Unifund CCR is one of the many common debt-buyer creditors that we run across when defending consumers in debt lawsuits and default judgments. Unifund is commonly represented by Mullooly Jeffrey Rooney and Flynn, a well-known debt collection law firm in New York and New Jersey. We also see another law firm, Kirschenbaum & Phillips representing them from time to time as well. Unifund buys original creditor debt such as Bank of America or other debt buyers such as Atlantic Credit & Finance and then pursues collection and litigation against consumers.
It is a good idea to try to resolve a Unifund matter prior to litigation as they are usually willing to settle for a lower balance given the cost of litigation and the difficulty in enforcing a judgment even if it has been obtained. It saves the consumer money as they do not have to litigate either. However, lawsuits are frequent and a consumer should put forward an aggressive defense when he is sued by Unifund. Keeping the burden on the creditor to prove their case provides the necessary leverage in obtaining a fair settlement if that is what the consumer is interested in.
Alternatively, many Unifund and other debt-buyer matters have a better chance of being dismissed as they often cannot produce a bill of sale or chain of title showing the assignment of debt from one creditor to the next. It is always worth reaching out to Mullooly, Jeffrey, Rooney, and Flynn or Kirschenbaum & Phillips to see what kind of offer to settle is available.