This web site is Attorney Advertising -
ur felis erat. Mauris Di Serif. Nullam lorem sapien
Contact Us At
(845) 531-
The firm has been successfully defending credit card lawsuits throughout New York and New Jersey by providing its clients with affordable and experienced representation. Below is a guide which will hopefully answer some of the burning questions that you have.
This may be the first time you have ever been sued. If you have been sued by a debt purchaser for an old debt or an original creditor (bank or credit card company) the first thing you need to realize is that you are not alone. There are thousands of consumers in the New York and New Jersey area who are sued every week. Unfortunately most consumers make the mistake of not hiring an attorney to defend the lawsuit.
Credit Card Company or Bank Lawsuits.
Once you are served with a lawsuit you have a minimum amount of time in which to respond to the complaint. A large problem is that a lot of defendants never receive the summons and complaint. Unfortunately many people who are in financial distress tend to ignore important mail and often discard the notices advising them of lawsuits. Just because you are sued by your previous credit card company or bank does not mean you have to pay them what they demand or pay them at all. As a plaintiff in a case they still have to prove their case against you to convince a judge that they are due money from you. We are talking about some of the largest financial institutions in the world that have very little interest in really litigating a case against you. As it is now they are owed money. They have just spent more money to file this lawsuit. If you choose to defend the lawsuit they will have to pay even more money to try and prove that they are due anything from you. This whole process is in your favor. The last thing these businesses want to do is spend more money in an attempt to try and collect money. Unfortunately over 90% of defendants do not fight these cases. In most cases a default judgment is entered against the defendant and the credit card company or bank has won without having to prove anything. With a judgment, the original creditor has a lot more power to collect from you than it did without a judgment. The debt is now worth more money if they chose to sell it to debt buyer. With a judgment entered against you your wages could be garnished, your bank accounts or any bank accounts you are joint on could be seized, real and personal property could have liens placed upon them. Judgments will be a matter of public record and appear on your credit report for ten years or more. DON’T BE IN THE 90%, BE ONE OF THE 10% WHO FIGHT. There is a good possibility that if you hire M. Cabrera & Associates to defend you we can get this case dismissed, you owe nothing, or get the amount that is being demanded significantly reduced. Call the firm for a free consultation.
Debt Buyers Lawsuits.
The debt purchasing business has exploded in recent years. Debt purchasers buy portfolios
of debt for pennies on the dollar. The purchasers then farm the debt out to local
collection attorneys who file individual lawsuits. They sometimes attempt to collect
the debts against you with a series of letters and if no payment or contact is made
they file the lawsuits because they want to get a judgment against you. Once again
the debt buyer as plaintiff has to prove their case against you to convince a judge
that they are due money from you. Since the debt buyer has only paid pennies on
the dollar for your debt the likelihood they put forth any admissible proof they
can use against you is very small. When the debt buyers purchased your debt it was
along with a pool of other debts from other people. They generally receive a data
file with your name, address and information about the debt, but no written proof
to support the debt. It is this lack of written proof that dooms almost every debt
buyer lawsuit. In the majority of cases the debt buyer is unable to provide any
admissible proof that you ever even had a credit card or loan. Due to the fact that
they can not prove you ever had a credit card or loan they can not prove you now
owe them any money and generally the case is dismissed. THE FIRM HAS OVER A 90%
SUCCESS RATE OF DIMISSING THESE TYPES OF ACTIONS. Unfortunately over 90% of defendants
do not fight these cases either. In most cases a default judgment is entered against
the defendant and the debt buyer has won a case they could not otherwise have been
won. In other words anyone one not responding to the lawsuit is throwing away an
opportunity to eliminate or dismiss a debt permanently. With a judgment, the debt
purchaser has a lot more power to collect from you than it did without a judgment.
The debt is now worth more money if the debt buyer chooses to sell it to another
entity. With a judgment entered against you your wages could be garnished, your bank
accounts or any bank accounts you are joint on could be seized, real and personal
property could have liens placed upon them. Judgments will be a matter of public
record and appear on your credit report for ten years or more. DON’T BE IN THE 90%,
BE ONE OF THE 10% WHO FIGHT. There is a good possibility that if you hire M. Cabrera
& Associates to defend you we can get this case dismissed, you owe nothing, or get
the amount that is being demanded significantly reduced. Call the firm for a free
consultation. With a judgment, the purchaser can forcibly take money out of your
bank account. This is called a garnishment. They cannot garnish your wages in Texas,
but after you deposit your paycheck, the funds are no longer “wages” and they can
be seized. Another popular reason they try to get a judgment is to hold onto the
judgment until you try to buy, sell, or re-