Filing Error Prevents Bank from Collecting Debt

Filing Error Prevents Bank From Collecting Debt

Recently, a trial court decided that Citibank could not recover a credit card debt, because its attorney forgot to attach an affidavit to a court filing.  The affidavit should have provided the amount of debt the defendant was alleged to have owed.  Without an affidavit stating the amount of the debt, the court set the damages at zero.

This case occurred in Arizona.  But it highlights the kinds of errors that debt collectors often make when pursuing debts in court.  Similar mistakes can prevent collection in New York Courts as well.

Consumer credit defendants are entitled to certain information; and plaintiffs must submit certain documents to the court.  These matters can seem very technical, and at times superficial.  But the slightest mistake can mean a huge difference for a consumer credit defendant.  This is why it is always best to speak with an attorney before settling a credit card debt, either in or out of court.

Litigation Attorneys in Mineola

If you would like to speak to an attorney at The Law Firm of Vaughn, Weber & Prakope, PLLC, call 516-858-2620 for a free consultation.

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Debt Collectors Misled Borrowers

On September 6, 2012, in Debt collection defense, by Jason Mays, Esq.

Debt Collectors Misled Borrowers

Court Finds that Debt Collectors Misled Borrowers

A debt collection agency recently sent a letter to borrowers telling them that their student loan debts could not be discharged in bankruptcy, and must be paid. The truth is, student loans CAN sometimes be discharged in bankruptcy, although it is uncommon. Read more about this topic here.

Debt collectors misled borrowers often, judging from the number of successful Fair Debt Collection Practices lawsuits against them. If you have been harassed, lied to, contacted at unusual hours, or otherwise abused by debt collectors, you may be entitled to compensation.

Long Island Litigation Attorneys

The attorneys at The Law Firm of Vaughn, Weber & Prakope, PLLC can help in these matters.  Call (516) 858-2620 today for a free consultation!

Bankruptcy or Debt Settlement?

On June 16, 2011, in Bankruptcy, Debt settlement, by Robbie L. Vaughn, Esq.

Debt Settlement vs. Bankruptcy

Debt Settlement Better Than Bankruptcy?

Rarely.

There are some situations which prohibit a person from filing bankruptcy and debt settlement is really their only option to get rid of their debt. Sometimes, the amount of debt or creditors are few and it just makes more sense for the individual to settle their debts rather than file bankruptcy. However, debt settlement  is rarely going to be better than filing a chapter 7 bankruptcy and obtaining a discharge of your debts. Therefore, it is important to obtain accurate information about bankruptcy and debt settlement. Both options should be thoroughly explored.

Bankruptcy Attorney in Mineola

The Law Firm of Vaughn, Weber & Prakope, PLLC,  proudly assists residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings and debt negotiation/settlement.

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

Power of Attorney for Debt Settlement

On May 12, 2011, in Debt settlement, by John A. Weber IV, ESQ.

We have recently encountered some issues during debt settlement negotiations with creditors.  It now seems to be  an increasing trend that creditors are requiring a power of attorney form, even from your attorney, to discuss the creditors accounts.  Generally, a letter of representation or an authorization form is sufficient.  Don’t be shocked however when they refuse to speak with  any person who has not been given an effective power of attorney.  Although it seems to be a little redundant to have an attorney given such powers (which the retainer has seemingly already given him), the hurdle is minor and is generally easier to comply with than to challenge.  If there are any questions or concerns regarding whether or not granting your attorney the power of attorney is a wise decision, then feel free to call us at (516) 858-2620!

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their debt issues.

Call (516) 858-2620 to arrange a FREE  consultation with a Debt Settlement attorney!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan