Society

Wites & Kapetan, P.A., Attorneys at Law who practice business disputes, class actions, personal injury and financial injury, among other areas, discussed potential effects of recent rulings through a recent blog post. The firm presents the following scenario: "So you once had a credit card, auto loan or student loan with a Bank, and you fell behind on payments. Maybe you were contacted by collection agencies and law firms to collect on the debt. A lawsuit was filed against you either by the Bank or by a third party company who bought your account from the Bank." During the lawsuit, the bank submits an affidavit from an " Agent of the Bank " or "employee" stating that this individual has personal knowledge of the allegations in the affidavit and they have reviewed records of the bank and found the amount claimed in the complaint is accurate and owed to the bank. A judgment may then be entered against the consumer based on this affidavit an...