New York City Credit Card Lawsuit Lawyer
About Credit Card Lawsuits
New York City lower courts have been dubbed "the credit card courts" because of the massive volume of credit card lawsuits brought by banks, lenders, and debt buyers. Many cases, particularly debt buyer cases, are frivolous and abusive. Debt buyer lawsuits are a relatively new – and fast growing – segment of the debt collection industry. Between 2006 and 2008, the top 26 debt buyers extracted more than $1 billion in judgments against New York City residents. Credit card debt comprises of about 70% of debt buyers' portfolio. Debt buyer lawsuits are overwhelmingly concentrated in New York's lowest income communities and communities of color with devastating results. Armed with money / default judgments, debt buyers can seize people's assets, freeze their bank accounts, and garnish wages to collect their debt.
Judgments also appear on credit reports preventing people from being able to secure housing, obtain credit, or find employment. Judgments are enforceable for 20 years, and even longer in some cases.
A legal aid study shows that in nearly two-thirds of cases, debt buyers were represented by one of five law firms: Cohen & Slamowitz, Forster & Garbus, Mel S. Harris and Associates, Mullooly, Jeffrey, Rooney & Flynn, and Rubin & Rothman. We battle these law firms over and over in debt collection lawsuits.
After defending against hundreds of credit card lawsuits, The Langel Firm has developed a niche and a unique competence in defending against these cases. Specific challenges to evidence and exposing collector violations are fundamental to our success. We are constantly studying the evolving consumer laws in this specific area of practice.
So contact us for a free consultation with a New York debt defense attorney to examine
Debt Collections Defense Attorney in New York City
When you are facing a credit card lawsuit, you need to rigorously examine all the facts of the case and question every part of it. For example, who sued you? Is the plaintiff a bank or debt buyer? Is the company licensed to collect debts? Is it registered to do business in New York? Have you been properly served? What are the legal theories of the case (eg. breach of contract, account stated, goods sold and delivered)? Have any facts been misrepresented? Do all communications have required disclosures? Where is the credit application with all subsequent amendments and disclosures? Which state law governs? Where is the creditor principally located? Were you sued in the proper county? Where, exactly, is all interest and fees coming from? Is the creditor claiming attorney's fees? If so, based on what authority?
These are just some of the questions considered when examining your defense to a credit card lawsuit.
Contact a New York debt defense attorney today for a free consultation.