Helping Florida Consumers

Consumer Financial Protection Bureau Now Accepting Consumer Complaints

Taras Rudnitsky — Sun, 19 May 2013 16:38:09 +0000

The Consumer Financial Protection Bureau CFPB) is now accepting complaints from consumers as part of their effort to monitor and improve consumer protection throughout the United States. Complaints in the following areas are now being accepted:

Bank Accounts / Bank Services
Credit Cards
Credit Reporting
Money Transfers
Mortgages
Student Loans
Vehicle or Consumer Loans

Your complaint can be submitted online by clicking here and following the link to the CFPB complaint page.

I strongly encourage consumers who feel they have a complaint about a financial product or service to submit a complaint. Your complaint can potentially help you and help other consumers as well. If the complaint helps motivate the business who did something wrong to fix your issue, it will be helpful to you. It will also be helpful to other consumers in two ways. First, it may help determine whether the same thing is happening to others, and is part of a larger pattern and practice of the business. Second, the CFPB has the power to issue regulations in a number of areas involving consumer finance, and it uses consumer complaints as one way of helping determine whether and to what extent additional rules are required.

Speaking up is one of the most important ways for any consumer to seek justice. If your issue occurs here in Central Florida (Seminole County, Orange County, Volusia County, Lake County, Brevard County or Flagler County), you are also welcome to call us toll-free at 1-888-834-5297 or click here to send us an email. Our initial consultation is always free, and we would be honored to pursue justice on your behalf.

California Attorney General Sues Chase for Unlawful Debt Collection

Taras Rudnitsky — Tue, 14 May 2013 21:04:03 +0000

Just a few days ago, the California Attorney General announced the filing of a lawsuit against Chase Bank USA, N.A. and two related companies for fraudulent and unlawful debt collection practices. The lawsuit alleges that Chase Bank filed a staggering 100,000 debt collection lawsuits in California alone between January 2008 and April 2011. On a peak day, Chase Bank filed more than 450 lawsuits in a single day. The lawsuit alleges that, in order to keep up with this pace of lawsuits, Chase Bank cut corners in its debt collection lawsuits in illegal ways, including:

Robo-signing: signing affidavits and court documents without having first reviewing them properly to ensure they were accurate
Sewer service: failing to properly serve consumers with lawsuit paperwork, while falsely telling the Courts that the consumers were properly served
Filing irregularities: including the revealing of consumers’ personal information that could expose them to identity theft, filing false affidavits that are not based on personal knowledge, and failing to determine whether a consumer is in the military service and therefore entitled to additional protections under the law

According to the lawsuit, this is not limited to lawsuits brought by Chase, but also by debt buyers to whom Chase has sold their accounts. You can click here for more information about the lawsuit filed against Chase Bank, including a copy of the actual complaint filed in court.

In Florida, we have recently seen many lawsuits filed by Midland Funding LLC who claims to have bought the account from Chase Bank or an affiliate. You may have several defenses against such lawsuits filed by Midland Funding LLC and by any other debt buyer who bought the account from Chase Bank or its affiliates. Call us today for a free consultation about how we can help you protect your rights, or simply click here to submit an online contact form.

Debt Settlement Agreements – Be Careful What You Sign!

Taras Rudnitsky — Wed, 01 May 2013 14:07:28 +0000

Many debt collectors will offer a settlement agreement or stipulation to a consumer after a lawsuit is filed. Usually, that agreement specifies that the consumer is to make certain payments every month for a set time period. Often, the agreement promises that the debt collector will not seek or enforce a judgment, or will simply claim that the consumer can avoid “going to court”, if they only sign the agreement. Then, when the consumer misses a payment or is short on a payment, significant problems can arise: their bank accounts are emptied, their car is seized, or their wages are garnished. It is heartbreaking receiving a call from a consumer at this stage, as many of their rights have already been lost.

Countless times, after reviewing the lawsuit documentation, we are able to identify valid affirmative defenses that the consumer could have asserted to prevent the entry of a judgment. However, most settlement agreements require that you give up your rights to defend the lawsuit. Sometimes, they require you to agree in writing that you owe the debt – even if this isn’t true! We have even seen settlement agreements / stipulations that give up your legal right to shield some of your money from judgment creditors.

Before you agree to sign such a settlement agreement, we would be pleased to review it and advise you of your rights and obligations. For example, perhaps your income and assets are exempt from seizure if the debt collector obtains a judgment against you. This may include your social security, disability, worker’s compensation, unemployment, wages/salary of the head of household, and other income or assets. Why would you voluntarily want to give your money to a debt collector if they have no legal right to take it?

Unfortunately, if you aren’t aware of your rights, you may lose a significant portion of your funds that you could otherwise spend on essentials. Don’t lose those rights – contact us today for a free consultation.

