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Credit Card Defense

Alternatives to Bankruptcy – Credit Card Defense

Sometimes bankruptcy filing is not a good idea. If the client engaged in pre-bankruptcy planning which might be construed to hinder, delay or defraud creditors, such conduct may result in the denial of a bankruptcy discharge and loss of non-exempt assets — the worst of both worlds. In this and similar cases, it is wise not to file bankruptcy but to defend suits by credit card issuers and debt buyers and to assert various defenses and counterclaims which may be available under the federal Fair Debt Collection Practices Act and Texas Debt Collection Act. The attorney writes to each creditor denying the debt and demanding that all contact cease. Debt collectors often ignore such letters giving rise to claims by the client back against the debt collector for damages and attorney’s fees which often exceed the amount of the alleged debt. Many times debt collectors cannot prove the debt or that they are the owners of a such debt. This too gives rises to claims for damages under federal Fair Debt Collection Practices Act. Some lawyers feel that persons burdened with primarily credit card debt should not file for bankruptcy due to the likelihood of the creditors and/or debt collectors violating state and federal laws in the collection process giving rise to claims in the client’s favor which may exceed the debt amount.

Is Credit Card Defense Right For Me?

The decision to defend credit card or other lawsuits can only be made after an informed decision based upon a conference with an attorney skilled in this area. Credit Card Defense lawyer Martin Seidler has over thirty years of experience in this area. Before he became a bankruptcy trustee in the early 1980’s, Martin Seidler represented many finance companies, banks and large retailers and commercial suppliers. He was frequently called upon to defend such lawsuits by consumers for violations of state and federal laws including the truth in lending act. He now uses this experience to defend clients and prosecute their claims against the same types of creditors which he represented in the distant past. Mr. Seidler has successfully defended claims by and obtained money judgments or settlements in clients’ favor against creditors such as Bank of America, Midland Credit Management, Cach, Unifund, Dodeka, Professional Investment and Finance, LVNV, J. P Morgan Chase, Citibank, and many others.

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