failed to do so without the plaintiff's consent, you likely breached the contract.

Unjust Enrichment

An unjust enrichment claim essentially means that the defendant received a benefit at the plaintiff’s expense, and the benefit was not intended to be a gift. For example, if you own a lawn mowing company and your neighbor asks you to mow their yard, you do and leave the invoice at their door, but they refuse to pay, they have been unjustly enriched because their yard was mowed at the cost of your labor and you received nothing in return. For a successful unjust enrichment claim, the plaintiff must prove the following elements:

  1. The defendant received a benefit;
  2. The benefit was received at the plaintiff’s expense; and
  3. Under the circumstances, it would be unjust for the defendant to retain the benefit without commensurate compensation.

Here, if the bank gave you a loan and you never had to pay, you received a benefit at the bank's expense. You were unjustly enriched if you did not pay the loan back.

Accounts Stated

An accounts stated cause of action is a claim for payment where the plaintiff sent an invoice to the defendant, and the defendant failed to pay or object to the invoice in a timely manner. In the lawn mowing business example, if the plaintiff mowed the defendant's yard and immediately went and handed them an invoice, but the defendant said this is not the amount we agreed on, there is no accounts stated claim. However, if the defendant did not object and rather said, “I will pay within 30 days,” but failed to pay within 30 days, there is an accounts stated claim. For a successful account stated claim, the plaintiff must prove the following:

  1. The account was presented;
  2. The account was mutually accepted as correct; and
  3. The debtor promised to pay the amount so stated.

Do I Have To Pay The Amount Bankers Healthcare Group Is Claiming I Owe?

In a lot of situations, an experienced attorney will be able to negotiate a settlement that results in a debt reduction. For example, if you owe $15,000, but you can pay $10,000 in a lump sum, Bankers Healthcare Group may be inclined, after discussion, to accept the immediate $10,000 rather than take payments over a long period of time.

What Are Defenses Against The Allegations Outlined In The Collection Of Debt Complaint?

There are a number of defenses that a defendant may employ. To fully understand which defense may apply to your case, it is essential that you contact an experienced and knowledgeable attorney. The defenses include, but are not limited to:

  • Mistaken identity
  • Statute of limitations
  • You were only an authorized user
  • Lack of assignment
  • Bankruptcy

Statute Of Limitations On Debt In New York

On April 7, 2022, the statute of limitations on debt in New York went from six years to three years. This means that if a collections lawsuit does not begin within three years of the date of default, the business may not bring a lawsuit to collect the debt. The date of default is generally 30 days after you made your last payment, or how otherwise defined in the loan agreement.

Can I Negotiate A Lower Settlement Than What I Allegedly Owe?

The simple answer is yes. You can negotiate a lower settlement than the amount the complaint is for. However, this is a complex task that takes an attorney’s knowledge of Bankers Healthcare Group and consumer lawsuits.

Hiring A New York Consumer Claims Attorney

If you have or someone you know is being sued by Bankers Healthcare Group for a debt you may or may not owe, it is essential that you hire an experienced and knowledgeable attorney. Therefore, if you have received a collection notice or are being sued for a matter pertaining to Bankers Healthcare Group, call (888) 301-0584 or reach out online for a free, confidential consultation today.