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David A. Fernandez, P.C.

Credit Card Debt Defense

Are you drowning in debt? Are aggressive debt collectors snapping at your heels? If this is the case, then you are not alone. Americans are constantly bombarded with inflated bills and payments including mortgage payments, automobile payments, insurance payments, telephone bills, etc. The sad consequence of this is that millions of Americans resort to credit cards to make ends meet and quickly accrue a substantial debt they have no means of paying back. Moreover, the ramifications of credit card debt and unhealthy debt management takes an emotional toll on people causing undue stress and anxiety. This does not have to be the case.

Overzealous debt collectors hoping to collect added interests on substantial outstanding debts target these same people. While not every debt collection agency practices shady means of collection, a substantial few break the law when attempting to collect a debt. If you are ever harassed in any way by a credit card debt collection agent or agency, you are liable to seek damages for their transgressions.

Are you being sued for credit card debt?

Another practicality people with outstanding credit card debt face is being sued by their creditor. While not common practice, creditors can sue to collect an outstanding debt. Typically, creditors will only resort to a lawsuit if the debt is substantial. However, sometimes, a creditor will resort to deceptive means in attempt to collect the credit debt.

As a consumer lawyer focusing on Credit Card Debt Defense, Attorney David Fernandez can help you mount an aggressive defense and pursue grounds for case dismissals and substantial discounts on your credit debt for you.

IT IS POSSIBLE TO BEAT A CREDIT CARD OR DEBT COLLECTOR LAWSUIT!!!

Don’t ignore a collector lawsuit!!!

Throughout the state collectors are filing thousands of suits against debtors. The collector is either the original creditor or a debt buyer. The distinction is very important.

DEBT BUYER LAWSUIT

A debt buyer is a company that purchases debt from the original creditor – the original company that provided you with credit. Debt buyers often can’t prove their case. To determine this, a skilled attorney will pose questions to the debt buyer during the process called the discovery period. The debt buyer’s responses will indicate whether the collector can meet each element of his case. Very often they cannot!!!

A skilled attorney can get a debt buyer’s case dismissed without the client having to pay a nickel to the collector. Dismissal of a debt buyer case is a likely outcome no matter if you owe $1,000.00 or $50,000.00 so it is best to hire an attorney that will vigorously defend and pursue dismissal of the case.

CREDIT CARD LAWSUIT

Original creditors like Citibank, American Express and Discover are becoming more aggressive with debtors by filing suit. Very often you won’t even be warned that you are being sued and before you know it you are being served at home or at work.

In order for the original creditor like Citibank to prevail on his breach of contract action, it must have evidence of a signed agreement between the creditor and the debtor. Amazingly enough, credit card companies are notorious for keep poor records.

Often there are amendments to the agreement and interest increases to the original agreement and these must be produced as well.

Here at the Law Office of David A. Fernandez, PC, we fight to ensure that all elements of any cause of action are proved. You can be sure that we will do everything possible to get your case dismissed without you paying any money to the collector.