Credit Card Debt Lawyer

Does anyone know of any lawyers in NY that deals with credit card debt lawsuits? Just got a summons today but the credit never send me a validation letter, and I'd like to know my options. Thanks.

You might click on my profile and click on the naca link I have listed (National Association of Consumer Advocates)
Look for an attorney in your area that works in the consumer credit field.
Many lawyers give free first consults, be sure to ask about that when you call to set up an appointment.

If you are past the collecting SOL (6 years in NY) you might file a counterclaim for them filing on a time barred debt.

You "might" also be able to counter sue under the FCRA if the collector is reporting "incorrectly" and you can prove that you have suffered damages because of their reporting - denied credit, required to pay a higher interest rate, etc.

NY also has their own version of a FCRA that you may be able to claim on.
Take your credit reports and any other info (denial letters, etc) with you when you speak to an attorney.

Under the FTC FDCPA, collectors must cease all collections (including suing) when verification/validation is requested within the first 30 days of the first contact from the collection agency.
If it is requested outside of the first 30 days then collectors do not have to cease collections until they respond.

NY has it's own version of a FDCPA that may require a collector to cease collections when verification/validation is requested.
Bring that point up if the lawyer does not mention it.

Collectors must be licensed in NY to collect. Check and see if they are licensed.
Call the New York City Deparment of Consumer Affairs
Legal Department and ask.

Take "everything" with you when you see the lawyer.
Copies of your credit reports, if you disputed with the CRA's then take copies of your disputes, copies of "every" letter the collector has sent you (never know, there may be a violation in the letter), if you've suffered damages because of the reporting then take whatever proof you have of that, if you filed complaints with any agency (BBB, AG, FTC) take copies of the complaints, etc., etc., etc.

2008-01-19 16:55:51 by Keninho

www.miamibankruptcy.net 305-278-0811Bankruptcy attorney James Schwitalla helps people in Miami, Florida with debt issues including credit card ...

I have a credit card bill for about $4000 that has been closed and bought by a debt buyer (Portfolio Recovery Associates) and they have recently summoned me for a civil suit. From what I've read, I can't have my wages garnished in NC for credit card debt unless they get another state to order the garnishment, but the lawsuit is in a NC court and VA (the state where Portfolio Recovery Associates is headquartered) doesn't seem to allow it either. Also, some sources (credit lawyers' websites) say that debt buyers don't really do well in court because they don't usually have the documentation that they need to prove the case. According to the lawyers, the debt buyers are hoping that I won't show up and they'll get a default judgment - assurance that I'll have to pay and a 20-year extension on how long they have to collect. I have a few smaller past due accounts that I would also like to pay off, but I can't afford to pay everyone at once, especially if i make large lump sum payments on any particular account. I don't have much money and my husband and I are struggling to recover from unemployment issues from the past two years. Therefore, I want to make the best long-term financial decision without spending more money than necessary. Does anyone with experience in this situation have advice? Would hiring a lawyer be worth the money? Is there a way to get a free but legit legal consultation (maybe local government resources)?

First off, Portfolio is a junk debt collector and has to seek judgment in your state of residence. If this debt is older then 3 years, then it is "time barred" or also known as beyond your states statute of limitations to seek legal action. (see source)
Next check to see if the "summons" is real, it should show the court and the docket number. Call the court to verify it is authentic (Portfolio has been known to send phony documentation).
If the debt is time barred then that would be your defense and your reply to the summons.
If the debt is NOT time barred, then you need to contact the court and file a SWORN DENIAL. Most courts have a blank form you can use.
A sworn denial makes it harder for them to prove their case. The sworn denial needs to be typed, signed, notarized, filed with the clerk of the court, and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount".


This eliminates the Sworn Affidavit of Account that the collection attorney has. Now they must produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The witness must be from the original creditor and also provide original documentation. This increases the chance the action will go no further.

As to free legal help, you might qualify for legal aid depending upon your income and assets. Check you local legal aid office.

Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice



Hope this helps answer your question.

