Filing Error Prevents Bank from Collecting Debt

Filing Error Prevents Bank From Collecting Debt

Recently, a trial court decided that Citibank could not recover a credit card debt, because its attorney forgot to attach an affidavit to a court filing.  The affidavit should have provided the amount of debt the defendant was alleged to have owed.  Without an affidavit stating the amount of the debt, the court set the damages at zero.

This case occurred in Arizona.  But it highlights the kinds of errors that debt collectors often make when pursuing debts in court.  Similar mistakes can prevent collection in New York Courts as well.

Consumer credit defendants are entitled to certain information; and plaintiffs must submit certain documents to the court.  These matters can seem very technical, and at times superficial.  But the slightest mistake can mean a huge difference for a consumer credit defendant.  This is why it is always best to speak with an attorney before settling a credit card debt, either in or out of court.

Litigation Attorneys in Mineola

If you would like to speak to an attorney at The Law Firm of Vaughn, Weber & Prakope, PLLC, call 516-858-2620 for a free consultation.