Fair Debt Collection - California Lawyer

Cases Involving LVNV Funding and Hunt & Henriques

Our firm recently accepted a new case involving a credit card lawsuit filed by the debt collection law firm Hunt & Henriques on behalf of LVNV Funding LLC.  If you have been sued by these entities, or feel they may have acted in a way that violates the Fair Debt Collection Practices Act (also known as the FDCPA), we are interested in hearing from you.  Our firm can be contacted via telephone at 323-521-4422 or email at psmith@paulsmithlaw.com, or you can visit our website and fill out our form submission.

Winn Law and Cavalry Portfolio Settle Lawsuit - NO PAYMENT

Our firm has settled a lawsuit brought against our client by Winn Law Group on behalf of Cavalry Portfolio Services for NO PAYMENT by our client.  In other words, they are dismissing the lawsuit with prejudice and permanently extuinguishing the alleged debt and related dispute with neither side making any payment.

Remember, collection cases against consumers may have defenses even if you owed the alleged debt, particularly if the plaintiff is an assignee of the alleged debt and not the original creditor.  If you are sued by a debt collector, take advantage of a free consultation with a consumer attorney immediately so you can learn about your rights and options.  California residents can contact my office via telephone (323-521-4422) or email at psmith@paulsmithlaw.com.  Residents of other states should visit the National Association of Consumer Advocates.

Citibank and Hunt & Henriques Collection Lawsuit Dismissed at Trial

Mere minutes before trial was set to commence on September 21, 2009, Citibank's lawsuit against my client brought by their attorney debt collectors Hunt & Henriques was dismissed.  The lawsuit was brought in San Jose Superior Court and sought over $6,000 plus interest, attorney fees, and costs.  I personally flew to San Jose for the trial, and was handed the dismissal as trial was set to commence.

Always consult with an attorney if served with a debt collection lawsuit.  California residents can contact my office for a free consultation.  Ignoring a lawsuit will likely result in a quick default judgment, allowing the debt collector to garnish wages, levy bank accounts, and place liens on property.  I can be contacted via telephone at 858-679-3396 or email at psmith@paulsmithlaw.com.  Residents of other states should visit the National Association of Consumer Advocates to locate an attorney in their state.

Bank of America / Harris & Zide's $21k+ Lawsuit Dismissed At Trial

After showing up for trial at Santa Clara County Court in San Jose with no witnesses and failing to get a continuance, Bank of America's lawsuit against my client seeking in excess of $21k on an alleged credit card debt was dismissed.  Bank of America (represented by Flint Zide from their debt collection law firm Harris & Zide) had served a CCP 98 Declaration in Lieu of Live Testimony.  My firm in response served Notice to Appear at Trial for the declarant, meaning the declaration and documents would not be admitted unless that witness appeared at trial for cross-examination.

Harris & Zide sought a continuance based on "inability to get a Bank of America witness to appear at trial" and, after hearing argument from both sides, the judge rejected the request for a continuance, resulting in a dismissal of the case.

Remember, collection cases against consumers are generally quite defensible.  If you are sued by a debt collector, take advantage of a free consultation with a consumer attorney immediately so you can learn about your rights and options.  California residents can contact my office via telephone (858-679-3396) or email at psmith@paulsmithlaw.com.  Residents of other states should visit the National Association of Consumer Advocates webpage.

New FDCPA Case Against National Recovery Agency (NRA Group, LLC)

My firm is filing a new Fair Debt Collection Practices Act (FDCPA) lawsuit against NRA Group, LLC dba National Recovery Agency for unlawful debt collection practices.  The case is being filed in the Southern District of California federal court and seeks $20,000 in actual damages plus $1,000 statutory damages under federal law, $1,000 Statutory damages under state law, attorney fees and costs.  The lawsuit alleges that NRA Group, LLC dba National Recovery Agency violated the federal FDCPA and California's equivalent statute, the Rosenthal Act, by attempting to collect a debt not actually owed and reporting (and later verifying as accurate) false information to Experian credit reporting agency.  

Consumers who think a debt collector may be violating the law should consult immediately with a consumer attorney, particularly since the statute of limitations on Fair Debt Collection Practices Act claims is just one year.  Consumers in California can contact my office via email (psmith@paulsmithlaw.com) or telephone (858-679-3396) for a free consultation.  Consumers in other states should visit the National Association of Consumer Advocates website (www.naca.net) to locate an attorney in their state.  

