Skip to main content
(678) 915-2634 Contact Us
Evidentiary issues plague Georgia credit card debt lawsuits (1) Atlanta, GA

Personal Attention & Experience Since 1971 Family-Owned, Family Focused

Client Reviews

Evidentiary issues plague Georgia credit card debt lawsuits (1)

Judge Gavel, Scales of Justice and legal books on the desk

Throughout the economic recession and its aftermath, much attention has been paid to mortgage fraud and the other issues that led to the foreclosure crisis. Lawmakers and advocates continue to work to identify those issues in order to ensure that innocent homeowners can no longer be harmed by fraud and other predatory practices.

However, there is one issue that, despite plaguing thousands of people in Georgia and throughout the country, has received significantly less attention. Today, more and more people are finding themselves defending against claims of unpaid credit card debt made by credit card companies and, more commonly, debt collection agencies. Often, these cases are filed with little to no evidence of the debtor’s failure to make payment or even of the debt itself, leaving the court and all parties involved thoroughly confused and uncertain of how to handle the case.

Much like the foreclosure mess, credit card debt often changes hands several times, going from the credit card company to what can be a long chain of debt buyers and collectors. Along the way, paperwork and details about the account and the amounts spent and paid are often lost or confused, leaving the collector with no real proof of the client’s debt.

According to Georgia court officials, many cases are filed with barely any documentation aside from an account number and a total amount owed. So when a debtor challenges a claim, the creditors are unable to provide more detailed statements and the judge presiding over the case has no choice but to throw it out for a lack of evidence.

Unfortunately, that scenario doesn’t take place too often. We will discuss why that is in our next blog post.

Source: Atlanta Journal-Constitution, “Credit card lawsuits replay foreclosure mess,” Craig Schneider, Aug. 24, 2012

Posted on behalf of Gingold & Gingold

1718 Peachtree St NW, #385
Atlanta, GA 30309

Phone: (678) 915-2634

First Free

    Disclaimer Privacy Policy

    I have read the Disclaimer and Privacy Policy

    Our Client Reviews

    Gingold & Gingold LLC
    5.0 / 5.0

    Based on 28 reviews

    Jack L.

    They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

    All C.

    Mr. Gingold was recommended by an attorney I had worked with previously. I met with Ira Gingold to discuss credit issues. He went over each specific issue thoroughly. He advised me of the potential outcomes. He did all this in one meeting for a very reasonable price. When we finished I was confident in moving forward with a resolution. He definitely wants to help people take the appropriate course of action for their circumstance.

    Karen B.

    Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

    Lyla B.

    I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

    Julie T.

    Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

    Sherard W.

    I cannot say enough about this law firm. From the initial consultation to our discharge, the entire office kept me updated with every step of the entire process. I came to the Gingold after a bad experience with another law firm. Ira and Jamie immediately began treating me like family through this experience. In the end, they assisted with eliminating many debts including my 2nd mortgage. I cannot say enough about the experience and knowledge that Ira brought to the table from the office visits to the court time. Thank you very much for helping me through this tough time. Thank you.

    Write a review