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Kansas City Divorce Lawyer - (816) 454-5600

DEBT COLLECTION

DEBT COLLECTION FROM A DEFENSE STANDPOINT

 

Have you been sued by a debt collector?  The current trend is for debts to be sold from first parties (i.e. Discover Card, Mastercard, and other credit card companies) to other companies.  Many times these debts can be sold several times, ultimately landing in the hands of companies that buy these debts for pennies on the dollar.  The companies then have a stable of attorneys that take a “shotgun” approach and sue virtually all individuals whose debt was purchased in the hopes that the individual will default and not appear in court.  At that point, the company has a judgment against the individual that may even be beyond the statute of limitations but is still a valid judgment because the individual did not appear in Court on the designated court date.  However, once they have their judgment, there is nothing you can do except file bankruptcy or try to work out a deal to get it paid.  If you are sued by one of these companies, these cases can typically be beaten in court if the case is properly defended.  The companies normally cannot prove their case well enough in court.  However, you have to make the right objections to the evidence and it is usually very difficult to beat these cases unless you have competent counsel.

 

I have been fortunate over the past several years, as this trend has been increasing, to have the opportunity to represent many defendants.  In almost every case, the lender has not been able to prove the case and the cases have then been dismissed.

 

We are seeing a huge influx in these types of case, probably as a result of a poor economy and the various credit card lenders being unable to collect those debts and then selling the debt to various other companies.

 

If you have been sued by a company that has purchased one of these debts (you can usually tell by reading the Petition who the original creditor is), then you should contact this office at once.

 

Do not let these shady companies get to you.