Does Case Law Scare You If It Is Not In Your Favor?

I read a lot of cases. I read almost every one I see.

There are cases that go for and against the consumer. There is often case law on the exact same legal issue that goes both ways.

Don’t let it discourage you.

I often get naysayers that spout off one case that proves that defendants can or cant do something. Almost anyone can then spout off a case that says the opposite.

I generally tell the naysayers they are right, unless they are the opposing counsel. They are not really worth debating with. What do you have to win by convincing a naysayer you are right? Nothing.

I just go about my business and file my lawsuits. Then I win.

If the naysayer is counsel for the defense, I tell them that it doesn’t matter what we think about who has better case law. In the end it will be the jury that decides. That usually is the end of their barfing out case law.

The reason I bring this up is that I was reading about a case on the Association of Credit and Collection Professionals website. The article was describing some guy that was getting calls from a collector trying to reach the guy’s brother… The notlegaladvice.org-case-lawjest of the article is that the collector won the suit and they think they can call a third party to the debt as many times as they want. The case is Worsham v. Accounts Receivable Mgmt., Inc.

If this case is used against you, you need to read the case. Don’t read what somebody else says about the case… read the case yourself and make your own educated opinion. In the above case if you care to read it I bet you will have a different take on why Worsham lost. I would tell you my opinion, but that would defeat the purpose of the post. Read the case yourself.

Fight the essential fight. Boiler

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