A local hospital,Detroit Michigan area sued my client for $6,000 in co-pays after the health insurance paid them $180,000.00. The client and I were sure that there were multiple overcharges and challenged the bill in court. The hospital’s claim was dismissed because they filed a type of claim that would not have to be supported with a bill – and had no legal support for that assertion. The moral of this story is that collection suits can be successfully defended!
Archive for category Success Stories
Hospital, Detroit Area forced to give up bogus claim for co-pays, Client saves 6 Thousand Dollars
Jun 8
Posted by Expert Lawyer in Success Stories | 1 Comment
20 Thousand Dollar Credit Card Suit Dismissed for Filing Too Late
May 17
Posted by Expert Lawyer in Success Stories | 7 Comments
Creditor filed a suit to collect a $20,000.00 credit card debt three and a half years after the last payment was made. The Michigan statute of limitations is six years. However, the credit card agreement stated that Delaware law governed all terms of the agreement. Delaware law provides a three year statute of limitation. Case dismissed for filing too late. Moral of the story: There are defenses to credit card debt. Call me at (248) 432-1612 to have your case reviewed.
Lawsuit to Enforce Arbitration Award Dismissed
May 11
Posted by Expert Lawyer in Abusive Debt Collection, Success Stories | 9 Comments
Creditor sent a credit card dispute to arbitration. The arbitration was held in Delaware pursuant to the credit card agreement. (Probably a violation of the Fair Debt Collection Practices Act) Creditor then sought to reduce the arbitration award to judgment in Michigan. A provision in the credit card agreement provided that Delaware law applied to the agreement. Delaware law provided that the arbitration award was to be enforced in Delaware. Despite Delaware law the creditor sought to reduce it to judgment in Michigan.
The action was met with an immediate motion to dismiss for lack of jurisdiction. The Michigan court agreed that Delaware law applied and the proper place to bring the action was in Delaware. Ironically the creditor argued that it was forbidden to bring suit in Delaware under the Fair Debt Collections Practice Act. The Michigan court ruled that the specific language of the contract bound the creditor and dismissed the case. To date the suit has not brought in Delaware and the creditor has an unenforceable $27,000.00 arbitration award.
Once again, debt collection actions are defensible. Contact me to see if you wish to defend rather than go into bankruptcy.
Large Credit Card Company Pays Client ,000.00 for Abusive Practices
Apr 28
Posted by Expert Lawyer in Success Stories | 3 Comments
A large credit card company mistakenly claimed my client owed it $50,000.00. It placed derogatory information on his credit report and called him repeatedly trying to collect the debt. After I got involved it removed the credit references and stopped calling. Then, inexplicably, it began the tactics again. I filed a lawsuit against it for its abusive practices. In its lawsuit an officer of the company signed a sworn statement stating that there was a signed credit card application and billing statments proving the alleged debt. When challenged they refused to produce the documents. In the end they agreed to pay my client $10,000.00 for what they did and removed all negative credit references. You can fight back!