Orlando Car Dealer to Sue Another Car Dealer

Taras Rudnitsky — Thu, 18 Apr 2013 20:39:07 +0000

A recent story on WESH.com dealing with auto fraud caught my eye. According to the story, a dealership called “V-12 Auto Sales” in Orlando has been charged with falsifying titles for vehicles in order to make a profit. A dealer breaking the law in order to make more money is not what caught my eye, as that happens way too frequently. What really stood out to me is that another car dealer, who had allegedly been ripped off by V-12 Auto Sales, indicated they were going to sue that dealership to try to recover their money. In other words, this is a case involving one car dealer suing another car dealer for auto fraud!

This is especially ironic, given that the car dealers and their lobbyists in Florida are hard at work right now trying to restrict the rights of consumers to sue for auto fraud. Apparently, some Florida car dealers believe consumers should have reduced rights to sue them for auto fraud, but that those same dealers should have full rights to sue other car dealers for auto fraud without those same restrictions. Click here for a description of how Florida politicians, with the backing of the car dealer lobbyists, are trying to eliminate important rights for consumers who have been defrauded by car dealers.

When it comes to Florida car dealers and auto fraud, apparently what is good for the goose is NOT good for the gander.

Florida Politicians Favor Car Dealers Over Consumers

Taras Rudnitsky — Thu, 18 Apr 2013 20:34:00 +0000

The Florida legislature is poised to enact legislation (SB 292) that would make it significantly harder for consumers to enforce their rights if they’ve been victimized by fraudulent car dealers. As a Florida consumer protection lawyer, I frequently see how car dealers rip off consumers: rolling back odometers, selling rebuilt wrecks without disclosure, selling defective vehicles, lemon law violations, financing frauds, sale price mark-ups, selling unnecessary products in a practice known as payment packing, increasing interest rates, etc.

Despite the almost boundless creativity of some car dealers in victimizing Florida consumers, they have convinced their loyal politicians that consumers have too many rights. Their proposed solution is to force consumers to deal with a convoluted procedure requiring detailed specifications and accounting before they can sue a dealer who has engaged in illegal and deceptive practices. That’s right – they believe the victimized consumer needs more red tape. And, even if the car dealer knows they cheated the consumer, they can simply wait 30 days before doing anything about it. Imagine how your family or your boss would feel if you told them you have no transportation for 30 days.

Under the proposed legislation, not only would a consumer have to itemize every single problem with the car or its financing, but they would also have to specify exactly how much “damages” they have suffered as a result of the dealer’s violation of the law. If the consumer gets this wrong, they risk not being able to recover their attorney fees even if they prove that the dealer broke the law – or even if the dealer later admits to having engaged in fraud! If a cheated consumer cannot recover their attorney fees – which a court has to conclude are reasonable – many consumers will be unable to find attorneys willing to represent them; this is exactly what the dishonest car dealers are trying to accomplish. Essentially, this gives shady car dealers a “get out of jail, free” card – courtesy of the Tallahassee politicians.

These are only some of the reasons that consumer advocates, including me, have roundly criticized this bill and travelled to Tallahassee to express our concerns. Click here to read a news story about those concerns. I am also including below the text from my submission to the local newspaper about this bill.

Bills Hurt Consumers Ripped Off by Car Dealers

The Florida Legislature is considering bills that would sacrifice important consumer rights for those ripped off by dishonest car dealers. As an attorney, I have witnessed first-hand how deceptive practices by some car dealers can ruin a family financially and emotionally. Senate Bill 292 and House Bill 55 essentially give those dealers a “get out of jail free” card! They allow the dealer to wait 30 days before making things right; during that time, consumers left without a car can lose their job. The bills do this by adding confusing layers of red tape before a consumer can sue for deceptive and unfair practices, far beyond what is now required under the Lemon Law. The current law already allows severe penalties for frivolous lawsuits. Under the new proposals, if the consumer doesn’t document everything just right, they can still lose. For example, even if a court agrees that a dealer engaged in illegal conduct, the consumer may not be able to recover their attorney fees. This is despite the fact that the intent of the current law is for the wrongdoer to pay the consumers they have victimized. The present Florida law is already one of the worst in the nation from a consumer standpoint: we should be fixing it to better protect Florida consumers, not making it worse!

Winning Debt Collection Lawsuit Against Midland Funding

Taras Rudnitsky — Wed, 17 Apr 2013 20:37:48 +0000

Plaintiff: Midland Funding, LLC

Original Creditor: Citibank

Plaintiff’s Attorneys: Joel Lucoff and Armando Vasquez

Plaintiff’s Law Firm: Pollack and Rosen, P.A.

