Golden & Cardona-Loya, LLP is made up of skilled trial litigators and has helped their clients save over $2,000,000 and defended hundreds of debt collection lawsuits throughout Chula Vista & San Diego, California. The majority of these cases have resulted in a dismissal for our client with no money being paid.
We take cases on and then prepare as if we will proceed with a trial or arbitration. Although we are always willing to settle for a fair amount pursuant to our client’s instructions we are also not opposed to pushing a case through to judgment to obtain for our client a just result. Here are some instances where we obtained an arbitration award.
In 2020 alone, take a look at our results…
We defended this case filed by Midland Funding, LLC and Midland dismissed it. The affirmative defenses we alleged included that Midland Funding, LLC does not have the rights to file suit. We claimed Midland could not prove that it was assigned the account. Midland Funding, LLC was represented by the Mandarich Law Group.
In another case filed by Midland Funding, we were able to obtain a dismissal for our client. She was the victim of identity theft and did not open the account at issue.
In September 2020 NCSLT dismissed a $22,266.98 debt collection case with our client paying nothing. We alleged that NCSLT did not have standing or capacity to file the lawsuit. We contend that a trust cannot file suit in its own name that it cannot collect. NCSLT was represented by the Law Offices of Patenuade & Felix, A.P.C.
We defended this case filed by the BH Financial Group, LLC who was represented by Kenosian & Miele. The case was filed to collect an alleged debt of $14,608.84. The case was dismissed without our client having to pay any funds to the debt buyer.
We defended this case filed by Cavalry SPV I, LLC represented by Mandarich Law Group. The amount sought exceeded $5,000. The case was dismissed without our client having to pay the debt collector. We alleged that the case was filed past the statute of limitations. After the case was dismissed we submitted a memorandum of costs for Cavalry SPV I, LLC to reimburse our client for the costs in defending the case.
We have also had success against banks who file collection actions. In August 2020, we were successful in defending a case filed by TD Bank in the County of San Diego. TD Bank was represented by the Law Offices of Patenuade & Felix, A.P.C. The case against our client was dismissed before it went to trial.
In 2020, we have also received dismissals in cases filed by Discover Bank, and Navient Credit Finance Corp. We also have a history of defending cases filed by Hunt & Henriques and other collections firms.
We represented a member of the military in this case filed against Cellco Partnership; better known as Verizon. The servicemember was deployed overseas. Prior to his deployment he contacted Verizon to have his account suspended while on deployment. Verizon failed to suspend his account and wrongfully assessed charges. It then sought to collect the invalid charges and reported it to his credit profile. The arbitrator found Verizon violated the Rosenthal Act and California Consumer Credit Reporting Agencies Act (CCRAA) and awarded $17,666.25.
This case involved violations of the Telephone Consumer Privacy Act (TCPA) we obtained an arbitration award of $65,500 against Sallie Mae. Sallie Mae is a student loan servicer. It placed debt collection calls using an Automatic Telephone Dialing System (“ATDS”) to our client after he told them to stop. Sallie Mae is now known as Navient. The arbitrator also found that Sallie Mae violated the Rosenthal Act.
In this case against Credit One Bank we obtained a total arbitration award of $411,757. This case involved Credit One wrongfully charging a credit card that a husband and wife had previously canceled. Credit One then sought to collect the invalid charges. It placed 228 robocalls with an Automatic Telephone Dialing System (ATDS) in violation of the Telephone Consumer Privacy Act (TCPA). Credit One also wrongfully reported the debt to the consumer’s credit report. A unanimous arbitration panel found Credit One violated numerous consumer protection laws.
We also obtained an arbitration award of $62,500 against a credit union that violated the Identity Theft Act in San Diego. In this case our client was the victim of identity theft when his debit card was used without his knowledge or authorization. After reporting it to the police the credit union continued to pursue him for the fraudulent charges. The arbitrator awarded a statutory penalty of $19,080.50 on the California Identity Theft Act in addition to finding violations of the Rosenthal Act and CCRAA.