By: Robert J. Nahoum
THE PROBLEM:
You have just been served was a summons and complaint. VNB Loan Services, Inc. is suing you for an old debt.
WHO IS VNB LOAN SERVICES, INC.?:
VNB Loan Services, Inc. is the auto finance company associated with New Jersey Bank Valley National Bank. VNB Loan Services makes loans to consumers for the purchase of automobiles including sub-prime borrowers with higher rates of interest made to consumers with bad credit.
THE PROBLEM WITH VNB LOAN SERVICES, INC.:
To VNB Loan Services, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for VNB Loan Services, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, VNB Loan Services always has the burden to prove that the consumer is responsible for the debt. To meet this burden, VNB Loan Services 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 VNB Loan Services must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of VNB Loan Services 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 VNB Loan Services, 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 VNB Loan Services, you are just an entry on a spreadsheet. For this reason, VNB Loan Services routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by VNB Loan Services 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 collectors 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
www.nahoumlaw.com
[email protected]