Unifund Agrees To Dismiss Shortly Before Trial

Unifund CCR Partners, through their debt collection attorneys Lang, Richert, and Patch, has agreed to dismiss its collection lawsuit against my client approximately two weeks prior to trial.  This lawsuit was filed in Imperial County Superior Court in El Centro in December of 2007.

Sometimes debt collectors will try to hang on to a lawsuit until trial approaches, but ultimately the result is usually the same.  Very few of these cases actually go to trial because debt collector plaintiffs very rarely have the evidence and witnesses necessary to prove a debt collection case in a court of law.

If you are served with a summons and complaint, please consult with a consumer attorney to learn about your rights and obligations.  Do not allow a default judgment to be entered against you.  California residents can contact my office via telephone (858-679-3396) or email (psmith@paulsmithlaw.com) for a free consultation.  Residents of other states should visit the National Association of Consumer Advocates website to locate an attorney in your state.

Rory Clark and Worldwide Asset Purchasing Dismiss Another Collection Lawsuit

Shortly after my firm became involved and served written discovery, Worldwide Asset Purchasing (through their attorneys and fellow debt collectors Law Office of Rory W. Clark) dismissed yet another collection lawsuit.  The case was filed in Contra Costa County Superior Court and sought damages related to an alleged credit card account.

Always consult a consumer attorney when confronted with a credit card collection lawsuit, as you may have rights and defenses that are unknown to the layperson.  California residents can contact my office via email (psmith@paulsmithlaw.com) or telephone (858-679-3396).  Residents of other states can visit the National Association of Consumer Advocates.

Midland Funding and Mann Bracken Dismiss Collection Lawsuit

Debt collection company Midland Funding LLC (through their attorneys and fellow debt collectors Mann Bracken LLP) has agreed to dismiss a debt collection lawsuit filed against my client in Orange County Superior Court.  The agreement to dismiss came days before their responses to our discovery requests were due.

Responding to complaints and serving written discovery is the best way to combat these debt collection lawsuits.  Often debt collectors and their debt collection law firms won't want to respond, but in the event they do respond, you get to see what sort of actual documentation they have to support their debt collection claims.

If you are served with a summons and complaint, please consult immediately with a consumer attorney.  California residents can contact me at my office for a free consultation via email at psmith@paulsmithlaw.com or telephone at 858-679-3396.  Residents of other states can visit the Natioanl Association of Consumer Advocates to locate an attorney in your state.

LVNV Funding / Brachfeld Dismiss Debt Collection Lawsuit

Debt collection company LVNV Funding LLC, via their attorneys Law Offices of Brachfeld & Associates, P.C., dismissed their debt collection case against my client in Los Angeles Superior Court (Torrance).  A motion for attorney fees and costs is pending.

It's vital to defend collection cases rather then allow a default judgment to be entered (which is what debt collection companies and law firms want because it entitles them to garnish wages and levy bank accounts).  If served with a summons, consult with a consumer attorney.  California residents can contact my office via email (psmith@paulsmithlaw.com) or telephone (858-679-3396).  Residents of other states can locate an attorney by visiting the National Association of Consumer Advocates website (www.naca.net).

Judge Dismisses Midland Funding LLC's Debt Collection Lawsuit

Debt collection company Midland Funding LLC (also known as Midland Credit Management), represented by their attorneys (fellow debt collectors) CIR Law Office, LLP, had their debt collection lawsuit against my client involuntarily dismissed yesterday by a Los Angeles County (Antelope) Superior Court judge.  Midland and CIR had failed to participate in the case since my firm became involved, and the judge therefore dismissed the case.  We are filing a motion today seeking to have my client's attorney fees and costs reimbursed.

Keep in mind that most debt collection law firms are simply trying to obtain default judgments so they can garnish wages and levy bank accounts.  If you find out you have been sued by a debt collector, it is vital that you consult with a consumer attorney and not allow a default judgment to be entered for failure to respond.  California residents can contact my office via email (psmith@paulsmithlaw.com) or telephone (858-679-3396) for a free consultation.  Residents of other states can locate an attorney by visiting the National Association of Consumer Advocates website.