Case Outcome: Case dismissed without our client paying anything

Our client was sued for Breach of Contract and for Unjust Enrichment by the law firm of Pollack and Rosen, PA. Attorneys Joel Lucoff and Armando Vasquez represented Midland Funding, LLC. Midland Funding claimed that it had purchased the alleged debt from Citibank, and that the records reflected that our client owed them money. Our client disputed these claims, and even provided documentation that he had paid Citibank in full. Our client originally tried to defend this credit card lawsuit himself, but Midland continued to prosecute it. Once we were retained by our client, we filed appropriate motions with the Court and sent out discovery requests that would prove our client was correct. Midland Funding then dismissed the case without our client paying anything to them or their attorneys.

If you have a similar situation, or if the debt collector is refusing to listen to you, contact us now. Let our experience defending debt collection cases work for you. We are located in Lake Mary, Florida in Seminole County and accept such cases throughout Central Florida.

Home Improvement Contract Violations

Taras Rudnitsky — Sun, 14 Apr 2013 19:50:58 +0000

Plaintiff (Client) Sued Defendants For: Home Improvement Contract Violations

Defendants: J.T. Construction Inc. and Jeffrey Torres

Defendants’ Attorney: Austin Aaronson Defendants’ Law Firm: Aaronson, Austin, PA

Case Outcome: Client received full refund of all payments

Client Problem: Our client entered into a contract with J.T. Construction to install a new roof on their home. After receiving the deposit, J.T. Construction attempted to change the contract and delayed beginning work. Despite repeated attempts to resolve this, J.T. Construction and its owner, Jeffrey Torres, refused to repair our client’s roof and refused to refund our client’s payment.

Outcome for Client: We filed a lawsuit based on several causes of action. Shortly afterward, the parties settled the lawsuit, with Defendants J.T. Construction and Jeffrey Torres refunding all of our Client’s payments and also paying the Client’s attorney fees and costs. As a result, our Client received a full refund of all payments.

If you have tried unsuccessfully to get a refund for work promised by a contractor or any other company, we would be happy to represent you: just click here to send us a message about your potential case. Our mission is Helping Florida Consumers in home improvement scams, auto dealer fraud, odometer fraud, rebuilt wrecks, yo-yo sales, debt collection lawsuit defense, debt collector harassment, identity theft, defective products, and personal injury / wrongful death cases.

Defeating Debt Collection Lawsuit by LVNV Funding

Taras Rudnitsky — Wed, 27 Feb 2013 06:00:35 +0000

Plaintiff: LVNV Funding LLC

Original Creditor: Citibank

Plaintiff’s Attorneys: Jeffrey Kahn

Plaintiff’s Law Firm: Wagner, Hunt & Kahn, P.A.

Case Outcome: Case dismissed without our client paying anything

Our client was sued by the law firm of Wagner, Hunt and Kahn, P.A. on behalf of LVNV Funding for claims of Account Stated, Open Account, Money Lent and Quantum Meruit. While the original creditor for the credit card was Citibank, LVNV Funding claimed to have purchased the account and sued our client. We served discovery including Interrogatories, Requests for Production and Requests for Admission on LVNV Funding. We also successfully defended a motion filed by their lawyers. Our client did not pay anything to Citibank, LVNV Funding, or their attorneys as a result of this lawsuit, which they dismissed.

If you need an attorney who deals in debt collection defense, FDCPA, debt collection harassment, credit reporting, identity theft, contractor fraud, breach of contract, warranty issues, or auto scam cases, contact us. We also handle cases involving defective products, personal injury from car accidents and other consumer justice issues, call us toll free for a free consultation. You can also view more information about our other areas of practice at www.CarSafetyLawyer.com and www.TheAirbagBlog.com.

Defeating Auto Deficiency Lawsuit

Taras Rudnitsky — Mon, 25 Feb 2013 06:00:30 +0000

Plaintiff: Merrill Lynch / Merrill Lynch Bank, USA

Plaintiff’s Law Firm: Pollack & Rosen, P.A.

Plaintiff’s Attorneys: Joseph Harrison and Joel Lucoff

Plaintiff sued under: Breach of Retail Installment Sale Contract

Case Outcome: Case Dismissed Without Client Paying Anything

Client Problem: Our client was sued by Merrill Lynch. The Law Firm of Pollack and Rosen, P.A. from Coral Gables, Florida and attorneys Joseph Harrison and Joel Lucoff represented Merrill Lynch. They sued for an automobile repo deficiency.

Outcome for Client: After retaining us, we put our knowledge of the law in the areas of debt collection, auto repossession, and deficiency judgments to use to defend the case. We filed our answer and affirmative defenses, as well as various notices and motions. We were successful in winning the case at a court hearing before trial.

