This case represents a trend I’ve noticed among the circuit judges here in Alabama: allowing sketchy debt buyer evidence into the record, but finding in the defendant’s favor anyway. My client was a good and honest woman who was working hard to claw her way out of debt. She had recently […]
Back in October 2013, a Mobile woman came to me with a debt collection lawsuit brought against her by Portfolio Recovery Associates. She was in dire straits and had no way to pay for a lawyer, but she also could not afford to lose 25% of her wages to a […]
One of my clients was sued by Cavalry SPV I, LLC for a Capital One Best Buy credit card. They claimed that he owed about $5,000 and that they were the assignees of the debt. That means that Capital One/Best Buy gave up on trying to collect from him directly, […]
If you are not served with the Summons and Complaint in a collection lawsuit, then a default judgment entered against you in that lawsuit is void. That was the point I made to the Mobile County Circuit Court at a hearing on my Motion for Relief from a default judgment […]
Cavalry SPV I, LLC is a fairly standard debt buyer. They purchase old accounts that have been charged off to loss by the original creditor. I have fought Cavalry SPV I, LLC in court before. On August 27, 2013, I tried the case “Cavalry SPV I, LLC v. Andry” in […]
I regularly go to court to fight lawsuits against people who legitimately do owe some money to the people suing them. Is that morally acceptable? Is it ethical for me as an attorney? Yes, because being in financial trouble is not a crime. The people I represent have already tried to pay their bills, but their creditors have chosen to sue them instead of make affordable settlement arrangements. By fighting these suits, I send a message that you should consider working with your delinquent customers before taking them to court. Because if you go to court against a well-defended debtor, you may end up with nothing at all.
Moreover, the banks I fight are all based in big cities far away from my community. I consider it a duty to do what I can to keep as much of the hard-earned money of the people of South Alabama as possible right here. Our local businesses need customers whose wages aren’t being shipped out to Delaware or New York. Everyone wins if the justice system isn’t twisted into some giant collection machine.
When you’ve been served with a lawsuit, the most important thing is to take action immediately. Answer it before the deadline. How do you answer? It’s really simple: you just write down your response to the lawsuit on a piece of paper and take it to the clerk of court. […]