FDCPA Lawsuit Filed Against Creditors Financial Group

My firm has filed a lawsuit against Creditors Financial Group, LLC alleging various violations of the Fair Debt Collection Practices Act (FDCPA) including (but not limited to) continuing to attempt to contact my client via telephone after being informed in writing by my client to cease telephone communications and failing to mail written notice of my client's FDCPA rights within five days of the initial communication.

If you feel a debt collector has done anything wrong in the manner in which they are pursuing an alleged debt, please contact a consumer attorney for a consultation.  California consumers can contact my office via email (psmith@paulsmithlaw.com) or telephone at (858) 679-3396.  Residents of other states can locate a consumer attorney via the National Association of Consumer Advocates website at http://www.naca.net.

Forbes Article Addresses Overzealous Debt Collectors

Forbes Magazine has a good article out entitled "How To Hold Off Debt Collectors."  It's a helpful article for consumers and even includes a section entitled "In Pictures: Six Consumer Rights Every Debtor Should Know."  The debt collection industry is the most complained about industry at the FTC.  It's always good to see mainstream media helping out by providing consumers helpful information.

Remember, if you feel a debt collector is doing something wrong in how they are pursuing a debt, please contact a consumer lawyer for a consultation.  California residents can contact my office (the Law Offices of Paul E. Smith) for a free consultation via email (psmith@paulsmithlaw.com) or telephone (858-679-3396).  Residents of other states can locate an attorney by visiting the National Association of Consumer Advocates website.

White & Whitley Group Agrees to Dismiss Debt Collection Lawsuit

White & Whitley Group, LLC, through their attorneys (also debt collectors) Law Offices of Kenosian & Miele, LLP, has agreed to dismiss with prejudice a debt collection lawsuit brought against my client in the Superior Court of California, County of Ventura.  The lawsuit sought just under $5,000 plus interest, attorney fees, and costs.  My client is paying nothing.

When sued by a debt collector, it is vitally important to consult with a consumer attorney immediately.  California residents can contact my firm by email (psmith@paulsmithlaw.com) or telephone (858-679-3396).  Residents of other states can locate attorneys through the National Association of Consumer Advocates website.

CACV of Colorado Dismisses $23k+ Lawsuit

Debt collection company CACV of Colorado, LLC (which also apparently goes by the names CACH, LLC and Collect America), through its law firm Hollins Schechter, has dismissed a lawsuit against my firm's client just a few days before trial.  The lawsuit brought claims for breach of contract, money had and received, and account stated and sought $23,137.79 plus interest, costs, and attorney fees in relation to an alleged credit card account.  The case was being heard in the Superior Court of California, County of Santa Barbara.

When sued by a debt collector, it is vitally important that consumers learn their rights and protect their interests and not allow a default judgment to be entered against them.  Any consumer in California sued by a debt collector can obtain a free consultation with me by emailing me at psmith@paulsmithlaw.com or by calling my office at (858) 679-3396.  Consumers outside California can find an attorney in their state by visiting the National Association of Consumer Advocates webpage.

Rory Clark and Worldwide Asset Purchasing Dismiss Another Case

Debt collection company Worldwide Asset Purchasing, through their attorneys (fellow debt collectors) the Law Office of Rory W. Clark, has dismissed yet another lawsuit shortly after I became involved as attorney of record for my client.  This lawsuit, Los Angeles Court Case No. 08C02627, was filed in July of 2008, but my client wasn't served until December.  My firm filed an Answer and served written discovery in late January of 2009, and the case was dismissed shortly thereafter.  The lawsuit had demanded over $12,000 on an allegedly defaulted credit card debt.

Once again, it is extremely important to promptly act upon receipt of a summons.  Failure to respond in writing with the court within the required time will result in a default judgment, which can then result in wage and bank account garnishments.  If you are a California resident and are sued, or if you feel a debt collector has done something wrong, please contact my office (email psmith@paulsmithlaw.com or telephone 858-679-3396) for a free consultation.  We defend lawsuits for a low flat fee and sue debt collectors on a contingency basis.  Residents of other states should visit the National Association of Consumer Advocates to locate a consumer attorney.

Atlantic Credit and Finance (via Law Office of Curtis O. Barnes) Dismisses Collection Lawsuit

Atlantic Credit and Finance, Inc., via their attorneys (fellow debt collectors) the Law Office of Curtis O. Barnes, has requested dismissal of their debt collection lawsuit filed against my client in the Superior Court of Los Angeles in Long Beach.  The dismissal was not filed long after notice was given of my firm's representation of my client and our intent to defend the lawsuit.

