We aggressively defend you in lawsuits brought by debt buyers, debt collectors or creditors. Our attorneys have successfully defended over 250 collection lawsuits, by obtaining a dismissal or winning the case at trial, thereby saving our clients over $1.8 million. We have successfully defended cases in Chula Vista, San Diego County, Orange County, Los Angeles County and all the way up to Shasta County and many counties in between. We also give seminars and teach other attorneys how to handle these cases.
Most of these cases involve lawsuits based on a credit card. Each case is different but the most common and successful defenses we use are based upon the statute of limitations and the plaintiff’s failure to prove they were assigned the debt. We also analyze each case to see if you have the ability to bring a counterclaim. Thus, sometimes we not only win the case they filed against you but we get you some money in your pocket.
Fair Debt Collections Practices Act / Rosenthal Act
The Fair Debt Collections Practices Act (FDCPA) prohibits debt collectorsfrom harassing consumers while attempting to collect a debt. If you are receiving excessive phone calls, threats or insults, call us and we can get the calls to stop. If a debt collector has lied to you or disclosed information about your debt to friends, families or co-workers we can represent you in a case against the abusive debt collector.
California has a very similar law commonly referred to as the Rosenthal Act. This law prohibits the same kind of abuse by direct creditors attempting to collect a consumer loan.
Overturning Default Judgments
Sometimes a consumer does not notice they have been sued until a creditor obtains a default judgment. This may result in a wage garnishment, bank levy or lien. We file motions to set aside default judgments when notice was not proper or if you have a valid reason for not responding to the lawsuit in time. In many situations we not only overturn the default judgment but are able to recover the money that was garnished or levied.
We were at the forefront of the mortgage meltdown in 2008and continue to fight against unlawful foreclosures. Our location in Chula Vista, San Diego County allowed us to help numerous clients facing foreclosure. Among the issues we have litigated include wrongful foreclosure and mortgage loan fraud. We have obtained money settlements for our clients and home loan modifications, including principal reductions.
Student loans are some of the most difficult debts for a consumer to resolve for a couple reasons. First, student loan collection actions sometimes do not have a statute of limitations. Second, student loans are extremely difficult to discharge in bankruptcy. However, we can review your situation and advise you on the best legal strategy. Student loan collections may also involve various kinds of abuses including the collection of unwarranted fees and penalties, deceptive collection tactics, and violations of state and/or federal fair debt collection statutes.
Repossessions and Deficiencies
Automobile repossessions are sometimes pursued by creditors in violation of the applicable laws. Some issues to look for include the sale of the repossessed vehicle at a commercially unreasonable price, or not having received the proper notice prior to the auction. These defenses can be raised in a deficiency action. We can also help if your personal property was seized in a repossessed vehicle, or if you have been the victim of abusive debt collection practices, warranty breaches, or unfair practices by auto dealerships such as “yo-yo” transactions.
The Truth in Lending Act (TILA) is a federal consumer protection law that regulates the disclosures a lending institution must provide to a consumer when a loan is made. It is a powerful statute that in certain circumstances can result in the lender being forced to rescind the loan.
The Real Estate Settlement Procedures Act (RESPA) is another federal law that protects consumers. Among other things, it requires your mortgage servicer to provide certain detailed information about your mortgage loan if you request the information. We can prepare a Qualified Written Request (QWR) for you and find out detailed information about any mortgage servicing errors you may be facing.
Mortgage Servicing Violations and Fraud
We have litigated numerous cases based on the failure of mortgage services to comply with the Home Affordability and Modification Program (HAMP). A frequent unfair business practice we come across is when a homeowner has been offered a Trial Period Plan (TPP) and complies with their obligations only to be denied a permanent modification. If you have been the victim of this practice, please contact us.
Force-Placed Insurance by Mortgage Servicer
Under RESPA, a mortgage loan “servicer may not assess on a borrower a premium charge or fee related to force-placed insurance unless the servicer has a reasonable basis to believe that the borrower has failed to comply with the mortgage loan contract's requirement to maintain hazard insurance.” (12 CFR § 1024.37(b).) In addition, mortgage loan servicers must also provide you notices that comply with strict time and content criteria regarding their obtaining the force-placed insurance policy before charging you on the premiums. If you are paying your mortgage servicer on a force-placed insurance policy when your individual policy premiums were current or without having been provided proper notice of the force-placed insurance policy, you may have a potential claim for damages under RESPA.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FRCA) requires that credit reporting agencies (i.e. Trans Union, Equifax, and Experian) report only true and accurate information. If you have noticed incorrect information on your credit reports please visit our tab under resources for more information on how to handle this situation.
Identity theft transpires every day despite a person’s best efforts to avoid it. A victim might have a credit card taken out in their name or charges made to an existing card. It may also involve fraud related to utilities or mortgage loans. Legal representation assists in dealing with credit reporting bureaus, creditors, and defending innocent victims from collectors and collection suits.
If you have purchased a new or used car that has failed to operate as expected you may be entitled to a replacement vehicle or money damages. The dealership may also be required to pay us attorneys’ fees.
As part of our commitment to representing individuals who have been injured or harmed by the conduct of others, we also handle personal injury cases ranging from assault and battery to medical malpractice. Submit your information to us for a free case evaluation.
Our legal team assists individuals seeking employment and family-based immigration. Available services range from green cards, citizenship, work visas, and adjustment of status. Our team has been able to assist clients in making the dream of American citizen come to fruition. Se habla Español.
The Telephone Consumer Protection Act (TCPA) shields consumers from abusive telephone practices. The law protects consumers from unsolicited auto-dialed “robo” calls, or calls using an artificial or pre-recorded voice. These actions are performed by telemarketers, advertising agencies, and debt collectors. If you have received a call of this type you may be entitled to money damages, per violation.
Many companies and entities have started to record all consumer communications. If you have been recorded during a telephone call without your permission, you may be entitled to money damages. The entity or individual recording you must ask for your consent at the beginning of the telephone conversation to record the conversation.
Disclaimer: Although we are proud of our accomplishments, there is no guarantee we can obtain similar results for you. The information is for educational purposes only. It is not to be relied upon as legal advice.