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Evidentiary issues plague Georgia credit card debt lawsuits (2) Atlanta, GA

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Evidentiary issues plague Georgia credit card debt lawsuits (2)

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

Earlier this week, we began a discussion of the growing problem of inaccurate or outright fraudulent credit card debt lawsuits. Thousands of these suits are filed every month in metro Atlanta courts, and advocates say that number will probably continue to rise.

But, as we discussed in our last blog post, credit card debt often changes hands a number of times, often with a loss of information on the debt at every exchange. So when these cases go to court and are challenged based on their lack of evidence, judges are forced to dismiss them. Unfortunately, however, this doesn’t often happen.

The main reason for this is that very few debtors challenge their cases. In fact, most don’t even show up to fight them. This is because many are intimidated by the legal system or believe that they can’t afford to hire an attorney. Others know that they owe some or all of the debt and know that they won’t be able to pay it if ordered by the court to do so.

In addition, the law is unclear on what evidence is required in these cases, and different judges demand varying levels of evidence and documentation of the debt. Some require every statement, while others want only to see the final billing amount.

In a 2010 report, the Federal Trade Commission concluded that the current system of litigation “provides inadequate protections for consumers,” primarily because of the little evidence required in debt collection suits. In January, a new evidence code will take effect in Georgia, which is expected to tighten and clarify evidence requirements. Hopefully, it results in greater protections for debtors facing credit card suits.

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

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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.

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