By: Robert J. Nahoum
THE PROBLEM:
You have just been served was a summons and complaint. Gemini Asset Recovery is suing you for an old debt.
WHO IS GEMINI ASSET RECOVERY?:
Gemini Asset Recovery is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
While Gemini Asset Recovery has not actively filed debt collection cases in recent years, its legacy lives on in the form of default judgments entered against New York consumers.
Gemini Asset Recovery is an accused notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH GEMINI ASSET RECOVERY:
To Gemini Asset Recovery, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Gemini Asset Recovery, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Gemini Asset Recovery always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Gemini Asset Recovery must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by the Gemini Asset Recovery must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Gemini Asset Recovery must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of Gemini Asset Recovery, the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay†and it cannot be used.
Remember, to Gemini Asset Recovery, you are just an entry on a spreadsheet. For this reason, Gemini Asset Recovery routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Gemini Asset Recovery in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers Gemini Asset Recovery in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like Gemini Asset Recovery to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like Gemini Asset Recovery violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com