Credit Card Lawsuit in Florida – Fighting back against Junk Debt Buyers

Junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, CACH, LLC continue to sue Florida consumers for debts they did not originate every day. For many consumers, their credit card lawsuit goes undefended.

In a recent study by the Federal Trade Commission junk debt buyers are paying, on average, 4 cents on the dollar for this debt. Florida consumers are being targeted by a credit card lawsuit that seeks to collect this debt. These companies – Midland Funding, Portfolio Recovery Associates, Cach LLC and others – may be buying these debts in agreements that encompass hundreds, if not thousands, of accounts at a huge discount and then trying to collect the full face value of that debt. These companies are stating in the documents that they are filing that they are owned the debt – often ambiguously. The problem is that most, if not all, consumers did not take out a loan or credit card with these companies.

Midland Funding, Portfolio Recovery Associates, Cach, LLC, and Cavalry SPV I bring a credit card lawsuit (or an account stated lawsuit) after they have purchased these debts. They give basic information – a purchase and sale agreement or affidavit – and seek to get a judgment against consumers in court. Generally, these lawsuits are for damages that are less than $15,000 – which puts them in county court.

Can you defend a credit card lawsuit?

The simple answer is that generally, most of these cases are defensible. The problem for Midland, Portfolio Recovery Associations, or CACH LLC is that they have a hard time explaining how they are entitled to enforce the debt. Generally they need agreements that they do not want publicly disclose. This is where actually putting up a defense is key. Most of the time, these lawsuits go undefended and end up with default judgments followed by garnishment and years of debt collection. After they get their judgment it is very difficult to get a judge to change his mid. Oftentimes this leads to bankruptcy.

Getting an attorney involved early in the process is key. The earlier from when you are served allows an attorney the most time to try to litigate real issues in your case and do discovery. This allows for them to depose corporate representatives to understand just what will be faced at trial.

How are we different

We focus not only on standing and evidentiary issues, but also consumer collection violations that may give your case some added strength. Generally, for defense of these suits, we take reasonable flat fee type of charges to save you and your family money while having the benefit of an attorney. If we discover an FDCPA or FCCPA lawsuit, we generally take these cases for only the costs of filing and we will not get paid unless you win!

If you would like to speak to me regarding defending your suit, time is of the essence. In some instances a court date may already be set (if the case is for less than $5,000). Call me today at 813.502.6768 for a no obligation consultation.

 

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Bryant H. Dunivan Jr., Esq.

Partner at Owen & Dunivan, PLLC
Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.

Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.

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