2009-08-28 00:14:51 by Tiffany W

Price: $18.50

So, I decieded about a month ago that I NEED to take care of my credit card debt. So, I did the credit report, got a hold of my credit card co, and told them I needed to work a payment plan out, but I will pay. I did this in a letter to them...never heard anything back. I honestly just thought it took a long time for them to do paperwork. Well, today a letter came from a lawyer's office stating I'm being sued over that debt. WHAT!!?? I called the lawyer's office and he said that since my debt was forwarded to him there's nothing I can do but see him in court. He sounded pretty mean too. Is there anything I can do?

-I only have 1 credit card.
Will I go to jail if I can't pay it all in one lump sum?
My debt is only $600.00, btw

First off...I don't think you were sued. You are sued when you receive a summons and complaint from the county where you live. This will normally be a form signed by someone at the courthouse and must be SERVED to you either physically (typically by the sheriff's office or local police or some other person authorized to do so) or via certified mail. But you must have this summons from the court, otherwise it's really just junk mail.

Did you receive a legal complaint along with the summons?

Is there a case and file number listed CLEARLY and OBVIOUSLY by the court?

Second, I would call the county courthouse where you live and ask if there is a case pending against you. I would bet that there is no pending lawsuit. If that is the case, I would write a sternly worded letter to this 'lawyer' telling them that they have violated the FDCPA (Fair Debt Collection Practices Act). If there is no case pending, I would suggest that you copy this letter that you received and send a copy to the attorney general's office in the state where you live. If an attorney did send this to you, they are making some pretty serious errors!

A lawyer who sends you a letter saying he has sued you is a violation of the Fair Debt Collection Practices Act. This is tantamount to forging court documents in order to fool you into paying, and this is ILLEGAL. They can't say that they will sue you unless they plan to do, and they can't send you documents which look or resemble court documents or give the impression that they are so.

$600 is such a small amount of money in the grand scheme! It will cost than more to file a case in court and attorney's fees. Most attorney's on average about $185/hr (depending on their rates), and I find it doubtful that they would waste their money like that on $600.

You didn't say, but has your debt been sold to a collection agency? I can't see a bank suing for $600 unless you did something fraudulent like money laundering or lie to get your credit card.

You won't go to jail, either.

EDIT:
This is section 807 of the FDCPA, (9):
(9) The use or distribution of any written communication
which simulates or is falsely represented to be a document
authorized, issued, or approved by any court,
official, or agency of the United States or any State, or
which creates a false impression as to its source, authorization, or approval.

2008-02-16 07:43:49 by Opt to adopt!

a law office was hire by a back credit card company to collect a deit I own, I have talk to them several time and tried to explain my situation at this time, i recived a letter stating they were threating to make me sell my house to get there money, can they do this legally, and if so how can I counter act it.

I managed a finance company in Maryland, with a judgment even on unsecured debt a lien or sale on real property can take place. Most of the times a lien is placed so that when property is sold the debt is paid. Usually the reason this is done is because their is a mortgage that takes 1st priority. If a forced sale was done the credit card co would have to satisfy the 1st mortgage. I have seen the attempt to sell when there is no liens and it can be done. The debtor in this situation contacted his attorney and found out that the property could sold. So to prevent the sale, he paid the debt off. Keep in mind in most states judgments can be renewed.

2009-02-14 18:12:33 by preciousrose5908

I owe US$ 100K to more than 10 credit card companies/ banks since 1998. I have not been able to repay this debt since 1998 due to financial distress and I have been residing abroad (out of the U.S) since then. Now that my financial situation is relaxed I wish to repay my debt to each of the banks that I owe debt to. However I'm not able to do so because I still reside abroad and it is not convenient to settle this debt from abroad as it require a lot of formalities. How can I find a reliable lawyer based in the U.S who can carry out this job for me.

Um....why?

The debts are most likely past the SOL, they have dropped off your credit reports.....why bother?

They way I see it....when you are delinquent on a debt the creditor gives you a choice. Pay your bill or they will trash your credit for the next 7 years.

Well, you've live with the bad credit...you paid your debt....and now you want to pay it AGAIN?

Walk away! You have nothing to be ashamed about.

2007-05-07 04:21:25 by tarikunb