Again, it is very important to act promptly if served with a summons for a collection lawsuit.  Most debt collectors just want to take your default.  California consumers can contact me for a free consultation (psmith@paulsmithlaw.com).  Residents of other states can locate an attorney via the National Asssociation of Consumer Advocates website.

Unifund CCR Partners Dismisses Collection Lawsuit

Shortly after my firm became involved, Unifund CCR Partners, through their lawyers (fellow debt collectors) the Law Offices of Kenosian & Miele, LLP (Kenneth J. Miele), have voluntarily dismissed the collection lawsuit filed against my client in the Superior Court of California, County of Los Angeles, Whittier (Case No. 07C03513).  Unifund and Miele were claiming my client owed over $14,000 on an alleged credit card debt.

Many debt collection lawsuits are defensible, but consumers must know to follow the instructions on the summons and respond to the lawsuit.  Otherwise, debt collectors get default judgments, which is their primary goal in filing debt collection lawsuits.  I strongly urge consumers to get a free consultation with an attorney when served with a collection lawsuit.  California consumers can contact my office (psmith@paulsmithlaw.com or 858-679-3396).  Consumers outside of California can find an attorney through the National Association of Consumer Advocates website at http://www.naca.net.

Consumer advocate and credit expert Bud Hibbs has more information on Unifund you can access by clicking here.  Consumers should be extremely careful when dealing with this company and any attorneys who are claiming to represent it.

Wolpoff & Abramson Settle FDCPA Lawsuit

Debt collection law firm Wolpoff & Abramson, LLP has settled a federal lawsuit my firm filed against it alleging unlawful debt collection practices under the federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act.  The lawsuit was filed in the United States District Court in San Diego and was case number 07-CV-02127.  Wolpoff & Abramson agreed to make a satisfactory payment to my client prior to it having to respond to the lawsuit.

The lawsuit alleged that Wolpoff & Abramson violated the FDCPA by: (1) continuing collection activities without responding adequately to a timely validation request; (2) communicating a false impression of the character, amount, and/or legal status of the alleged debt; (3) threatening to take action that could not legally be taken and/or was not intended to be taken; (4) using false, deceptive, and/or misleading representations or means in connection with attempted collection of the alleged debt; (5) using unfair and/or unconscionable means to attempt to collect the allged debt; (6) engaging in conduct the natural consequence of which was to harass, oppress, and/or abuse my client in connection with the attempted collection of the allged debt; (7) by contacting my client at her place of employment when Wolpoff & Abramson knew or had reason to know that such calls were prohibited; and (8)by contacting my client after my client notified Wolpoff & Abramson that she wished Wolpoff & Abramson to cease further communication by telephone.

Consumer advocate and credit expert Bud Hibbs names Wolpoff & Abramson one of America's ten worst debt collection agencies.  You can read more about what Bud has to say about Wolpoff & Abramson by clicking here.  If you think you may have been treated inappropriately in connection with an attempted debt collection, please be sure to immediately contact a consumer attorney.  California residents can contact me (psmith@paulsmithlaw.com or 858-679-3396) for a free consultation.  Residents of other states can locate an attorney via the National Association of Consumer Advocates website.

My Firm Defending Case Brought by Asset Acceptance and Goldsmith & Hull

My firm will be defending a collection lawsuit brought by Asset Acceptance, LLC through their attorneys (fellow debt collectors) Goldsmith & Hull, PC.  The case was brought in the Superior Court of California, County of Los Angeles, Torrance Division and seeks just over $10,000.

If you are sued by Asset Acceptance, Goldsmith & Hull, or any debt collector for that matter, it is crucial to get a free consulation with a consumer attorney as quickly as possible.  Failure to respond as instructed on the summons will likely result in a default judgment being entered against you, which is exactly what most debt collectors are hoping for when they sue a consumer, as it entitles them to possibly garnish bank accounts and wages. 

California residents can always contact my office via email (psmith@paulsmithlaw.com) or telephone (858-679-3396) for a free consultation.  Residents of other states should visit the National Association of Consumer Advocates website to locate a consumer attorney in your state.  To read what consumer advocate and credit expert Bud Hibbs has to say about Asset Acceptance, click here.

