Lawsuit Defense

15 Mar

Portfolio Recovery Lawsuit DISMISSED

March 15th, 2017

Our office was recently retained by a client who was sued in Miami Dade by Portfolio Recovery Associates LLC for a credit card debt. She informed us of some personal issues she was having that resulted in her not being able to keep up with some of her debt payments. Many of her debts were sold and transferred between different debt collectors. Our office immediately went to work reviewing her case and noticed numerous issues with the lawsuit and exhibits attached. We've also litigated and sued Portfolio Recovery Associates on numerous other cases and ...

10 Year Old Judgment Vacated

February 27th, 2017

A few times a month my office receives a call from a potential client who finds out their wages are being garnished or their bank account has been frozen and they have no idea why. The only way for that to occur is either the government or more commonly through a judgment and court order. In almost all these cases, the Defendant claims they were never served with a lawsuit. If a person was never properly served with a lawsuit, the judgment would be invalid - assuming the correct steps are taken. The problem that arises ...

What Is a Miami Default Judgment

February 23rd, 2017

What is a Default Judgment?As a Miami debt defense lawyer, I get a lot of questions about default judgments, such as what may happen if a defendant doesn't answer a lawsuit or a defendant just learned there is a judgment against him or her and wants to know how it happened and what can be done. Florida Rules of Civil Procedure 1.500 states: Defaults and Final Judgments Thereon(a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may ...