==== ==== This article talks about how to eliminate credit card debt. http://www.creditcarddebtlitigation.com/debt-collection-lawsuit/ ==== ====
I get this question all the time: "I'm being sued by debt collectors in California (or name the state), is that different than Missouri?" Well, yes and no. Every state has its own laws and legal system, and every state has its own rules that control the ways the courts act on a day-to-day basis. In some aspects of life these differences can be pretty big. Fortunately, the laws controlling debt litigation are similar in every jurisdiction throughout the country. That is, the basic principles of American law-that the plaintiff must prove its case, that the law applies "equally" to everybody-apply in every state in the U.S. The similarities are much larger than the differences. Given that the general rules of law are the same, the major features of debt lawsuits are economic rather than legal. That is, in most cases the debt collectors bring their lawsuits in quantity (it is actually called "bulk" filing some places). The amounts in dispute vary from one or two hundred dollars to much more significant amounts. But when you consider that the average lawyer charges over a hundred dollars per hour, it is obvious, isn't it, that the debt collectors could not make a profit on these suits if they had to fight many of them individually. Instead, they file many at a time and handle them in groups. If they can do that all the way through the litigation (usually because the defendants give up), they can make a lot of money by suing people. (And this is true whether the people owe the amount of money they're being sued for or even any money at all. The FTC estimated that one large debt collector collected 80 percent of its money from people who never owed the debt at all.) On the other hand, if the defendant can force the debt collector to fight the suit on individual terms rather than in bulk, the debt collector will not make money by pursuing the cases. This basic economic reality trumps any differences that may exist between state laws.
If you are being harassed or sued for debt, you can get a lot of help, much of it free, from my website at: http://yourlegallegup.com. Or please take a look at a brief video presentation: http://www.youtube.com/watch?v=zT60kiHn8G8 Kenneth H. Gibert. I Received a J.D. from Washington University Law School in 1989 and practiced law in St. Louis city and county (federal, state and local courts) for almost fifteen years, the last several of which
were focused almost exclusively on debt litigation. Sign up for a free report and more help for people struggling with debt.
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==== ==== This article talks about how to eliminate credit card debt. http://www.creditcarddebtlitigation.com/debt-collection-lawsuit/ ==== ====