Debt Collection Lawsuits
Although, a debt collection lawsuit against you may seem like a challenge that you cannot win or afford, these lawsuits are very winnable and can be surprisingly affordable.
If the entity suing you is a debt-buyer (not the original creditor), you have even more potential defenses at your disposal.
Bernhardt Law brings experience from having previously represented many collection companies.
Bernhardt Law evens the playing field!
Have a former collection attorney represent your debt defense. We defend many debt cases across the entire state of Florida. Call us to discuss your case, even if you’re not in the Tampa Bay area.
Winning a Debt Defense Case
If you win your case against the entity suing you, THEY PAY YOUR ATTORNEY’S FEES in the following circumstances:
1. You’ve been sued and you hired an attorney.
2. The Contract or Terms & Conditions has a section that states they get attorney’s fees if they win the case.
3. You are the prevailing party in the case.
Credit Card or Financed Purchase
If you have been sued by a company trying to collect on an alleged debt based on a credit card or financed purchase, you are not alone. The courts are flooded with these types of lawsuits.
Companies are attempting to collect debts in mass quantities. This means that many of the alleged debts they pursue are not legitimate, or simply cannot be proven.
Car Loan Debt
Auto deficiency lawsuits can be very difficult for the company suing you to prove. Sometimes these types of suits arise several years after the car is turned-in to the dealership. Thus, the company suing you might not have all the necessary documents in their possession, nor have they the ability to obtain the witnesses to authenticate the documents.
Some additional defenses may include:
Along with the original dealerships, common debt-buying companies that sue for alleged auto loan deficiencies include Cascade Capital, LLC, Jefferson Capital Systems, LLC and others.
Debt Collection Harassment
Collection companies are governed by strict rules and regulations. These regulations are intended to protect consumers from deceptive and harassing collection efforts.
Violations may occur if collection companies:
There are many other ways collection companies violate federal or state acts put in place to protect consumers. Call us today if you are being harassed by a collection company.
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