Debt Collection Defense

Gary Gibson with the Law Firm of Carabin Shaw defends  individuals who have been sued on  credit card debt and/or alleged debt.

Increasingly, debts are being sold by creditors in mass amounts to “debt buyers”. Debt buyers generally purchase defaulted bulk consumer obligations for pennies on the dollar and then file a large volume of lawsuits on the purported debts, claiming to be an assignee of the debts. These companies hope for a windfall return, preying on unrepresented consumers or those who do not show up and allow a default judgment to be entered.

Collecting on a debt is not an easy process, especially for a debt buyer. The law requires the plaintiff to show that it owns the consumer’s specific account. Even if the collector can overcome that hurdle, it must prove that the sum it seeks to collect not only is permissible under the written agreement with the creditor, but also correct in amount.

A debt collection case is largely a matter of evidence, and we are specialists in the evidentiary issues key to defending such a case. It is not wise for a consumer to represent himself or herself in such cases. The debt collector has a lawyer, and so should you. Also, debt collection often leads to violations of the fair debt collection laws. Consumers generally do not know it, and think that they are being “outsmarted” by the collection lawyer. We can spot those issues and possibly bring a countersuit for the consumer.

We are experienced in defending debt collection cases. Please feel free to contact us with your issue.