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HAYT, HAYT & LANDAU, P.L. | NATIONAL COLLEGIATE STUDENT LOAN TRUST

In a lawsuit filed in Lee County, Florida, in 2018, plaintiff, Donal J. Gross, alleged that prior to August 2011, he entered into a credit card agreement with GE Capital Corp and in using the credit card incurred a debt to GE. On or about August 2, 2011, Hayt, Hayt and Landau filed a lawsuit against Plaintiff on behalf Equable to recover the Debt. The complaint filed in the lawsuit specifically stated that "GE Capital Corp. has assigned the debt and [Equable] is the owner of the debt. The Complaint further stated that "this is an attempt to collect a debt and any information we obtain will be used for that purpose." Eventually, Hayt, Hayt and Landau filed a Motion for Default Final Judgment on behalf of Equable, stating that "Plaintiff is entitled to a Default Final Judgment in this case." Thereafter, a Default Final Judgment was entered in the lawsuit in favor of Equable. The Judgment specifically stated that "Plaintiff whose address is 1120 W. LAKE COOK ROAD, SUITE B BUFFALO GROVE, IL 60089 shall recover from Defendant(s) DON GROSS [ ... ]" Subsequently, without moving to substitute parties in the lawsuit, HH&L filed a Motion for Issuance of Continuing Writ of Garnishment, which alleged that Cavalry was "the Assignee of the Plaintiff' and was entitled "to recover the full amount of the Judgment [ ... ]plus costs and interest in this garnishment action." Hayt, Hayt and Landau continued to litigate the lawsuit, alleging in each subsequent motion that it was being brought by Cavalry as "the Assignee of the Plaintiff' without ever seeking or being granted leave from the state court to substitute parties. On April 28, 2017, Hayt, Hayt and Landau, on behalf of Equable as plaintiff and Cavalry as the alleged assignee, filed a Motion for Final Judgment of Continuing Writ of Garnishment, stating that "the Assignee of the Plaintiff respectfully requests that this Court enter a Final Judgment of Continuing Writ of Garnishment in its favor and to award the Assignee of the Plaintiff the costs incurred in this garnishment action." Under Florida law, at no point during the lawsuit did the state court have jurisdiction over Cavalry as the alleged assignee of Equable. The lawsuit against Hayt, Hayt and Landau alleged that each request made by Defendants for the state court to grant relief to Cavalry, a non-party to the lawsuit, was an attempt to take action against Plaintiff that could not legally be taken. The lawsuit alleged that the misrepresentations made in the Motion constituted violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.

Among other debt collectors, Hayt, Hayt & Landau represents National Collegiate Student Loan Trust.

Have you been sued by Hayt, Hayt & Landau?

 

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Contact Debt Collection Defense Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.

Orlando Debt Collection Defense Lawyer, N. James Turner proudly serves the Debt Collection Defense and Consumer Rights legal needs for residents of Orlando, Kissimmee, Orange County, Osceola County, Seminole County, and throughout Central Florida.

 About Jim Turner

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DEBT COLLECTION DEFENSE

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If you are dealing with a situation in which you, as a consumer, are not being dealt with properly in a consumer related transaction or circumstance, find out what your legal rights are. Seek the advice and representation of experienced legal counsel.

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CREDIT CARD DEBT DEFENSE

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Every day those with credit card debt are harassed by a number of collection agencies that commonly use unethical and sometimes illegal means to attempt to collect debt.

 

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STUDENT LOANS

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Higher education is an investment in one's future; and it can be expensive. If you are being harassed by student loan creditors or debt collection agencies, find out what your legal rights and options are. Make sure your are informed and your rights are protected.

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COLLECTIONS HARASSMENT

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Being harassed by creditors or debt collectors is illegal. There are both State and Federal Debt Collection Laws that exist to protect the consumer from harassment and other illegal activities by collection agencies, their subsidiaries, and third parties.

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We will investigate your credit report error and make sure that the error is corrected. we will dispute the item, insisting that the information furnisher produces evidence substantiating the error or removes the item.

 

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Bankruptcy is a mechanism of the Federal Government to allow debtors (people who owe money) to restart their lives when they have gotten into a financial dilemma where there is no reasonable way to repay the debts they owe.

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Orlando Consumer Rights Lawyer - watch these informative videos about consumer rights in the financial services industry.

 

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We answer some of the most common Debt Collection Harassment Question that we hear on a daily basis.

 

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Si usted es una de las millones de personas acosadas por un cobrador de deudas desaprensivo, la ley está de su parte. El Acta de Prácticas Justas Para el Cobro de Deudas, regula las prácticas de los cobradores de deudas y les impone sanciones que rompen las reglas.

 

ABOUT JIM TURNER

Attorney N James Turner

STARTED SINCE 1990

Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and Credit Repair, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.

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