Collection Defense Cases

We defended 2 collection lawsuits for P.B. Sometimes, a basis exists to not only get the lawsuit against our client dismissed but to file a counterclaim against the party that sued our client and recover damages against it partially reimbursing the client for the fees paid to defend the suit. P.B. faced suits in which it was alleged he owed nearly $18,000. We were able to resolve both suits by not only getting the creditors to give up their claims against our clients and have reference of the claims deleted from the client's credit reports but to also pay our client a total of over $6,000 to resolve our counterclaims against the creditors for violations of collection laws.

L.S. faced a lawsuit from her former attorney alleging that she still owed him in excess of $48,000 for services he had performed in connection with a contract dispute and bankruptcies. When we first started representing L.S., the former attorney was proceeding very aggressively against our client. He had obtained a judgment against her, was harassing her with discovery requests and requests for discovery sanctions and, most importantly, had garnished her bank accounts to enforce the judgment. We had to move quickly to investigate the claims, the bases to open the judgment and set aside the garnishment, and defend the motion for sanctions. To do so, we had to review the large files at the courthouse to see the reasonableness of the work the former attorney was billing client for. Despite having little leverage, we were able to negotiate a settlement that removed the garnishment against the client's bank account, stopped the discovery abuse, dismissed the discovery sanctions motions and reduced the amount the client would have to pay by about 1/2 through payments she could afford.

F.M. and S.M. also faced a lawsuit from their former attorney for $37,000 for services rendered. In the course of our investigation, we discovered the clients may have a counterclaim against the attorney for collection law violations. Although the value of the counterclaim was minimal compared to the attorney's claim, it gave us leverage to negotiate a favorable settlement requiring the clients to pay less than 25% of the amount claimed as due.

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