Victory for consumers in a Fair Credit Reporting Act case! The government is not above the law in cases where it refuses to remove false information from a consumer report. In the attached opinion, this firm defeated the government’s attempt to weasel out of the law that applies to all furnishers of credit information. Order Denying Defendant’s Motion to Dismiss
I was in Court the other day, representing a client who was being sued by a debt collector. Prior to my client’s case being called, I watched a debtor try to explain to the judge why she did not owe the debt. Her explanation sounded plausible, but the judge gave the debt collector a judgment for the full amount.
You might ask, “Why did this happen?” Well, it turns out that the debtor failed to answer the complaint correctly, missed a deadline for answering discovery, and did not respond on time to a motion filed by the debt collectors attorneys. The judgment was over $10,000.00.
The judge called my client’s case next. It was a lawsuit for more than $10,000.00. I pointed out to the Judge that the other side had failed to meet a crucial deadline. The Judge agreed and the debt collector’s lawsuit became worth very little. After that hearing, the case settled for a very small amount. My client saved over $7,500.00 and more importantly, my client did not get a judgment on his credit report.
The difference between these two outcomes is stark.
If you are sued, get a lawyer who knows what he or she is doing.
Many consumers call my office because they have been served with a lawsuit or someone has attempted to serve them with a lawsuit.
The obvious question is, “What do I do now?”
The simple answer is this: “First of all, do not try to avoid or “duck” service. It will only lead to more problems later. Second: Get an attorney. If you do not have an attorney in court, you will lose. They will bury you.The lawyer you hire does not have to be me, but it should be someone familiar with consumer credit and consumer rights.”
Some consumers throw their hands in the air and say, “What’s an attorney going to do for me? It was my credit card/car loan/medical bill.”
The answer to this question is, “You need a good consumer rights attorney. A good consumer rights attorney will review all of the claims against you and see if there are any defenses to the lawsuit that you might not know about. An experienced consumer advocate knows all of the debt collector scams and lies. A good attorney can see the weaknesses in the collector’s case and advise the consumer accordingly. good consumer rights attorney knows all of the complex court rules, statutes, and regulations and is familiar with both the judge and the opposing counsel. A good attorney will stand between you and a civil judgment. A good consumer rights lawyer will review your court papers, collection letters, and phone messages for violations of state and federal collection law.”
If you need a great consumer rights attorney, contact the National Association of Consumer Advocates. Or you can call my office if you are being sued in Michigan. I have saved my clients thousands, sometimes tens of thousands of dollars.
Do not go in to court without an attorney.