James Turner Office Address Orlando Attorney James Turner Logo Orlando Attorney James Turner Phone
orlando overtime attorney


Attorney N. James Turner Can Help
Stop The Harassment!


Unifund CCR Partners was founded in 1986 and was one of the first companies to purchase defaulted consumer receivables. Unifund's founder and chief executive officer, David G. Rosenberg, founded Unifund to purchase and collect returned checks. In 1989, Unifund began buying distressed loan portfolios on a national scale from small banks and retailers. One year later, the company began purchasing portfolios from large financial institutions. Unifund CCR is headquartered in Cincinnati, Ohio, and it is one of the largest buyers and operators of consumer debt in the nation. 

Unifund is a debt buyer. Debt buying is the practice of purchasing charged-off debts from debt originators, or other debt buyers. These debts are purchased in bulk and are usually credit card debts. 

Debts sold by original creditors to Unifund are typically bundled into portfolios because bundling accounts into portfolios reduces the transactions costs of exchange. See Federal Trade Commission, The Structure and Practices of the Debt Buying Industry, January 2013. When purchased, these bundled account portfolios are transferred via electronic data files that contain only a few data elements from the original account records. When printed out, the electronic evidence of the sale, or data file, consists of one line per debtor. 

The typical data file contains the original account number, the name of the consumer, the address of the consumer, the last balance purportedly owed, the date of the last payment, and the date that the account was charged-off. Debt buyers, like Unifund, generally do not obtain the original account records (the day-to-day transactions on the account that are generally made at or near the time of each transaction, in the normal course of business) related to the purchased debts. For most portfolios, buyers do not receive any documents at the time of purchase. Only a small percentage of portfolios include documents such as account statements or the terms and conditions of credit. 

The data files obtained by debt buyers are not the original account records that were created in the regular course of business by the credit originator—they are created prior to the sale of a portfolio of charged off debts. They are created for sale to a third party, and are not created in the regular course of servicing the credit card account. Furthermore, debt sales are typically “as-is,” with limited or no ability to obtain additional information from the original creditor. Where different debt buyers enter into purchase and sale agreements with the same seller, the structure, organization, and phrasing of these agreements are virtually identical. 

However, Unifund had absolutely no assurance that the information it received was accurate because, on information and belief, Citi allegedly sold its debts to Unifund in “as-is” condition. The information on which Unifund typically relies when filing in state court would not be considered satisfactory evidence if submitted to court. A document is not admissible as a “business record” under Florida law if “the source of information or the method or circumstances of preparation indicate lack of trustworthiness …” 

It is common practice in the industry to purchase debts without obtaining original account information due to the time and cost of obtaining such documentation. Unifund routinely files state court collection actions with no more evidence of the debt in question than the single line data file described above. Unifund knows that the information on which it relies to file the state court collection actions will not be supported with adequate evidence, yet Unifund is not willing or not able to obtain such evidence. 

Usually when Unifund files a collection action it obtains a default judgment against the consumer. It has been estimated that the default rate in such lawsuits may be as high as ninety percent. 

Allegations in a federal court action have been made that Unifund does not conduct a reasonable investigation into a debt’s existence in the collection actions it files; rather Unifund intends to obtain a default judgment against the consumer by representing to the consumer and the court, through the filing of its complaint and affidavit, that it has evidence to support the claims stated therein. This practice, the lawsuit contends, amounts to an unfair, deceptive and improper use of the court system in connection with the collection of a debt. Once the default judgment is entered Unifund can proceed to garnishment regardless of whether it could have proven its case at trial. Unifund routinely voluntarily dismisses cases where the consumer appears before the court to defend the action in order to protect its business model and avoid losing at trial. 

In Unifund CCR Partners vs. Youngman, the court reversed a lower court order granting Unifund CCR Partner's motion for summary judgment. Unifund CCR alleged that it was the assignee of Chase Bank, and sued the consumer for breach of contract and account stated, seeking to recover attorneys' fees and the balance owed on a credit card issued to the consumer. The lower court granted Unifund CCR's motion for summary judgment, but the appellate court held that the consumer's cross motion for summary judgment should have been granted instead. The Appellate Court concluded that, to establish standing, Unifund CCR was required to "submit evidence in admissible form establishing that Chase had assigned its interest in [the consumer's] debt to [Unifund CCR]," but it failed to do so. Unifund CCR submitted an affidavit of its agent, a "Legal Liaison" employed by Unifund CCR rather than Chase, as well as credit card statements and account balance documents. The Court found that Unifund CCR did not submit the "requisite business records to establish its standing." The "Legal Liaison" employed by Unifund CCR did not establish personal knowledge of Chase's business practices or procedures, and failed to establish "when, how, or by whom the credit card statements and account balance documents were made and kept." Because Unifund CCR did not establish a proper foundation for the admission of the credit card statements and account balance documents under the business record exception to the hearsay rule, the appellate court held that Unifund CCR did not establish its standing as assignee of Chase Bank. Thus, the consumer's motion for summary judgment against Unifund CCR was granted. 

Have you been contacted or sued by Unifund CCR Partners? 

Call us for a free consultation.


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

debt collection defense


Read More

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.

credit card debt defense


Read More

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.


student loan debt defense


Read More

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.

debt collection harassment


Read More

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.

Credit Report Repair


Read More

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.


bankruptcy attorney


Read More

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.



Read More

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


frequently asked questions


Read More

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




Read More

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.



Attorney N James Turner


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.

Read More


Home | N. James Turner | Contact Us

Debt Collection Defense | Collection Harassment

Credit Card Debt Defense | Student Loan Issues

Identity Theft Issues | Garnishment

Wrongful Repossessions | Collections Lawsuits

Credit Repair | Bankruptcy

Debt Collectors | Deceptive Business Practices

Fair Debt Collection Practices Act (FDCPA)

Florida Consumer Protection Act (FCCPA)

Espanol | FAQ | Testimonials | Video | Articles


Orlando Attorney N James Turner IMG1





Attorney N James Turner IMG2

Lawyer N James Turner Logo

© 2016 N. James Turner, Attorney at Law.

All Rights Reserved. DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about their qualifications and experience. This website has been prepared for informational purposes only and not as legal advice. Neither the transmission, nor your receipt of information from this website creates an attorney-client relationship, which can only be formed in writing between you and the attorney you choose to represent you.