Recently my office was able to negotiate a settlement of a Broward County credit card lawsuit that was brought by Discover Card. Before I reveal the amount of the settlement I want to take a brief moment to explain the two different types of cases that come through my office and the difference between them.
The first type of case is what is called an original creditor cases. These cases are filed by the company that directly loans money to the debtor/defendant. The name of the Plaintiff in this type of case would be American Express, Discover Card, Bank of America amongst many others. The other type of case is called a debt collector cases. These are cases that are filed by companies that don’t loan the money but rather purchase debts from the original creditor usually for a large discount. These are brought by companies such as Portfolio Recovery Associates, Midland Funding, Asset Acceptance, National Collegiate Student Loan Trust, and many others. From a legal perspective and when it comes to defending these cases, the debt collector cases provide for much stronger defenses. The reason being is that the more a debt is sold and transferred the more people who are required to attest to the correct balance of the debt and it becomes more difficult for the Plaintiff to prove ownership of the debt. Since these cases have many potential flaws they are easier to win if they go to trial and thus facilitates better possible settlements.
Back to the case that I recently settled. This was an original creditor case with very limited defenses available. After engaging in some limited litigation my office was able to settle our client’s case for $2,000 and a payment plan. Although we always would love to get all our cases dismissed and our clients not paying any amount it’s not always the case.
If you have been served with a Broward or Miami credit card lawsuit call The Law Office of Shaya Markovic, P.A. at (786)529-2176 for a free consultation. My office is open during the evenings and weekends for your convenience.