Contact us if you have been sued and need an experienced Seminole County consumer lawyer to defend your debt collection case or auto deficiency case after a repo. Don’t be victimized by any unfair or deceptive practice by a car dealership, such as odometer fraud, car sales fraud, spot delivery / yo-yo / bait and switch financing, undisclosed rebuilt wrecks, financing fraud, or a refusal to honor warranty. These laws also apply to motorcycle dealers, truck dealers, scooter / trike dealers, and RV dealers, as well as car dealers. We would be honored to represent you.

Razor Capital Lawsuit Dismissed

Taras Rudnitsky — Sun, 24 Feb 2013 06:00:57 +0000

Plaintiff: Razor Capital, LLC

Original Creditor: Wells Fargo

Plaintiff’s Attorneys: Desiree Andreu

Plaintiff’s Law Firm: Law Offices of Andreu, Palma and Andreu, PL

Case Outcome: Case dismissed without our client paying anything

Our client was sued by Razor Capital, LLC for claims under Account Stated and Unjust Enrichment, with reference to the National Banking Act. Attorney Desiree Andreu represented Razor Capital, LLC. After being retained, we filed the appropriate paperwork with the Court. The case was dismissed without our client paying anything to Wells Fargo, Razor Capital or their debt collection lawyer.

While we handle personal injury cases in which someone was injured or killed by a defective product throughout Florida, we also handle credit card cases and other consumer protection cases in Seminole County, Orange County, Brevard County and Volusia County.

We have handled numerous consumer protection cases; let our experience work for you. While the specifics for each case are different, and no one can guarantee the outcome of a case, we can guarantee we will keep you informed every step of the way. We respect your privacy and will not put your last name or any dollar amount on any of our websites. We have been in practice for 14 years and still do not charge our clients for phone calls, normal mailings and postage, copies or faxes.

Contact us for a free no obligation consultation at 1-888-834-5297. We are conveniently located in Lake Mary, Seminole County, Florida with parking right outside our door. Don’t wait until it’s too late, our consultations are always free. If you are being sued on a credit card in Seminole County or Brevard, Orange or Flagler, we will be happy to meet with you at any time, including evenings or weekends.

Justice for Client Who Was Ripped Off by Motorcycle Dealer

Taras Rudnitsky — Fri, 22 Feb 2013 23:18:57 +0000

Plaintiff sued for: Breach of Contract, violation of the Florida Deceptive and Unfair Trade Practices Act

Defendants: Big Red Powersports LLC, Performance New Tampa, Inc. and American Honda Finance Corporation

Case Outcome: We obtained a full measure of justice for our client

Client Problem: Our client purchased a motorcycle from Big Red Powersports in Orange County, Florida. At the same time, he also purchased insurance policies through the dealership. After making many months of payments, he discovered that the dealership had never obtained the insurance. Before retaining us, our client tried to resolve this issue with the motorcycle dealership on his own, but that proved unsuccessful.

Outcome for Client: Our client obtained the justice he deserved after retaining us. If you purchased a motorcycle or anything else for which you did not get what you paid for, contact us now.

You don’t have to go through a stressful ordeal alone. We offer free consultations and will be happy to speak with you about your lawsuit, whether you are being sued or need to sue someone. We are here for consumers who need protection from fraud and other wrongdoing by dealerships, manufacturers, contractors and others.

Summary Judgment Against Target National Bank

Taras Rudnitsky — Tue, 05 Feb 2013 21:16:48 +0000

Plaintiff: Target National Bank / Target Visa

Original Creditor: Target National Bank / Target Visa

Plaintiff’s Attorneys: Arthur Rubin and Aaron Velmosky

Plaintiff’s Law Firm: Rubin and Debski, P.A.

Case Outcome: Final Judgment in favor of our client

Rubin & Debski filed their credit card lawsuit against our client, claiming that there had been a breach of contract under the terms of the credit card agreement. We filed several motions, including a Motion for Summary Judgment, based on our knowledge of the applicable Florida laws, court rules and rules of evidence. The Court then entered a Final Summary Judgment in our client’s favor, even without a trial. This meant that our client had won, and did not have to pay anything to Target National Bank.

We are here to defend you in credit card lawsuits filed in Orange County, Seminole County Flagler County, Lake County, Brevard County and Volusia County. If you have been sued by a credit card company or other debt collector, put our knowledge and experience to work for you: click here to contact us for a free consultation. Or, if it’s more convenient for you, simply call us toll-free at 1-888-834-5297.

Rudnitsky Law Firm – We Believe in Helping Florida Consumers

Taras Rudnitsky — Tue, 05 Feb 2013 17:59:09 +0000

My first case in law school dealt with a landlord tenant case. My client was sued by the landlord trying to evict her, but I was able to keep her in her home. More rewarding than winning the case was seeing our client’s expression when she realized she had won. I remember the countless thank you’s as if it were yesterday.

