Courtrooms can be difficult to navigate. The procedure is complicated, the language is confusing, and the hours are inconvenient. Often, because the courtroom setting is so unfamiliar, people are intimidated by it. But, as surprising as it might be, consumer debt defendants are often in a better bargaining position in court than they would be outside of court.
When consumer credit defendants properly assert their rights, Judges will hold credit plaintiffs and debt collectors accountable in ways that would be impossible outside the courtroom. For instance, if a debt collector can’t prove its right to sue for a debt, a court can enter a judgment that will prevent the debt collector from pursuing the debt further. This would never happen outside of court. Outside of court, a debt collector may convince a borrower to agree to pay a debt, even though the debt collector doesn’t have the evidence needed to win the case in court.
In fact, if it turns out that the lender or debt collector never had the evidence needed to pursue the debt in the first place, then any negotiation the borrower took part in will turn out to have been pointless. This makes the prospect of going to court seem advantageous, however burdensome the actual process might remain.
Of course there are some risks involved too. But with good legal advocates, borrowers can at least make sure that they are not agreeing to pay debts that collectors would not have been entitled to in court.
If you are facing debt collection or credit issues, and would like to speak with an attorney, call 516-858-2620 today to schedule a free consultation with The Law Firm of Vaughn and Weber.
Debt Collectors Coming Up Short
Debt collectors are third parties that buy debts from lenders. More specifically, debt collectors buy the right to sue for a debt. The problem is, they don’t always have all the evidence they need to actually win the lawsuit.
Luckily, the attorneys at The Law Firm of Vaughn and Weber also know how to spot the weak points in a debt collection case. If you are being sued by a debt collector, or have other legal questions, feel free to call The Law Firm of Vaughn and Weber at 516-858-2620 to schedule a free consultation.
*Contributions to this article were made by Jason Mays, J.D.
We have been successful in getting debt collectors to drop their lawsuits against our clients.
In a recent case of ours, the debt collector filed a 1 page complaint seeking thousands of dollars in alleged unpaid charges. We defended the debt collection lawsuit by filing a 21 page response. A few weeks later the debt collector voluntarily dismissed its lawsuit with prejudice.
Most of us have heard that banks are having trouble foreclosing on home loans because they can’t “produce the note.” Well, debt collectors are having similar issues. Basically, debt collectors can’t prove that they are the proper party entitled to enforce the alleged credit agreement.
We proudly assist residents of Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with debt settlement and debt collection defense. Call (516) 858-2620 to arrange a FREE consultation with an attorney!
“I should have done this sooner.”
Recently, we have had more and more individuals come into our office who have tried to alleviate their debts by hiring a debt consolidation, debt resolution, debt settlement, or some other “get rid of your debt quick” company. Many of them have paid thousands of dollars to these companies. Most of them have only had one or two, if they’re lucky, debts actually settled. After we explain how bankruptcy works and the client decides that filing bankruptcy is in their best interest, they almost all say “I should have done this sooner.”
Get a free bankruptcy Consultation!
So, if you’re feeling overwhelmed by your bills and debt collectors are ringing your phone off the hook , it would be wise to obtain a free consultation from a bankruptcy attorney before you hand over what little money you do have to some company with a fancy commercial and/or website.
We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.
Call (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney!