Tag Archives: debt lawyer

Third-Party Debt Collectors’ Burden of Proof When Sued for Credit Card Debt

credit card lawsuits

If you’re sued for credit card debt by someone else other than the original creditor, that “third-party debt collector” has an extra burden to prove in court in order to win. A third-party debt collector, properly referred to an “assignee,” is typically a debt-collection firm that buys accounts that are in default from creditors. They...

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Lawsuit Over Process Server Fraud Seeks to Vacate 100,000 Credit Card Lawsuits

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If you have any experience with the debt collection industry or credit card lawsuits, you’ve heard the term “gutter service.” It is a term used to describe a scenario in which a process server, who is supposed to serve a defendant with a summons and complaint in accordance with the Civil Practice Law and Rules,...

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When Credit Card Lawsuits Go Bad – Debt Lawyer Sanctioned for Pursuing Invalid Credit Card Debt

credit card debt

In the matter of Erin Servs. Co., LLC v Bohnet, 2010 NY Slip Op 50327(U), a Nassau County District Court case, the tables turned on a debt collection company pursuing a credit card debt against a defaulting debtor. This assigned credit card debt lawsuit commenced in 2004, and resulted in a default judgment against the...

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