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People often fear court and the bad things that can happen when they get sued. I will admit that it’s not always the friendliest of places and sometimes bad things can happen. In our debt settlement practice we often have potential clients come in once they have been served. They are nervous, upset and confused by the whole process. The good news for those we encounter is that they have decided not to ignore the problem. Even better, they are seeking the assistance of counsel. As the following article points out, those that actually challenge these suits stand a fighting chance.

http://thetimes-tribune.com/news/business/more-people-challenging-credit-card-debt-collection-1.1391150

We wish more people would stand up to these creditors. The system of selling and buying what I refer to as distressed debt is flawed. Shoddy record keeping oftentimes leads to a successful resolution of a lawsuit. The record points out that a majority of these lawsuits go unchallenged. That’s what the banks are hoping for — an easy court victory. That way they can go about the collection process by garnishing wages or levying on a bank account. It shouldn’t be this easy for creditors. If you have been sued, it’s worth speaking with an attorney to determine if you have a chance to fight the claims. Some people might argue that this is just playing the system. But the truth of the matter is that if you file a suit, you must have the facts to prove up your case. If you can’t, you don’t deserve to be heard.

 

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Kevin Fallon McCarthy is the McCarthy Law PLC’s managing attorney and an experienced Phoenix debt attorney. Mr. McCarthy has also worked as general counsel for a large corporation. He has corporate counsel experience in human resource matters, general corporate governance, and union class action litigation.