By: Robert J. Nahoum
THE PROBLEM:
You have just been served was a summons and complaint. Leaders Financial Company is suing you for an old car loan.
WHO IS LEADERS FINANCIAL COMPANY?:
Leaders Financial Company is an infamous “sub-prime†auto lender in the Mid-Atlantic region including New and New Jersey. Leaders Financial Company makes loans to consumers for the purchase of automobiles. As a sub-prime lender, Leaders Financial Company offers high interest rate loans to consumers with bad credit.
THE PROBLEM WITH LEADERS FINANCIAL COMPANY:
To Leaders Financial Company, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Leaders Financial Company, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Leaders Financial Company always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Leaders Financial Company 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 Leaders Financial Company must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Leaders Financial Company must be a witness to the event shown in a particular document. For example, if an auto loan is offered into evidence on behalf of Leaders Financial Company, the person offering the evidence must have personal knowledge of how the information in the loan 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 Leaders Financial Company, you are just an entry on a spreadsheet. For this reason, Leaders Financial Company routinely lacks the evidence necessary to prove its case and beat you in court.
Leaders Financial Company is usually represented in New York by the infamous debt collection law-firm mill Pressler & Pressler, LLP. Pressler and Pressler, LLP is a notorious debt collection law-firm representing creditors and junk debt buyers in New York, New Jersey and Pennsylvania.
WHAT YOU SHOULD DO:
If you’ve been sued by Leaders Financial Company 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 sub-prime auto lenders like Leaders Financial Company in New York and New Jersey.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202