My Firm Defending Collection Case Brought by Palisades Collection, LLC and Patenaude & Felix

My firm will be defending another case brought by Palisades Collection, LLC through their attorneys (fellow debt collectors) Patenaude & Felix.  The case was brought in the Superior Court of California, County of Los Angeles, and seeks just under $6,000 for an alleged credit card debt.

My firm now almost exclusively handles defense of collection lawsuits and sues debt collectors for violations of the federal Fair Debt Collection Practices Act and California's Rosenthal Fair Debt Collection Practices Act.

When individuals are sued for an alleged debt, they should immediately consult with a consumer attorney.  The worst thing you can do is not respond (even if you think you may owe the alleged debt), because this allows the debt collector to obtain a default judgment, which may entitle the debt collector to garnish bank accounts or wages, and place liens on real property.

Consumers in California can contact my office via email (psmith@paulsmithlaw.com) or telephone (858-679-3396) for a free consultation.  Consumers outside California should visit the webpage for the National Association of Consumer Advocates to locate an attorney in their state.

Who is Unifund?

An article in the Cincinnati Business Courtier entitled Consumer debt? He loves it - Unifund thrives by taking on others' unpaid bills, to tune of $12 billion gives us some interesting insights into Unifund's business.

For example, the scope of their business:

Founded in 1986, Unifund is now the second-largest purchaser of U.S. consumer debt, with 2006 revenue of $375 million. And it's poised to get a lot bigger.

How much they pay for the debt they are collecting on:

Typically, [Unifund] pays no more than 10 cents on the dollar for accounts that other collection agencies have tried - and failed - to convert to cash. Then, [it] uses proprietary programs with code names like Avalanche and Iceberg to gather data on debtors. Sometimes, Unifund sues to collect. But usually it bundles accounts into salable commodities . . . . Collection agencies and law firms typically pay 20 cents to 30 cents on the dollar for Unifund accounts, transactions that let [Unifund] double or triple [its] original investment.

The article does mention Unifund's reputation:

Consumer activists like Budd Hibbs have criticized Unifund's tactics as overly aggressive. Hibbs, who bills himself as "America's Consumer Credit Expert" calls Unifund one of America's worst debt collectors at www.buddhibbs.com.

The problem not mentioned in the article is Unifund suing on debt for which it has paid almost nothing, and for which it has little to no documentation.  Unifund's involvement with alleged debts can also cause problems for consumers by Unifund purchasing and then reselling the alleged debt, again with little to no documentation. 

The bottom line is that consumers need to be extremely cautious if they come across an alleged debt with which Unifund is involved.  If sued by Unifund, immediately consult with a consumer attorney.  California residents can contact me at my firm via telephone (858-679-3396) or email (psmith@paulsmithlaw.com). for a free consultation.  Residents of other states can locate an attorney through the National Association of Consumer Advocates website.

You can read what Bud Hibbs has to say about Unifund by clicking here.

Erin Capital Management and Eltman, Eltman & Cooper Settle

Erin Capital Management and their attorneys (fellow debt collectors) Eltman, Eltman & Cooper have settled a federal lawsuit my firm filed against them for violations of the Fair Debt Collection Practices Act, agreeing to dismiss the state court collection lawsuit they filed against my client and pay an amount sufficient to cover all my attorney fees, all costs, and an additional amount to my client to compensate him for statutory and actual damages.

This is yet another case that demonstrates the importance of properly exercising your right to dispute an alleged debt, and obtaining representation to defend a credit card collection case and pursue claims, if such claims are viable, for violations of the Fair Debt Collection Practices Act.  Consumers must be careful to respond to lawsuits in a timely fashion and avoid having a default judgment entered against them.

If you have been sued by a debt collector, or if you have lawfully disputed an alleged debt and the debt collector has continued collection attempts without validating the debt in writing, you should obtain a free consultation with a consumer attorney.  California residents can contact me via telephone (858-679-3396) or email (psmith@paulsmithlaw.com) for a free consultation.  Residents of other states can locate an attorney by visiting the webpage for the National Association of Consumer Advocates.

Rory Clark Dismisses Yet Another Credit Card Collection Case

Rory Clark, representing Worldwide Asset Purchasing, has dismissed yet another credit card collection case after notice of my firm's representation of the defendant.  This case was entitled Worldwide Asset Purchasing, LLC v. York and was brought in the Superior Court of California, County of Kern.

