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 US Asset Management.
- 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 US Asset Management.
- 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 US Asset Management.
WHO IS US ASSET MANAGEMENT?
US Asset Management 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.
US Asset Management is a Massachusetts company located at 700 Longwater Drive, Norwell, MA 02061. They can be reached at (800) 886-9177 and via the web at http://devilleltd.com/.
US Asset Management is a wholly owned subsidiary of “EOS CCA†and is associated with affiliates “EOS Holdings, Inc.†and “Collecto Inc.â€.
US Asset Management has stepped into the Private Student Loan arena, buying defaulted student loans from student loan giant Sallie Mae for pennies on the dollar and then suing the debtor for a profit on the full balance.
Through its attorneys of choice, Roach & Murtha, P.C., a long Island debt collection law-firm and Brooklyn debt collection mill Meyers, Saxon, & Cole, US Asset Management is actively filing new cases and pursuing and enforcing judgments awarded years ago through wage garnishments and frozen bank accounts.
THE PROBLEM WITH US ASSET MANAGEMENT:
To US Asset Management, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for US Asset Management, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, US Asset Management always has the burden to prove that the consumer is responsible for the debt. To meet this burden, US Asset Management 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 US Asset Management must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of US Asset Management 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 US Asset Management, 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 US Asset Management, you are just an entry on a spreadsheet. For this reason, US Asset Management routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by US Asset Management 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 US Asset Management 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 US Asset Management 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 US Asset Management 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]