Facing suit by a Credit Card or Debt Collector?

If you have been sued by a credit card company or a debt collector do not be afraid. Seek representation immediately! Many times credit card company’s or debt collectors take advantage of those that do not seek representation. I have heard some horror stories, such as debt collectors using harassing language, threaten to put my clients in jail, or multiple calls a day including at clients place of employment.

There are multiple laws that these debt collectors must follow when filing suit. A big one is the Fair Debt Collection Practices Act (Florida has its own statute titled the Florida Consumer Collection Practices Act). If the debt collector uses harassing language, threatens to throw you in jail, or calls at all hours of the day, this statute can be used to counter sue the debt collector, dismiss the case, and get money in your pocket! In addition, the debt collector must be able to prove Standing (the right to be in Court) and they must be able to prove damages. Often, the debt collectors do not have the proper paperwork and are unable to meet their burden. If this is the case, we will be able to get the case dismissed or force a very favorable settlement.

Recently, Benjamin Law Practice, PLLC was retained on a credit card suit where the consumer already had a judgment entered against him. Most firms would have walked away from this type of case or pushed bankruptcy on the consumer. Our firm thinks outside the box to help consumers resolve their debt issues in a way that is best for the consumer. The firm was able to identify a huge problem with the Judgment, filed a 1.540 motion to vacate judgment, and created instant leverage. What transpired subsequently is what happens quite often in these cases. The creditor did not wish to litigate against our client, conceded their judgment was void, and threw in the towel. Ultimately, they offered our client a settlement that could not be passed up which resulted in a dismissal of the case.

Benjamin Law Practice, PLLC has assisted countless consumers all over Florida resolve their debt issues. We have stopped a number of collection cases and dismissed many of these cases.  The proven results speak for themselves. Let us put our experience to work for you with an aggressive and trustworthy representation at an affordable cost. Don’t be a “number” at a big firm. Be part of the family with Benjamin Law Practice, PLLC! Please check out our website at www.benjaminlawpractice.com for further information, including contact information.