About Barnette Law Offices, LLC Expertise Barnette Law Offices, LLC can answer questions relating to credit reporting inaccuracies, debt collection abuse, and bankruptcy issues. No portion of any of our communications shall be construed to form an attorney-client relationship. We only represent residents of Tennessee.
Experience Jason Barnette is a licensed attorney in the state of Tennessee admitted before the Tennessee Supreme Court. He is the founder of Barnette Law Offices, LLC in Nashville, Tennessee. Barnette Law Offices, LLC is one a the very few Tennessee law firms which handles cases arising under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Tennessee Consumer Protection Act.
Organizations National Association of Consumer Attorney's (pending)
Education/Credentials Appalachian School of Law - Juris Doctor
Licensed Attorney - Tenneessee Supreme Court
Past/Present Clients J.P. Morgan Chase, Countrywide
Question I need advice regarding a letter I received yesterday. In 2004, my husband and I suffered a financial setback which led to us defaulting on a credit card. LVNV Funding acquired the account and ultimately filed a lawsuit against us, for $2639. We worked out a payment arrangement with them before going to court to avoid judgement. We were paying $130/month on this account to an attorney named Mitchell Rubenstein for several months. We got a letter one day from Rubensteins office stating not to send them anymore payments because they only had 6 months to collect the debt and LVNV Funding took the account out of their office. LVNV placed it with another collection agency, made a couple of collection calls to us, but pursued no other action. After a years time with no activity, the district court closed the case. The case was closed in March 2009. Yesterday, I get a letter in the mail from a collection attorney named Brachfeld and Ass. in Texas and they are threatening to take legal action against me if I don't settle the account immediately. What I'd like to know, can they do this? There was already a lawsuit filed over this debt and it has been closed by the court. Can they still try to collect this debt from me?
Answer Helen:
Maybe but, you could plead res judicata and collateral estoppel. Doubtful it would work but, you could try. If they do sue, either retain counsel to attack evidence of LVNV's ownership or plead the above two affirmative defenses.
If you're in Tennessee, please feel free to contact us at Barnette Law Offices, LLC. We would entertain the notion of assisting you.
Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245 http://www.barnettelawoffices.com
