A crucial component to each case is the Discovery phase. Within discovery, the attorney representing each side asks the other a series of questions. This is so that the attorney can better understand your case and come up with a successful approach to it. Discovery essentially means qu...
The Electronic Fund Transfer Act (EFTA) is a law passed by Congress dealing with the transferring of electronic funds. It provides many consumer protections including disclosure requirements, protections against unauthorized transfers, the protection of specific accounts, and much more. The EFTA ...
A Case Management Conference (or “CMC”) is typically scheduled a few months after an initial complaint is filed. Prior to the CMC the parties should each file their own statement on the judicially approved form. This helps streamline the conference. In San Diego County you may appear in person o...
A general overview of identity theft and how a lawyer can help you
California's Rosenthal Act Now Applies to Some Business Debt
Listen to some important information about California law regarding identity theft and credit reporting.
In this video attorney Jeremy Golden answers some common questions on student loans and credit reporting.
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law in response to the current global pandemic. The CARES Act provides several provisions that assist consumers financially. Mortgage Relief The CARES Act provides temporary relief...
As requested by Governor Gavin Newsom, major national banks and nearly 200 state-chartered banks, credit unions, and mortgage lenders/servicers committed to providing California homeowners relief as a result of the economic fallout of the COVID-19 pandemic. The relief is not predicated on the...
The attorneys at Golden & Cardona-Loya, LLP have been assisting student loan borrowers for over a decade. In response to the COVID-19 pandemic, the federal government passed one of the most borrower-friendly pieces of legislation in recent memory. As part of the CARES Act, the U...
President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (commonly referred to as the “CARES Act”) into law on March 27, 2020. The CARES Act provides mortgage relief for those affected by the drastic economic impact caused by the Covid-19 (“Coronavirus”) pandemic. ...
Everybody I have talked to has received unwanted auto-dialed calls to their cell phone. Also known as “robocalls” these unpleasant interruptions of our daily life can be violations of a consumer protection law. The Telephone Consumer Privacy Act (“TCPA”), 47 U.S.C §227 prohibits unw...
The Fair Credit Reporting Act (“FCRA”) and California Consumer Credit Reporting Agencies Act (“CCRAA”) provide rules that protect your credit information and implements limits on who can pull and access your credit report. In order for an individual or company to pull your credit report they ...
The COVID-19 pandemic has already had an immediate negative impact for consumers trying to pay their bills. With millions of people losing jobs or working reduced hours the smaller paychecks will mean more accounts going into default. This post will give some practical tips as well as some up...
Authority: Fabian v. Renovate America, Inc. (2019) 42 Cal.App.5th 1062 Consumers who have been victims of fraud in transactions related to solar power can seek redress in court. In an era of electronic convenience, consumers are able to contract without physically signing ...
The Fair Debt Collection Practices Act was signed into law on September 20, 1977, by President Jimmy Carter. This law was designed to end deceptive, abusive, behavior from debt collectors, and additionally, unfair debt collection practices. But what is an unfair debt collection ...
It is National Consumer Protection Week! This is a time for our firm to help consumers like you understand your rights in order to make well-informed decisions regarding your finances. One of the crucial areas that consumers must begin to focus on within their finances is identity t...
A third-party debt buyer cannot lay the foundation for the business records of the original creditor. (Midland Funding, LLC v. Romero (2016) 5 Cal.App.5th Supp. 1, accord Sierra Managed Asset Plan, LLC v. Hale (2015) 240 Cal.App.4th Supp. 1.) What does that mean? It means that debt ...
Have you been receiving robocalls to your cell phone? Do your creditors constantly call you with prerecorded messages? Are you receiving spam text messages without your permission? If so, there's a good chance you might be able to put an end to those unwanted calls and texts and even recover ...
What is a foreclosure? A foreclosure is an act of taking possession of a mortgaged property when the mortgagor fails to keep up their mortgage payments. In California, the most common type of foreclosure is a Nonjudicial Foreclosure. This happens when a mortgage agreement has a “pow...
Ever wondered why your credit score is lower than you anticipated? Did you check it and not comprehend why it was lowered? Allow us to share with you a seldom known fact: Credit reporting agencies at times report erroneous credit information. According to The Policy and Economic Res...
Are you receiving debtor calls relating to a debt not owed? If you don't believe you owe a debt you are being contacted about, you can write a request and send through the mail within 30 days of receiving the initial notice or contact, stating that you want verification of the debt. You may a...
The attorneys of Golden & Cardona-Loya, LLP were able to settle a second mortgage with Real Time Resolutions. The unpaid principal balance on the loan was $264,822.97. The loan was settled for $20,000. The settlement will also be reported on the consumers credit report. Please keep in min...
The privacy of an individual's medical information is an important aspect when building trust between a patient and his or her medical provider. The California Confidentiality of Medical Information Act, Civil Code §56 et seq. (“CMIA”) has been established to help keep patients' medical recor...
Individuals who have been the victim of identity theft can request a security freeze or fraud alert to protect against unauthorized use of their information. (For a detailed discussion regarding the difference between security freezes and fraud alerts please see our previous blog post from Oc...
