Lewis, Stolz, Hurt, Frierson & Grayson, LLP

Debt Collection Defense

In our extensive experience with debt collection defense cases, we’ve found it very true that “many people, including some judges, assume that when a collector sues on a debt the consumer almost always owes the money,” (NCLC’s Collection Actions). However, as the credit and “junk debt” buying industries have grown exponentially in recent years, this is sometimes simply not the case. These companies necessarily deal in bulk and the sheer volume of information processed virtually ensures that mistakes will be made.

Unfortunately, with many of these companies, even a proven history of mistakes being made or illegal shortcuts taken has not brought about enough significant change to prevent rampant debt collection abuses. Even in cases we’ve handled for those being sued for debts they admit they owe, these mistakes still come into play time and time again.

Some of the problems we often find in collections suits have included:

mistaken identity
identity theft
incorrect address or improper service of process
incorrect account numbers
illegally inflated balances
illegal added fees, including attorney’s fees
actions brought in the wrong court
actions brought after the statute of limitations has run
lack of assignment of debt
improper assignment of debt

Just because you may owe a debt does not mean that anyone has the right to collect that money from you through the legal process, nor do they have the right to collect more than you truly owe. Once we determine that the entity suing on a debt and the amount being sued for are both legitimate, we are usually able to negotiate a settlement that both the creditor and, more importantly, our clients can live with.

Ultimately, whether a mistake has been made in a collection suit or not, it is important that these cases are defended in order to keep the rapidly expanding credit and “junk debt” buying industries in check. No creditor or assignee should be allowed to take money not owed to them, no matter how much a particular debtor may owe. If a creditor is going to hold you accountable for a penny you have borrowed, we are going to help you hold them accountable for the principles and practices they use to collect that penny.

	CONTACT: Lewis, Stolz, Hurt, Frierson & Grayson, LLP 279 Meigs Street, Athens, Georgia 30601 View Map & Directions P: 706.353.6585 F: 706.354-1785 Submit information request, or: Email: info@lewis-stolz.com
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Debt Collection Defense Debt Collection Defense In our extensive experience with debt collection defense cases, we’ve found it very true that “many people, including some judges, assume that when a collector sues on a debt the consumer almost always owes the money,” (NCLC’s Collection Actions). However, as the credit and “junk debt” buying industries have grown exponentially in recent years, this is sometimes simply not the case. These companies necessarily deal in bulk and the sheer volume of information processed virtually ensures that mistakes will be made. Unfortunately, with many of these companies, even a proven history of mistakes being made or illegal shortcuts taken has not brought about enough significant change to prevent rampant debt collection abuses. Even in cases we’ve handled for those being sued for debts they admit they owe, these mistakes still come into play time and time again. Some of the problems we often find in collections suits have included: mistaken identity identity theft incorrect address or improper service of process incorrect account numbers illegally inflated balances illegal added fees, including attorney’s fees actions brought in the wrong court actions brought after the statute of limitations has run lack of assignment of debt improper assignment of debt Just because you may owe a debt does not mean that anyone has the right to collect that money from you through the legal process, nor do they have the right to collect more than you truly owe. Once we determine that the entity suing on a debt and the amount being sued for are both legitimate, we are usually able to negotiate a settlement that both the creditor and, more importantly, our clients can live with. Ultimately, whether a mistake has been made in a collection suit or not, it is important that these cases are defended in order to keep the rapidly expanding credit and “junk debt” buying industries in check. No creditor or assignee should be allowed to take money not owed to them, no matter how much a particular debtor may owe. If a creditor is going to hold you accountable for a penny you have borrowed, we are going to help you hold them accountable for the principles and practices they use to collect that penny.