When I established my law practice in 1998, I decided to represent only consumers, and to provide personal attention to each and every client. That personal service continues today. When you call our firm, you will not have to identify yourself by a case number or wonder who will answer your questions: ours is a family practice, and you will speak with my wife and office manager, Tina, or me. We will make ourselves available at a time convenient for you, including evenings and weekends. After all, questions arise at all hours of the day, and not just between 9:00 a.m. and 5:00 p.m.

Tina and I both believe it is important to give back to the community, so we proudly support and sponsor many charities. We have volunteered for many charitable groups, including our church, Meals on Wheels, Seminole County Animal Shelter, and several legal services organizations. Helping Florida Consumers is not just a tag line, it is something we strongly believe in.

I have given many presentations to community groups, and have been interviewed by several news stations and newspapers. My practice of consumer protection law includes debt collection defense, abusive debt collectors/Fair Debt Collection Practices Act, credit reporting/Fair Credit Reporting Act, auto dealer fraud/lemon law, and defective products, including those that cause personal injury.

When creating my website, I decided it was important to respect our clients’ privacy. That is why we do not identify any clients by last name or case number; nor do we list the dollar amounts we have recovered on behalf of our clients. You also won’t see us on a billboard or in a TV commercial, but instead you may hear about us from our past clients.

Unfortunately, some people do not call an attorney because they think they can’t afford one or because they had a bad experience with a prior lawyer. That is unfortunate, because everyone deserves an experienced attorney they can trust. Everyone deserves to have their questions answered by an attorney throughout their representation and not just at the initial consultation. As a consumer protection attorney and former automotive engineer, I am here to assist you from beginning to end. Don’t go through your lawsuit alone, contact us for a free consultation. Please feel to feel to also visit my other websites www.CarSafetyLawyer.com and www.TheAirbagBlog.com.

Two Clients Prevail Against Equable Ascent Financial

Taras Rudnitsky — Tue, 05 Feb 2013 17:54:27 +0000

Two of our clients were sued in separate credit card lawsuits by the debt collection law firm of Hayt, Hayt & Landau, P.L. from Miami. The lawsuits were brought on behalf of debt buyer Equable Ascent Financial, LLC. In both cases, Equable Ascent Financial claimed to have bought the debt from Washington Mutual Bank (WaMu) / Chase Bank USA, N.A. The Hayt, Hayt and Landau attorneys on both cases were Jason Dragutsky, Robert Orovitz and Dana Stern; their legal claims were based on Money Lent and Unjust Enrichment. From the time we were hired by both clients, we promptly went to work representing them. We were able to get both lawsuits against both clients dismissed.

When you retain us, we will keep you informed every step of the way. We make ourselves available to answer any questions, even in the evening and on weekends. If you need assistance, please call or contact us by clicking here for a free consultation.

Credit Card Lawsuit by Hayt, Hayt and Landau for Equable Ascent Financial, LLC

Taras Rudnitsky — Mon, 04 Feb 2013 07:00:22 +0000

Attorneys Jason Dragutsky, Robert Orovitz and Dana Stern represented Equable Ascent Financial, LLC in a case against our client. Our client was sued in this credit card debt collection case under the legal theories of Money Lent and Unjust Enrichment.

Using our experience, we were able to have the case against our client dismissed. While being sued and being served a court summons can be a scary experience, it doesn’t have to be. You don’t have to go through this difficult time alone: Contact us anytime at 1-888-834-5297. Our consultations are always free.

Client Sued by A & A North American Financial, LLC

Taras Rudnitsky — Sat, 02 Feb 2013 18:49:32 +0000

A & A North American Financial, LLC retained the Law Offices of Andreu, Palma & Andreu, PL to sue our client. They filed their lawsuit against our client under two different legal theories: Account Stated and Unjust Enrichment. In their lawsuit, A & A North American Financial claimed to have purchased the alleged debt from Washington Mutual (WaMu) / Chase Bank. Shortly after we were retained and filed certain notices with the Court, they dismissed their lawsuit without our client paying them anything at all.

When you retain our firm, you can rest assured that we will keep you informed and answer your questions. The personal attention you receive at the first meeting will continue throughout the case. We are here for the people who are sued by the experienced debt attorneys. Don’t you deserve an experienced consumer protection attorney helping you? Don’t risk Summary Judgment or take the chance of having your wages or bank accounts garnished. Call us today, toll free, at 1-888-834-5297 or click here to send us a message through this website.

