In Credit Card Debt Lawsuits Collection Attorneys Cannot Afford to Actually Litigate
... credit card debt cases. They could not stay in business if they had to try each case resulting from a summons. Card contracts contain a clause for attorney fees to be paid by the debtor in a debt collection court case, but individual state laws limit those fees to "reasonable fees." California, for example, limits attorney fees to 25 percent of the amount in dispute. In a $15,000 case that would limit attorney fees to $3750. Original account documentation does not exist when a collection attorney represents a junk debt buyer. The original creditor, the credit company, has sold the debt to the junk debt buyer ... an answer demanding proper documentation, the case is dropped. An article on a Fair Debt Collection Practices Act ruling in the Wisconsin Law Journal stated [Palisades Acquisition LLC's, a large junk debt buyer] business model only contemplates obtaining default judgments against debtors, but not actually trying cases. When [the debtor defendant] appeared for the trial at issue in the article, Palisades dismissed the case. To a consumer debtor, who cannot pay, receiving a credit card debt summons from a collection law firm can be unnerving. With the Credit Card Debt Survival Guide, a consumer can learn what language to use to answer their summons with ...
Tags: credit card debt | collection attorney | card debt lawsuits | junk debt buyer | credit card summons |
Tags: credit card debt | collection attorney | card debt lawsuits | junk debt buyer | credit card summons |