Lebedin Kofman LLPBy
Forster and Garbus represents many well-known original creditors including Capital One Bank, and Discover bank, as well as debt-buyer creditors such as Midland Funding and Portfolio Recovery Associates. They are also known for representing private student loan creditors such as Navient, National Collegiate Student Loan Trust and Jefferson Capital Systems. Since they represent a wide array of creditors and aggressively pursue and enforce judgments, consumers must defend themselves. In pre-litigation, consumers may ask for the alleged debt against them to be validated and confirmed. The creditor will then have to show proof of the origin of the debt and how it has accrued. In litigation, it is essential to submit an answer with defenses to keep the burden on the creditor and Forster and Garbus to prove their case also giving the consumer leverage for settlement if necessary. In the judgment phase, consumers must file an order to show cause to have the default judgment against them vacated. This removes the creditor’s ability to levy bank accounts or garnish wages and re-opens the case as if Forster and Garbus was suing them all over again. These simple rules can make a big difference when defending against Forster and Garbus or any other debt collection law firm.