Media, PA debt collection defense attorney Robert G. Williamson represents clients in credit card collections cases, mortgage foreclosure, and student loan debt collection.
In order to prove its right to a judgment in a credit card collection case, a credit card issuer or debt buyer (plaintiff) must prove that the credit card was issued as the result of an written agreement between the issuer and the person to whom the credit card was issued (defendant) and that the defendant failed to pay an amount stated in a written statement. The plaintiff must also prove the interest rate owed pursuant to the original agreement.
Most credit card collection cases are brought by third party debt buyers, not the bank or company that originally issued the credit card. These third-party buyers, often called “debt bundlers”, are often not able to prove the existence of the original credit card and/or the agreed rate of interest because the original issuer lost the original loan document or simply did not give it to the debt buyer.
The documents and standard of proof required to prove these elements of the plaintiff’s case are set out in the landmark 2011 PA Superior Court Case of Commonwealth Financial Systems v. Smith,, which originated in Delaware County. Commonwealth Financial Systems was a debt buyer. The Superior Court affirmed the decision of Judge Burr of the Delaware County Court of Common Pleas, who had ruled that a debt buyer, in order to get a judgment, must introduce into evidence a copy of the original agreement along with other documents produced at or near the time of the original credit card agreement by the original credit card issuer.
Before Commonwealth Financial Systems case, debt buyers often obtained judgments without actually producing a copy of the original agreement. Instead, they introduced copies of debt buying agreements covering sometimes thousands of accounts and computer records which they themselves generated after purchasing the defaulted credit card debt. Some debt buyers are still attempting to do that today, and some issuers of credit cards attempt to sue without producing any agreement signed by the person holding the credit card.
Another defect in many of these collections cases is that they are filed years after the statute of limitations bars them from being filed.
If you are sued on credit card or other type of consumer debt, you need competent legal defense of the suit. At Williamson and Williams, we can analyze your situation and provide you with a competent and vigorous defense.
If you are being sued for money, contact Media collection defense attorney Robert G. Williamson for a collection defense consultation and competent and vigorous collection defense today.