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Showing content with the highest reputation on 09/15/2019 in all areas

  1. Well, I haven't been an attorney long. But I have never seen any debt buyer in NY doing field trips to OC to get acquainted with their business practices. That would present interesting legal issues to litigate though. In the case law I've read, it is pretty clear that only having custodian testimony, without more, is not enough in NY. I know a collection attorney who represented a medical JDB. He told me the JDB and the medical provider had an agreement that the medical provider would be available to provide affidavits for motions and show up at court appearances to testify. I have NEVER seen that among the consumer credit plaintiff's and JDB's. I've handled about 5 JDB cases now. When I have pressed them for names and addresses of witnesses to appear at trial; and have taken discovery seriously; they have all folded. They know they can't prove their cases and go for the low hanging fruit. I've gotten three dismissed via agreement, one was for a sum of $33,000. And today I got one dismissed via a judges order where the judge denied a JDB summary judgment and granted the cross-motion to compel arbitration.
    1 point
  2. I am still around but don’t get on here as much. Yes you need to find out how service was made. Often I find that someone you were living with may have been served and may have not told you or people forget if it was a while ago. If service is valid then you have limited options. First things is file for a claim of exemption if you have kids or pay 51% of another person’s living expenses. You have to do this quickly as there are time limits. You will have to attend a hearing and prove that you are head of family and your wages were in the bank account to get your money back. The other thing is that you could possibly talk to the creditor’s attorney and settle the debt, however if the judgment is a few years old it may have ballooned to a large amount compared to original debt due to interest. Last thing is you can file bankruptcy but not as likely to get your money back if they already got it. And would only do that as last resort if you have other debts you’ve been sued for or are in danger of getting sued for. Florida has had some unfavorable case law the last few years that favor creditors so it’s gotten harder to fight these cases and the JDBs are not giving up as easily anymore.
    1 point
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