By: Robert J. Nahoum
THE PROBLEM:
You have just been served was a summons and complaint. Clover Commercial Corp is suing you for an old debt.
WHO IS CLOVER COMMERCIAL CORP?:
Clover Commercial Corp is an infamous “sub-prime†auto lender in the New York metropolitan area. Clover Commercial Corp makes loans to consumers for the purchase of automobiles. As a sub-prime lender, Clover Commercial Corp offers high interest rate loans to consumers with bad credit.
THE PROBLEM WITH CLOVER COMMERCIAL CORP:
To Clover Commercial Corp, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Clover Commercial Corp, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Clover Commercial Corp always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Clover Commercial Corp 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 Clover Commercial Corp must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Clover Commercial Corp 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 Clover Commercial Corp, 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 Clover Commercial Corp, you are just an entry on a spreadsheet. For this reason, Clover Commercial Corp routinely lacks the evidence necessary to prove its case and beat you in court.
Clover Commercial Corp is usually represented in New York by the debt collection attorney E. Hope Greenberg.
WHAT YOU SHOULD DO:
If you’ve been sued by Clover Commercial Corp 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 Clover Commercial Corp in New York and New Jersey.
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
[email protected]