Hundreds of individuals in Schuylkill County find themselves being sued by debt collection law firms each year as a result of credit card debt. Such lawsuits are oftentimes filed by out of town debt collectors, and are initiated either in magistrate’s (small claim) court or in the Schuylkill County Court of Common Pleas, located in Pottsville.
Many of these debt collection law firms, and the creditors whom they represent, do not have the appropriate documentation to prove their case. It is important to keep in mind that debt collection lawsuits, require the Plaintiff to prove its case by a preponderance of the evidence.
Generally speaking, this requires the creditor to provide a copy of the signed contract evidencing a credit relationship, as well as an itemization of the individual charges allegedly incurred as part of the debt.
Many people are surprised to find that a lot of creditors do not have this critical information. Instead, many of the debt collection lawsuits are filed by creditors with the hopes that the Defendant will not oppose the suit, which enables the creditor to win by default.
Our office has successfully defended these kinds of suits, and we have developed tactics that enable us to defend many such suits using various cost-effective manners. We are frequently able to have these lawsuits dismissed on technical grounds, denying the creditor the ability to recover any money. In other cases, where the creditor has sufficient records to establish its case, we will work with you to negotiate a settlement of the debt, typically at a fraction of the value of the alleged claim.
Alternatively, if the debtor has a sizeable amount of debt from numerous creditors, our Schuylkill County bankruptcy attorneys may be able to assist you to protect your existing assets, and help to re-establish control of your financial situation.