Rudnitsky Law Firm – Helping Florida Consumers

Taras Rudnitsky — Wed, 30 Jan 2013 15:51:37 +0000

Our firm represents Florida consumers in numerous types of consumer protection cases and appeals:

Auto Fraud, including cars, trucks, pickups, SUVs, vans, motorcycles, scooters, trikes, recreational vehicles (RVs) and motor homes

Lemon law
Defective products, including those that cause personal injury or wrongful death
Car dealer fraud
Car financing fraud
Odometer fraud
Warranties
Rebuit wrecks
Wrongful repo
Deceptive and unfair acts and practices

Debt Collection Lawsuit Defense / Credit Card Lawsuit Defense

Credit card debt
Medical bill debt
Original creditors
Debt buyers
Auto repossession / deficiency lawsuits
Other consumer debt
Identity theft
Unauthorized charges

Debt Collector Abuse / Harassment

Abusive language
Harassing conduct
Contacting family or friends
Contacting employers
Collectors who violate settlement agreements
Violations of the U.S. Fair Debt Collection Practices Act (FDCPA)
Violations of the Florida Consumer Collections Practices Act (FCCPA)
Violations of the U.S. Fair Credit Reporting Act (FCRA)
False and inaccurate credit reporting
Violations of the U.S. Telephone Consumer Protection Act (TCPA)

Other Consumer Protection Cases

Home improvement scams
Contractor rip-offs
Home solicitation sales
Many other consumer protection cases

If you need an experienced consumer protection in Seminole County, Volusia County, Orange County, Brevard County, Lake County or Flagler County, please call us – and remember, our initial consulations are always free.

Cases Handled By Our Firm

Taras Rudnitsky — Sat, 12 Jan 2013 23:24:24 +0000

The content in our “Cases” section describes some but not all of the consumer protection cases previously handled by our firm. Please note that this information has not been reviewed or approved by the Florida Bar, and that your facts and circumstances may differ from those in the cases described below. Of course, every case is different, and must be evaluated and handled on its own merits. We invite you to contact us if you have any questions about the facts and circumstances applicable to your specific case.

Taras Rudnitsky Earns Seminole County Attorney of the Year Pro Bono Award

Taras Rudnitsky — Tue, 06 Nov 2012 10:00:29 +0000

We are very pleased to announce that Taras Rudnitsky has earned the Seminole County Pro Bono Attorney of the Year Award for 2012. This award was presented by Community Legal Services of Mid-Florida, which operates in 10 counties throughout Central Florida. It is based, in part, on the number of hours an attorney provides for pro bono representation of clients in our community.

We are very proud of this award. We are also proud of our providing pro bono representation to numerous consumers since we first opened our law practice more than 14 years ago. We would also like to thank everyone else who also donates their time by giving back to their community. The photo below shows Taras and Tina Rudnitsky, along with the award plaque.

Taras Rudnitsky – Attorney of the Year Award for Seminole County Pro Bono Work

Obtaining Justice in Used Car Deal with Grimaldi Enterprises

Taras Rudnitsky — Mon, 05 Nov 2012 00:48:07 +0000

Our client went looking for a reliable and dependable used car from Grimaldi Enterprises, LLC in Daytona Beach, Florida. Although she put a deposit on the car they recommended, Grimaldi Enterprises did not provide the car to her right away, but insisted that she first sign additional paperwork. The used car lot also told her the sales price was going to be higher for a customer buying on credit than for a customer paying cash. Before allowing her to take the car, the Grimaldi dealership also gave her even more paperwork in which they tried to change the terms of their deal. Once she received the car, it was in a different condition than it had been when she signed the initial contract.

After retaining us, our investigation revealed that our client had numerous claims against the Grimaldi Enterprises car dealership. We filed our Complaint with claims for: Revocation of Acceptance, Fraud and Misrepresentation, Violation of the Florida Deceptive and Unfair Trade Practices Act and others. Shortly after we filed our lawsuit, Grimaldi Enterprises agreed to a settlement that included numerous provisions in our client’s favor, including a full refund to our client for her deposit and all court costs.

If a new or used car dealer has unfairly taken advantage of you – either in misrepresenting the condition of the car or in the vehicle financing or other paperwork – the law may provide you with certain remedies. If you’ve been faced with a similar situation, please contact us to determine your rights. Remember, the initial consultation is always free, so don’t delay.

Midland Funding Dismisses Debt Collection Lawsuit

Taras Rudnitsky — Thu, 01 Nov 2012 09:00:57 +0000

Midland Funding, LLC sued our client on an alleged debt they claimed to have purchased from Chase Bank USA. The lawsuit was filed by the debt collection law firm of Sprechman & Associates from Miami, FL, who asserted three separate counts seeking to recover damages as well as court costs.

We promptly filed our answer and affirmative defenses explaining why we believed Midland Funding was not entitled to recover money from our client. When Midland Funding refused to produce the documents in accordance with the deadlines in the court rules, we filed a Motion for Summary Judgment. Soon after that, Midland Funding dismissed its case against our client.

