Are you being sued by Mandarich Law Group, LLP?

Being served with a lawsuit can be bewildering or even alarming for many individuals. Don’t panic! You have rights.

If you’ve received a court summons from Mandarich Law Group LLP, you might have some questions:

• Whom does Mandarich Law Group represent?
• Should I contest the lawsuit?
• Can I dispute the owed balance?
• What are my potential defenses?
• Is it possible to negotiate a reduced settlement?

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At Diwan Law, LLC, our debt defense attorneys understand these concerns. We are committed to advocating for consumers and striving for the best possible outcomes. Our team exhausts all avenues to find a resolution that aligns with our client’s specific needs. Call us today to discover how we can assist you.

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Who is the Mandarich Law Group?

The Mandarich Law Group, LLP, is a debt collection law firm operating in Georgia and 21 other states.

Mandarich represents various companies that purchase consumer debt from original creditors in Georgia. Some examples of such companies include:

• Cavalry SPV I, LLC (as assignee of entities like Citibank N.A.)
• Galaxy International Purchasing LLC
• Cach LLC
• Midland Funding, LLC
• LVNV Funding, LLC
• Velocity Investments, LLC

Mandarich Law Group primarily represents debt buyers rather than original creditors.

What Makes Debt Buyers Different from Original Creditors?

What sets debt buyers apart from original creditors in their collection endeavors? For starters, when a debt buyer acquires a portfolio of old debt, they may only obtain an electronic dossier containing basic details about the debts, like the names of purported debtors and the amounts owed. Unlike original creditors, they often don’t acquire supporting documentation, such as account statements or charge slips, to substantiate the debt.

These electronic records often contain numerous inaccuracies. For instance, some individuals find that debt supposedly settled with the original creditor years ago is resold to debt buyers. Moreover, the debts purchased by these buyers are often ancient, often referred to as “zombie debt” due to their age. Adding to the challenge, debt buyers often adopt a stance of persistence, continuing their pursuit of payment unless individuals can conclusively prove they don’t owe the money. However, many lack the necessary documentation, like canceled checks or old account statements, making it arduous to substantiate their claims.

Furthermore, debt buyers tend to adopt an aggressive approach in their collection tactics. It’s not uncommon for them to persist in their efforts even after individuals dispute the debts. Due to the difficulty in verifying debts, many debt buyers opt to continue their collection activities regardless. Consequently, some individuals pay debts they don’t owe simply to halt the incessant calls or prevent erroneous entries on their credit reports.

Should I fight a lawsuit initiated by the Mandarich Law Group?

Yes, at Diwan Law, LLC, we deploy every available defense strategy to combat debt collection lawsuits on behalf of our clients. These defenses may include:

• Absence of Documentation: A critical aspect involves the availability of paperwork demonstrating the contractual agreement between you and the original creditor, which is necessary for pursuing legal action or adding fees to the balance. Typically, this documentation takes the form of a cardmember agreement for credit card debts. Frequently, debt buyers lack this essential paperwork and may struggle to obtain it from the original creditor.
• Lack of Legal Standing: “Standing” denotes a party’s legitimate interest in a case. In collection lawsuits, a debt buyer must substantiate legal ownership of your debt. Since the debt buyer did not engage in a contract with you, meeting the standing requirement mandates demonstrating that the original creditor either sold or assigned the debt. Georgia courts mandate that debt buyers furnish documents evidencing the assignment or purchase of the debt, as exemplified in the case of Nyankojo v. North Star Capital Acquisition 679 S.E.2d 57, 298 Ga. App. 6 (Ga.App. 2009).
• Inaccurate or Incomplete Credit and Billing Records: Due to debt buyers purchasing debts “as is” from original creditors, uncertainties arise regarding the proper crediting of payments by the original creditor. Additionally, they may lack access to your billing statements or documents verifying the inception of the debt.
• Expired Statute of Limitations: The statute of limitations delineates the timeframe for a legal claim. Once this period lapses, the law precludes the claim. The duration applicable for debt collection varies by state.
• Evidentiary Challenges: Given that the debt buyer did not engage in the contract or extend credit to you, reliance often falls upon records or documents generated by other parties, such as the original creditor. Consequently, the debt buyer may encounter difficulties persuading the court to accept such documents as evidence in numerous scenarios..

Resolving Your Debt With The Assistance Of Diwan Law, LLC

If you’ve been taken to court by the Mandarich Law Group, LLC, having a skilled lawyer by your side can significantly impact the outcome of your case. At Diwan Law, LLC, our clients have experienced the benefits of our services. We either achieve dismissal of the lawsuit or negotiate substantially reduced debt amounts through the diligent efforts of our legal team. Our commitment is to assist our clients in resolving their debts under fair and reasonable terms. If you’re confronting a lawsuit in Georgia, contact us today to discover how we can protect your interests.

Contact Diwan Law, LLC at (404) 635-6883 for a case assessment.