A debt buyer must prove a debt
First National Acceptance Co., LLC, (FNAC), a New Jersey debt collector represented by attorneys for Hayt, Hayt & Landau, LLC (HHL), suddenly dropped its $43,386.32 lawsuit over an alleged consumer debt at trial on the record in the Superior Court of New Jersey. The lawsuit alleged that FNAC, a debt buyer of old defaulted consumer loans, purchased the debt from a bank.
The consumer defended herself for a number of years prior to retaining her own lawyer. During the seven-year battle between the consumer and FNAC’s attorneys, the consumer had successfully opened a default judgment against her. She then hired the Consumer Litigation Group to represent her.
The matter was quickly scheduled for trial. Five days before trial, HHL attempted to postpone the trial without success. “When the time came to show its hand at trial, FNAC was clearly light on proof,” said Brian T. Shaw, the attorney who defended the consumer. “One would think, given the alleged value of the case, FNAC would have come prepared to prove its case,” said Shaw who regularly represents consumers in debt-related matters. Instead, FNAC opted to drop the case in exchange for the consumer’s promise not to pursue a lawsuit against it for any violations of consumer rights.
“When strangers call claiming that you owe them money, or worse yet, tell a court that you owe them money, you should not take their word but demand proof,” the consumer’s attorney said.