If you have been sued by Midland Funding or another debt buyer, please contact us for a free consultation. We are here to protect consumers like you

You’ve Been Sued by a Debt Collector – Now What?

Taras Rudnitsky — Tue, 30 Oct 2012 09:00:16 +0000

You may receive a letter from an attorney telling that you are being sued even before the process server has a chance to serve you with the Summons and Complaint. Once you receive a copy of the lawsuit, it may say that you have 20 days to file a response (if it’s in County Court or Circuit Court) or that you have to appear in Court on a specified date and time (if it’s in Small Claims court). Should you try to defend the lawsuit on your own (called appearing “pro se”) or should you hire a lawyer?

There is a lot of information floating around on the internet, but much of it is simply wrong. Even if it’s not wrong, the failure to follow the court procedures, rules and deadlines can result in you losing valuable rights, or even losing the whole lawsuit without even a trial. However, when you hire our consumer protection law firm, we will attend all necessary court hearings, depositions, and trials; we will apply our knowledge from beginning to end. Don’t risk Summary Judgment or take the chance of having your wages garnished or your bank accounts or other property seized. We are here to help.

Some of our clients trusted a mediator, only to learn when it is too late that they had other options. All too often someone tells us what they signed is not what was explained at mediation. Always take your time and be sure to read what is in front of you; this may help avoid severe negative consequences later. Once you sign a mediation agreement, you may later realize you have lost important rights.

When we are retained, we typically file our Notice of Appearance to inform the Court and the debt collection lawyer that we represent you. From that point on, you should not be contacted by the debt collector or its lawyers. If you are, you may be able to file a law suit against them.

Next we will typically file an Answer and Affirmative Defenses. After that, the parties often engage in discovery. This includes sending and responding to Requests for Admission, Requests for Production and Interrogatories. Answering these properly is critical. For example, if you do not respond to Requests for Admission in the time frame specified by the Court Rules, they are automatically deemed admitted. If this happens, you can lose your whole case without even a trial.

Remember the debt collector bringing the lawsuit has the burden of proof. Some things to consider in deciding how to respond include: Did I own a credit card from this company? If it’s a debt buyer, do they have proof that they bought my account? Are these even my charges? Is the amount sued on accurate? Many people get confused thinking the law firm that is suing them is the account owner, when in fact the law firm is only representing the company suing you.

We will keep you informed every step of the way. I will work on your case from beginning to end. When you retain our firm, rest assured my office manager and wife, Tina, and I will put our experience to work for you. Please call us toll free at 1-888-834-5297 or contact us through this website by clicking here. We are here to help you.

CACH Dismisses Credit Card Lawsuit Against Our Client

Taras Rudnitsky — Mon, 29 Oct 2012 01:10:32 +0000

Our client was sued by debt buyer CACH, LLC for an alleged credit card debt they claimed to have bought from Citibank. CACH was represented by the Law Offices of Andreu, Palma and Andreu, PL in Miami, Florida. They sued under client under two legal theories: Account Stated and Unjust Enrichment. They also made allegations relating to the National Banking Act.

Upon being retained, we promptly filed our Notice of Appearance to inform the Court and CACH’s lawyers that we represented our client in this credit card lawsuit. Shortly after that, CACH’s debt collection lawyers agreed to permanently dismiss their lawsuit without our client paying them anything at all.

If you are faced with a similar situation and are unsure what you should do, please call us for a free consultation so that we can advise you of your rights. We would be honored to represent you.

Capital One Debt Collection Lawsuit Dismissed

Taras Rudnitsky — Wed, 22 Aug 2012 06:00:27 +0000

Attorneys Daniella Diaz and Kimberlee Otis from the law firm of Zakheim and Associates, P.A. (now known as Zakheim & LaVrar, P.A.) represented Capital One Bank (USA), N.A. in a credit card debt collection lawsuit against our client. Our client was sued under Breach of Credit Card Agreement and Account Stated.

After being retained and filing the necessary paperwork, Capital One dismissed the case without our client paying anything. When time is of the essence, contact a knowledgeable credit card attorney to represent you. Helping Florida Consumers is what we are all about.

Palisades Collection Credit Card Lawsuit Dismissed

Taras Rudnitsky — Mon, 20 Aug 2012 09:00:23 +0000

Our client was sued by the law firm of Erskine and Fleisher from Fort Lauderdale, FL. Erskine and Fleisher represented Palisades Collection, LLC and sued our client under various legal theories: Equitable Action for Promissory Estoppel, Equitable Action for Estoppel in Pais (Equitable Estoppel), Indebitatus and/or General Assumpsit for Money Had and Money Received, Unjust Enrichment and Money Had and Money Received.

