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Personal Injury Law in Atlanta

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Personal Injury Law in Atlanta

Personal Injury law applies when you have been hurt because of someone else’s negligence. The most common example is a car accident, but personal injury law also applies to slip and fall incidents, medical malpractice, wrongful death, and many other types of cases.

If you’ve been sued for a credit card debt the most important thing to understand is that you have options. Even though you may have used the credit card debt, this does not mean that you will automatically lose the lawsuit and owe the money to the company that is suing you. A person or company that sues you on a defaulted credit card must show two things: 1) that you owe the debt, and 2) that the company suing you owns the debt.

Many credit card lawsuits are brought with inadequate paperwork that is not sufficient to prove that you owe the debt, or that you owe the plaintiff. Also, many lawsuits are filed past the statutory deadline for filing such a suit – called stale debt. If so, an attorney experienced in this area should be able to get the case dismissed, negotiate a favorable settlement, or possibly counter-sue for consumer law violations under the Fair Debt Collection Practices Act or Georgia’s Fair Business Practices Act.

In all debt collection lawsuits, it is important to determine whether you have been sued by the original creditor (like Capital One, Discover, Chase, etc.) or by a third-party debt collector (also called a “debt buyer”). Original creditors will often sell defaulted accounts to debt buyers and transfer the rights to collect on the alleged debt under an agreement called an assignment. While these debt buyers may claim to be the current “owner” of the debt, they often lack the proper legal documents that are necessary to prove their case in court, even if they have attached official-looking documents to the lawsuit.

In order to determine whether the plaintiff in your case is the original creditor or a debt buyer, you should look at the top of the lawsuit. If you don’t recognize the name of the company suing you, or if the plaintiff is listed as something like “Cavalry SPV I, LLC as assignee of Citibank, N.A.” then you have been sued by a debt buyer. Companies like Cavalry SPV I, LLC purchase charged-off debt from banks like Citibank, Capital One, Wells Fargo, and Chase. This happens when the bank has determined that it will cost them more money to try to collect on the debt themselves rather than sell your debt to these debt buyers. Click here for more information including a list of debt buyers.

When debt is sold, the debt buyer usually receives a limited amount of information and paperwork. However, in order to win the lawsuit, the debt buyer must show that you not only owe the debt, but that their company is the current legal owner of your account. Most of the time, the debt buyer is unable or unwilling to prove both of these things. An experienced Debt Lawsuit Defense Attorney should be able to successfully challenge the debt buyer’s paperwork and show the court that they don’t have legal standing to win a lawsuit against you.

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THE INJURY LAW TEAM THAT CARES...

The Parisi Law firm was very professional, there was great communication, they kept me informed every step of the way and explained the process in great detail. I received a settlement and received every dollar I was entitled. Thanks Jerry and Cheryl, great job!
Mark
My experience with this lawfirm was completely positive. They handled my case very well from start to finish. I was very satisfied with the settlement that I received.
Linda
Jerry Parisi handled all details of my auto accident case. Honest and a great communicator, he thoroughly covered all details and strategies, making it a pleasure to work with him. I trusted his advice and was pleased with the settlement. I highly recommend Jerry Parisi.
Wayne

Do I have a strong car accident case?

If you or a loved one has been involved in a car accident in the Atlanta area, please consider these two questions:

1. Were you injured as a result of the accident?
2. Was your accident caused by negligence of the other driver?

If you answered yes to both of these questions, it’s in your best interest to call or text us at 404-594-5130, or email us at info@parisifirm.com, to discuss your car accident injury case.

If we determine that you have a viable case, we will take you on as a client on a contingency fee basis, meaning that you pay nothing unless we recover compensation for you. Contacting us is 100% free and does not obligate you to anything.

*CONTINGENT FEE DISCLAIMER: Contingent attorney’s fees refers only to those fees charged by attorneys for their legal services. Court costs and other additional expenses of legal action usually must be paid by the client. “you pay nothing unless we recover compensation for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases.

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