Jul 15

If you are facing a debt collection law suit or you are being sued because of your outstanding debt your best strategy for defense is to focus on documentation. Insist the debt collection agency has no documents to show that you indeed owe the debt.

This worked successfully for a New Yorker. The case was profiled in New York times. Article courtesy of New York Times

At a civil court hearing in Brooklyn in March, Judge Noach Dear demanded documents from Cohen & Slamowitz supporting its claim that Herman Johnson of Brooklyn owed $3,797.27 in credit card debt. Mr. Johnson disputed the claim.

“What proof did you have that this is the true gentleman that you were trying to pursue?” the judge asked David Robinson, a lawyer for Cohen & Slamowitz, according to a transcript.

“Just his Social, his date of birth, and his address and the account,” Mr. Robinson said.

“That’s all you have?” the judge said. “So if you have somebody’s Social number, date of birth and address, you could sue them without any other information?”

Mr. Johnson’s case was dismissed, and Judge Dear last month issued an order requiring, among other things, that Cohen & Slamowitz provide further proof of a debt if a defendant challenged the firm’s claim.

written by Constantine Njeru \\ tags: , , , , , , , , , , , , , , , , , , , ,

Jul 13

Litigations have become a fact of modern life. When people are facing litigation with a potential of hefty fine they tend to ask whether asset protection can work when one is facing litigation.

According to some lawyers. In some cases, yes, although asset planning options are ordinarily narrowed under such circumstances. Asset Protection is a vaccine, however, not a cure, and it is best viewed as preventive medicine. It is very difficult to purchase fire insurance once the fire has started. It is advisable to have the legal restructuring completed before litigation is even on the horizon. It can, however, be very helpful during and after litigation, as well.

So, consult with your lawyer for the best cause of direction.

written by Constantine Njeru \\ tags: , , , , , , , , , , , , ,

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