After being retained, we filed our legal documents with the Court, and informed Erskine and Fleisher that we now represented our client. Soon afterwards, the lawsuit against our client was dismissed. We are here for the people needing assistance with their credit card lawsuit and would be honored to assist you.

CACH Promptly Drops Lawsuit When We Defend Client

Taras Rudnitsky — Sun, 19 Aug 2012 10:00:22 +0000

CACH, LLC hired attorney Mellissa A. Ferris in Orlando, Florida to sue our client for a credit card debt they claimed they had bought from Bank of America. Based on our investigation, we were able to assert numerous affirmative defenses to their debt collection lawsuit. Soon after we filed our Answer, Affirmative Defenses and Jury Demand with the Court, CACH agreed to permanently dismiss their lawsuit and to remove any negative information they had provided for the account from our client’s credit reports.

If you are being sued, please contact us. We are conveniently located in Seminole County and accept such cases throughout Central Florida, including Seminole County, Orange County, Volusia County, Brevard County, Lake County and Flagler County. Please don’t hesitate to contact us by clicking here or call us today for a free consultation.

Aggressive Defense Defeats Arrow Financial Credit Card Lawsuit

Taras Rudnitsky — Fri, 17 Aug 2012 09:00:14 +0000

Arrow Financial Services, LLC, a large and well-known debt buyer, was represented by Jorge L. Palma, a debt collection lawyer with the Law Offices of Andreu, Palma & Andreu, PL in Miami. Even though they were suing our client, they could not provide the evidence that our client was responsible for the alleged debt, which they claimed stemmed from a GE Money Bank credit card. After significant discovery, a deposition and several court appearances, Arrow Financial Services dismissed their case without our client paying a penny. If you need assistance with a lawsuit filed against you, call us for a free consultation to learn more about your rights and possible defenses.

Client Prevails over Capital One, Represented by Rubin & Debski

Taras Rudnitsky — Thu, 16 Aug 2012 01:42:28 +0000

Attorneys Nicole Raines and Arthur Rubin from the law firm of Rubin & Debski, P.A. in Jacksonville, FL represented Capital One Bank (U.S.A.), N.A. in a lawsuit against our client. While Rubin and Debski requested thousands in damages and attorney fees in their complaint, our clients did not pay anything to either Capital One or to their debt collection lawyers, Rubin and Debski, as a result of this lawsuit. In fact, we used our knowledge of the law and experience in handling credit card cases to assert a counter-claim, suing Capital One on behalf of our client. We were able to sue Capital One because our client had reached a settlement with Capital One years earlier, and had made the payments required under that agreement; they then violated that settlement by suing our client. At the end of the case, Capital One ended up paying our client for violating debt collection laws, as well as our client’s attorney fees.

While each case is different, one thing is the same. At the Rudnitsky Law Firm, we will give each of our clients the individualized attention they deserve. Being a small firm has its advantages, including the ability to provide personal service to each of our clients. Contact us if you are in need of attorney.

Credit Card Lawsuit Dismissed: RJM Acquisitions

Taras Rudnitsky — Fri, 30 Mar 2012 19:39:47 +0000

Our client was sued by RJM Acquisitions, LLC, as assignee of Washington Mutual. RJM Acquisitions was represented by attorneys Jason Dragutsky, Robert Orovitz and Dana Stearn from the law firm of Hayt, Hayt & Landau, P.L. from Miami, Florida. In their complaint, the debt collection lawyers sued our client for Money Lent and Unjust Enrichment.

After trying to the case on his own (what the court calls “pro se” or “in propria persona”) without success, he retained our firm to represent him. Based on our legal knowledge and experience, we were able to obtain a dismissal of this lawsuit.

You do not have to deal with your debt collection or credit card lawsuit on your own. Remember, the attorneys suing you are experienced in the debt collection process. Let our experience work for you: contact us anytime for a free consultation.

Successful Claims Against Port Orange Auto Sales and Louis Ferris

Taras Rudnitsky — Thu, 29 Mar 2012 10:00:57 +0000

Our clients purchased a used car from Louis Ferris at the Port Orange Sales, LLC dealership in Port Orange, Florida. Later, Port Orange Sales had the vehicle repossessed. Our clients retained us shortly afterward, and we immediately started working on their behalf. We discovered numerous irregularities with the dealership, the vehicle financing documents, and the repo; these included violations of both state and federal laws. Using our knowledge of auto sales, auto fraud and auto financing, we were able to apply those laws to obtain justice for our clients, including the return of their vehicle.

If you are experiencing problems with a vehicle you purchased, or with its financing, contact us to preserve your rights. If you have also purchased a vehicle from Port Orange Sales, LLC or any other “buy here, pay here” used car dealer, and are experiencing similar issues, we may be able to help you obtain justice too.