By: Robert J. Nahoum
THE PROBLEM:
Three scenarios might have led you this article:
- You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you by some company called Deville Asset Management LTD.
- You’ve received a notice from your County Sheriff or a New York City Marshall that your wages will be garnisheed because there is a debt collection judgment against you from Deville Asset Management LTD.
- A process server has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? Turns our, you’re being sued by Deville Asset Management LTD.
WHO IS DEVILLE ASSET MANAGEMENT LTD?
Deville Asset Management LTD is a “junk 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.
Deville Asset Management LTD is a Texas company located in Colleyville, Texas. They can be reached at 817-251-7000 and via the web at http://devilleltd.com/.
Through its attorneys of choice, and Mullooly, Jeffrey, Rooney & Flynn LLP, Deville Asset Management LTD pursuing and enforcing judgments awarded years ago through wage garnishments and frozen bank accounts.
Due to an action by the United State Security Exchange Commission (the “SECâ€), Deville Asset Management LTD is currently in receivership. Receivership is a court-appointed process under which creditors recover funds from a distressed business. Under the receivership, Gregory S. Milligan, of the firm Harney Management Partners, LLC is the appointed Receiver over Deville Asset Management LTD and is vested with the authority to manage and maintain its business their operations. Consumers with debts purchased by Deville Asset Management LTD have been notified of the appointment of the Receiver and his authority to collect the debts.
Deville Asset Management LTD 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 DEVILLE ASSET MANAGEMENT LTD:
To Deville Asset Management LTD, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Deville Asset Management LTD, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Deville Asset Management LTD always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Deville Asset Management LTD 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 Deville Asset Management LTD must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Deville Asset Management LTD 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 Deville Asset Management LTD, 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 Deville Asset Management LTD, you are just an entry on a spreadsheet. For this reason, Deville Asset Management LTD routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Deville Asset Management LTD 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 like Deville Asset Management LTD 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 Deville Asset Management LTD 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 Deville Asset Management LTD 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. With office located in 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
www.nahoumlaw.com
[email protected]