My firm now handles collection cases throughout California.  If you are sued by a debt collector, take advantage of a free consultation with an attorney before proceeding.  YOU MUST RESPOND WITHIN 30 DAYS OF RECEIVING A SUMMONS OR A DEFAULT JUDGMENT WILL BE  ENTERED AGAINST YOU.  California residents can contact me via email (psmith@paulsmithlaw.com) or telephone (858-679-3396) for a free consultation.  Residents of other states can locate an attorney through the National Association of Consumer Advocates.

Unifund and Hameroff/Lavinsky Dismiss Collection Case on Day of Trial

The Hameroff/Lavinsky Law Firm, P.C. filed a collection case on behalf of Unifund CCR Partners against my client in San Diego Superior Court seeking to collect on an alleged credit card debt.  The case was scheduled to go to trial August 10, 2007 at 1:30 p.m. and was dismissed by Hameroff/Lavinsky and Unifund that morning.

Debt collectors do sue, and sue often, but rarely have the competent and admissible evidence and witnesses necessary to prove a collection case at trial.  They sue largely with the purpose of obtaining a default judgment in order to garnish bank accounts and wages.  As I have repeatedly stated, do NOT allow a debt collector to obtain a default judgment against you.  When you are served with a summons, read it carefully.

Of course, if you are served with a summons you should at least consult with a consumer attorney.  Consumers in California can contact me for a free consultation by telephone (858-679-3396) or email (psmith@paulsmithlaw.com).  Consumers outside California should visit the National Association of Consumer Advocates webpage to locate an attorney in their state.

Consumer advocate and credit expert Bud Hibbs has information about Unifund CCR Partners here, and even names Unifund one of America's worst collection agencies.

Winn & Sims and Cavalry Portfolio Services Dismiss Collection Suit

Winn & Sims and Cavalry Portfolio Services have dismissed a collection lawsuit that was filed against my client in the Superior Court of California, County of Alameda (Case No. HG05203677).  My firm has represented the defendant since late in 2005 when he found out a default judgment had been entered against him.

This lawsuit had a very long path.  Winn & Sims and Cavalry Portfolio Services initially obtained a default judgment against my client by allegedly serving him at a UPS Store.  My firm filed a motion to vacate that judgment and the court granted the motion.  After a very extended length of time, my client was served with the lawsuit, but upon my firm filing an Answer to the Complaint, Winn & Sims notified me that they were dismissing the action.

Keep in mind that if you find out a judgment has been entered against you without any actual notice to you, you may be able to get that judgment vacated and defend the lawsuit.  Consumers have many rights that can be exercised in the defense of a collection lawsuit.

Whenever you have been sued by a debt collector, or feel a debt collector is acting improperly, you should obtain a free consultation from a consumer attorney.  California residents can feel free to contact me by telephone (858-679-3396) or email (psmith@paulsmithlaw.com).  Residents of other states should visit the National Association of Consumer Advocates website to locate an attorney in their state.

Consumer advocate and credit expert Bud Hibbs has information on Cavalry Portfolio Services here and Winn & Sims here.

New FDCPA Case Filed Against Eltman, Eltman & Cooper and Erin Capital Management LLC

My firm has filed a new lawsuit against Eltman, Eltman & Cooper, P.C. and Erin Capital Management LLC alleging multiple violations of the federal Fair Debt Collection Practices Act and California's Rosenthal Fair Debt Collection Practices Act.  The case was brought in the United States District Court in Los Angeles.

The lawsuit alleges that Eltman, Eltman & Cooper and Erin Capital Management sent an initial demand letter that failed to include the name of the current creditor, misrepresented that Eltman was representing Providian, and failed to state the current amount of the alleged debt.  The lawsuit also alleges that, after receiving a timely dispute letter from my client, Eltman, Eltman & Cooper and Erin Capital Management continued their collection activities, including the filing of a collection lawsuit, without first providing verification of the alleged debt.  The lawsuit also alleges that these collection agencies made false statements in the lawsuit they filed against my client.

Consumers should keep in mind that a debt collector is required to make certain written disclosures to you within five days of their initial communication, including your right to dispute the debt.  If you dispute the debt in writing within 30 days of receipt of the notice, they are required to cease collection activities until they provide you with written verification of the alleged debt.  If you are sued by a debt collector, you must respond or you will have a default judgment entered against you, possibly entitling the debt collector to garnish you bank accounts or your wages and place liens on property that you own.

