Generally, creditors and debt buyers will exclusively retain one or two
debt collection law firms to either collect debt that is owed to them
or to obtain and enforce a judgment. These debt collection law firms are
usually different from regular law firms. There may be a few lawyers working
there while there are a few dozen or more collection agents working there.
Very often consumers who call these law firms are dealing with collectors
who can make improper statements. It is tough to reach the lawyers because
of the debt collector’s intent to have the collection employees
do whatever they can to have the consumer agree to some sort of payment
arrangement. It is unfortunate that it is so difficult for consumers to
reach the attorneys as they can actually make it much easier to resolve
these debt collection matters.
Mullooly Jeffrey Rooney and Flynn is a common New York and New Jersey
debt collection law firm. Particularly, we see them representing Bank
of America or FIA Card Services and Unifund CCR, a debt buyer in the business
of collecting debt as well as suing and enforcing judgments against consumers.
As Bank of America/FIA is an original creditor they are generally tougher
to defend against in court then Unifund is because Unifund buys debt that
is often been bought and sold at least a few times before it reaches them.
Unifund generally has a difficult time proving legal standing as they
cannot show chain-of-title or proper assignment. Mullooly, is generally
one of the firms that will agree to vacate improper judgments that were
entered against consumers. They are also almost always willing to settle
any matter for a reasonable amount from our experience. However, no matter
the creditor it is very important to aggressively defend against firms
like Mullooly whether to win the case on the merits, vacate a judgment
or settle as an aggressive defense provides leverage to obtain the lowest
settlement possible which many cases saves the consumer the most amount of money.