By: Robert J. Nahoum
THE PROBLEM:
You have just been served was a summons and complaint. Winthrop Capital, LLC is suing you for an old debt.
WHO IS WINTHROP CAPITAL, LLC?:
Winthrop Capital, LLC is a “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, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
Winthrop Capital, LLC is a located at 64 Beaver Street, New York, New York, 10004.
Winthrop Capital, LLC is an accused 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 WINTHROP CAPITAL, LLC:
To Winthrop Capital, LLC, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Winthrop Capital, LLC, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Winthrop Capital, LLC always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Winthrop Capital, LLC 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 Winthrop Capital, LLC must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Winthrop Capital, LLC 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 Winthrop Capital, LLC, 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 Winthrop Capital, LLC, you are just an entry on a spreadsheet. For this reason, Winthrop Capital, LLC routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Winthrop Capital, LLC 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 Winthrop Capital, LLC 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 Winthrop Capital, LLC 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 Winthrop Capital, LLC 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 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