Consumers in California should feel free to contact my office via telephone (858-679-3396) or email (psmith@paulsmithlaw.com) for a free consultation.  Consumers in other states should visit the National Association of Consumer Advocates webpage to locate an attorney in your state.

My Firm Defending Collection Case Brought by Worldwide Asset Purchasing and Rory Clark

My firm will be defending a collection case brought by Worldwide Asset Purchasing and the Law Office of Rory W. Clark in the Superior Court of California in Kern County, Case No. S-1503-CL-6153. 

My firm now handles collection cases throughout California.  If you are sued by a debt collector, take advantage of a free consultation with an attorney before proceeding.  YOU MUST RESPOND WITHIN 30 DAYS OF RECEIVING A SUMMONS OR A DEFAULT JUDGMENT WILL BE  ENTERED AGAINST YOU.  California residents can contact me via email (psmith@paulsmithlaw.com) or telephone (858-679-3396) for a free consultation.  Residents of other states can locate an attorney through the National Association of Consumer Advocates.

FDCPA Case Against Worldwide Asset Purchasing Settles

My firm has settled a case filed against Worldwide Asset Purchasing for violations of the federal Fair Debt Collection Practices Act and the California Rosenthal Act.  The case was filed in the United States District Court in Los Angeles and was case no. CV07-03526.

The lawsuit alleged that my client was involved in a major traffic accident in Virginia in October of 2001 and then was transferred to California in February of 2002, and then Worldwide Asset Purchasing obtained a judgment based on an alleged credit card debt in December of 2005.  The lawsuit alleged that the judgment was obtained in Virginia without proper service of process or any actual notice to my client.

The lawsuit alleged that my client learned of the judgment through an attempted garnishment of his bank account in January of 2007.  My client informed Worldwide Asset Purchasing that he disputed the debt and was never served with the lawsuit, and despite this information Worldwide continued to attempt to collect the debt.

The lawsuit was dismissed by my client in exchange for Worldwide Asset Purchasing vacating the judgment obtained in Virginia and dismissing that lawsuit with prejudice and waiving any right to that alleged debt, and making payment to cover my firm's full attorney fees and costs as well as my client's damages.

Consumer advocate and credit expert Bud Hibbs has information about Worldwide Asset Purchasing here.  If you are sued by a debt collector or learn of a judgment entered against you, please do not hesitate to contact a consumer attorney for a free consultation.  California residents can email me(psmith@paulsmithlaw.com) or call me at 858-679-3396.  Residents of other states should visit the National Association of Consumer Advocates to locate an attorney.

FDCPA Case Against Credigy Receivables Settles

A case my firm filed against Credigy Receivables, Inc. for unlawful debt collection practices in violation of the federal Fair Debt Collection Practices Act and the California Rosenthal Act has been resolved to everyone's satisfaction.  The case was filed on May 22, 2007 in the United States District Court in Los Angeles and was case number CV-07-3422.

New Lawsuit Filed Against Credigy Receivables and Experian for FDCPA and FCRA Violations

My firm has filed a federal lawsuit against Credigy Receivables, Inc. and Experian Information Solutions, Inc. for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.  The lawsuit was filed in the United States District Court (Central District) in Los Angeles and is Case No. EDCV07-703-SGL(JCRx).

The lawsuit alleges that my client repeatedly disputed the accuracy of a credit report tradeline being furnished to Experian by Credigy.  In response to those disputes, Experian repeatedly verified the item but updated the date until which the item would be reported on the credit report to later dates.  First, the date was updated to March 2007, then June 2007, then September 2013.  In response to my client's last dispute, Experian refused to even consider the dispute, despite the fact my client specifically disputed the new September 2013 date.  The lawsuit seeks at least $100,000.00 in actual damages, plus statutory damages, attorney fees, and costs.

If you feel a debt collector may be violating the law in the way they are pursuing a debt, or a credit reporting agency is failing to adequately respond when you dispute an inaccurate credit report item and you are being damaged by that failure, please consult a consumer attorney immediately.  California residents can email me (psmith@paulsmithlaw.com) or telephone me at (858) 679-3396 for a free consultation.  Residents of other states please visit the National Association of Consumer Advocates to find an attorney in your state.