If you have received notice that the Law Offices of Erskine & Fleisher have filed a lawsuit against you, you may wonder why they took legal action against you. Erskine & Fleisher is a law firm based right here in Sunrise, Florida and they mainly represent credit card companies and debt collectors. The named partners at the firm are Stanley Brian Erskine and Andrew David Fleisher. The firm is not registered with the Better Business Bureau (BBB), which is likely due to the fact that the practice has so many complaints already lodged against them.
After Erskine & Fleisher has filed a lawsuit against you, it is important to speak with a Florida debt defense lawyer. Erskine & Fleisher has so many complaints against them because they often try to collect on debt that is no longer owed. A lawyer will refute their claims, hold them accountable for verifying the debt, and give you the best chance of a positive outcome.
Complaints Against Erskine & Fleisher
Failing to have a BBB listing is not enough to shield the Law Offices of Erskine & Fleisher from complaints. The firm’s Google Business Profile has only two reviews and in each of those, they were given only one star by both users. Other websites have multiple complaints listed about the law firm. The complaints vary in detail, but they all allege that the Law Offices of Erskine & Fleisher pursue fraudulent debt. Some of the reviews state that the law office engaged in the following actions:
- Pursued debt six years after it was paid
- Froze consumers’ bank account
- Threatened to seize a person’s bank account when they do not have an account with that bank
- Lied about presenting documents to the court
- Submitted fraudulent documents to the court
- Refused to offer a lower settlement amount
Not all of the above actions are illegal, but some of them are. If the Law Offices of Erskine & Fleisher has taken legal action against you, it is imperative that you speak to a Florida debt defense lawyer today.
What Debt Collectors Can and Cannot Do
Law firms that represent creditors or debt collectors are considered debt collectors themselves. As such, they are required to comply with the Fair Debt Collection Practices Act. If they do not, they can be held liable for paying damages.
Debt collectors are allowed to contact you if you have not paid your debt, or if a mistake was made on your account. Debt collectors can try to contact you using email, regular mail, fax, and by telephone. They are not, however, allowed to contact you or your family so regularly that the attempts could be considered harassment. Debt collectors also cannot contact you at work if they know your employer disproves it. Debt collection attempts also cannot be made before 8:00 in the morning or after 9:00 at night.
After a debt collector has contacted you, they are required to send you a written notice five days after the contact. The notice must inform you of the amount of debt you are required to pay back, the name of the creditor you owe, and the next steps to take if you do not agree that you owe the debt. If you do not think you owe the debt, contact the debt collector within 30 days of contact. Tell them you do not believe you owe the debt and after that, they cannot contact you unless they can prove you owe the debt.
If you want the debt collector to stop contacting you, write them a letter asking them to stop. After you do this, they are required to stop contacting you. The only exception to this is if they inform you that they will no longer contact you, or give notice that they are going to take legal action against you. They cannot threaten legal action if they have no intention of following through with it.
The above are just a few of the requirements debt collectors must follow when trying to collect from borrowers. It has been well documented that the Law Offices of Erskine & Fleisher have violated the Fair Debt Collection Practices Act, as well as state law which largely mirrors the federal legislation. If you have been harassed, you should speak with a Florida debt defense lawyer who can defend against the debt lawsuit, and help you claim further damages.
The Law Offices of Erskine & Fleisher Must Prove Their Case
When the Law Offices of Erskine & Fleisher file a lawsuit against borrowers, they must prove their case. Essentially, they must prove two important elements of their case.
The attorneys must prove that their client, the debt collector or creditor that took legal action, owns the debt. In the case of debt collectors specifically, this is often very hard to do. Debt collectors purchase many different accounts of borrowers in large volumes. They do not always keep track of the paperwork and so, they cannot prove that they own the debt.
The attorneys at Erskine & Fleisher must also show that you owe the debt. This is also very difficult to do, as has been documented in the complaints against them. Sometimes, a borrower has repaid the debt but the law firm continues to pursue them for it anyway. Even if the law firm can prove that you owe the debt, they must also prove the amount you owe.
When Erskine & Fleisher cannot prove the above elements of their case against you, a judge may throw it out of court, so you do not face any legal action. Too many people assume that the law firm has already prepared a strong case and so, they do not even try to challenge the facts presented. Working with a Fort Lauderdale bankruptcy attorney who can do this for you is the best way to defend your case.
Call Our Debt Defense Lawyers in Florida Today
At Loan Lawyers, our Fort Lauderdale debt defense lawyers have successfully fought lawsuits filed by Erskine & Fleisher, and we want to put our experience to work for you. Call our Florida bankruptcy attorney today at (954) 523-4357 or contact us online to schedule a free consultation.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
