Fair Debt Collection - California Lawyer

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.

New FDCPA Case Filed Against Wolpoff & Abramson and Palisades Collection

My firm has filed a new case against Wolpoff & Abramson, LLP and Palisades Collection, LLC alleging violations of the federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act.  The case was brought in the United States District Court (Northern District of California) in Oakland and is Case No. C07-03264.

The lawsuit alleges that the Wolpoff and Palisades obtained a default judgment without actually serving my client with the summons and complaint or giving him any notice.  My client successfully moved to vacate the default judgment and then after my firm became involved, Wolpoff and Palisades voluntarily dismissed the lawsuit.

The lawsuit also alleges that a Wolpoff employee continued to insist that the judgment was in effect after the judgment had been vacated by the Court and made threats to garnish my client's wages.  The lawsuit also alleges that Wolpoff telephoned my client's spouse at her place of employment pretending to do an "employment verification" on my cliente in order to intimidate my client into paying the alleged debt.

Credit expert and consumer advocate Bud Hibbs has information about Wolpoff & Abramson here, which he names as one of America's worst debt collection companies, and information about Palisades Collections here.  If you are sued by Wolpoff & Abramson, or suspect they have violated the law in the manner in which they are attempting to collect an alleged debt, do not hesitate to obtain a free consultation with a consumer attorney.  California residents can email me (psmith@paulsmithlaw.com) or telephone me at (858) 679-3396.  Residents of other states should visit the website for the National Association of Consumer Advocates to find an attorney in your state.

My Firm Defending Collection Case Brought By First Resolution Investment and Winn & Sims

My firm has accepted defense of a collection case brought by First Resolution Investment Corporation (allegedly as successor in intererst to Unifund CCR Partners who was allegedly the assignee of Chase Manhattan Bank USA).  First Resolution is bringing the lawsuit via the law firm (actually debt collectors) Winn and Sims.  The case is in San Diego Superior Court and is Case No. IC881247.

If sued by a debt collector, you should immediately consult with a consumer attorney (these cases are often defensible).  Do not delay, as failure to respond within 30 days usually results in a default judgment being entered against you, which is what most debt collectors are primarily seeking.  Obtaining a quick judgment may allow them to garnish wages or bank accounts, or put liens on any real property you own.  Consumers in California should feel free to email me (psmith@paulsmithlaw.com) or call me (858-679-3396) to obtain a free consultation.  Consumers outside California can use the National Association of Consumer Advocates to find an attorney in your state.

Consumer advocate and credit expert Bud Hibbs has information on Winn and Sims as well as First Resolution Investment Corporation here. 

New FDCPA Case Filed Against Creditors Financial Group LLC

My firm has filed a federal lawsuit against Creditors Financial Group LLC for violations of the federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act.  The lawsuit has been filed in the Northern District of California in the Oakland/Alameda district.

The lawsuit alleges that Creditors Financial Group's employees would frequently telephone my client, even after my client sent them a cease communication letter exercising his right to prevent the calls under the FDCPA.  The lawsuit alleges the phone calls would sometimes occur at a rate of 20 per day, and at odd hours such as 6:45 a.m. on a Sunday.  The lawsuit also alleges that the employees would yell, scream, use profane language, and berate my client, and threaten that my client would go to jail if he did not pay.

The lawsuit also alleges that Creditors Financial Group telephoned my client's sister up to 20 times in one day, insisting that my client's sister was actually his wife and making comments about my client's sexual orientation.  They again threatened to her that my client would be going to jail.

The lawsuit also alleges that Creditors Financial Group spoke with my client's partner, screaming at him, berating him, harassing him, using extremely profane language, and making extremely profane remarks about my client's sexual orientation.

The lawsuit seeks at least $100,000.00 in actual damages plus statutory damages, attorney fees, and costs.

Consumer advocate and credit expert Bud Hibbs has information about Creditors Financial Group that you can read by clicking here.

If you think a debt collector may have done something illegal in pursuit of an alleged debt, do not hesitate to consult with a consumer attorney.  California residents feel free to contact me for a free consultation by email or by telephone at (858) 679-3396.  Consumers outside of California should visit the website for the National Association of Consumer Advocates to find a consumer attorney in your state.

Judge Vacates Asset Acceptance Default Judgment

A San Diego Superior Court judge has granted my motion to vacate a default judgment obtained by Asset Acceptance through the law firm Bidna & Keys.  Bidna & Keys unsuccessfully fought the motion, which argued that my client had never been served with the summons and complaint.  Bidna & Keys claimed a process server did serve my client, but the judge was swayed by the sworn declarations of both my client and his co-tenant.

Debt collectors file an incredible amount of lawsuits against debtors every day, many of which are never properly served on the consumer-defendant resulting in default judgment being entered.  Many consumers do not even learn about the lawsuit until they get a notice of wage or bank account garnishment.

If you are served with a lawsuit, be sure to immediately take action to respond by consulting with a consumer attorney.  Likewise, if you learn of a judgment entered on a lawsuit for which you had no notice, you should also consult with a consumer attorney.  California consumer can contact my office for a free consultation.  Consumers outside California should visit the website for the National Association of Consumer Advocates to locate an attorney in their state.

Consumer advocate and credit expert Bud Hibbs has information on Asset Acceptance here.  Bud names Asset Acceptance as one of America's worst collection agencies.

Judge Sets Aside Wolpoff & Abramson Default Judgment

A California judge in Orange County's Superior Court has granted my client's motion to set aside a default judgment obtained by Wolpoff & Abramson in 2005 (Orange County Superior Court Case No. 05SL02226).  The judgment was obtained via a petition to confirm an arbitration award obtained by Wolpoff & Abramson via the National Arbitration Forum, but my client was never actually served with the petition/lawsuit.  Instead, Wolpoff & Abramson served a person living at my client's former address.

Default judgments are routinely obtained by debt collectors, sometimes despite improper service of process.  It is very important that, upon learning that a judgment has been entered, a consumer immediately explore options for setting aside that judgment.  California consumers should feel free to contact my office for a free consultation (email me by clicking here, or call 858-679-3396).  Consumers outside California should visit the National Association of Consumer Advocates website to locate a qualified attorney in the state of residence.

For more information about Wolpoff & Abramson's tactics, visit the website of consumer advocate and credit expert Bud Hibbs by clicking here.  Bud names Wolpoff & Abramson as one of America's worst collection agencies.

Palisades Collection and Wolpoff & Abramson Dismiss Collection Lawsuit

A long road for my client has ended in Palisades Collection, L.L.C. and its attorneys (fellow debt collectors) Wolpoff & Abramson, L.L.P. dismissing their collection lawsuit against him that was filed in the Solano County Superior Court demanding $7,242.73. 

Wolpoff & Abramson obtained a default judgment without my client's knowledge.  My client made a motion to set aside the default judgment, which was granted by the court despite Wolpoff & Abramson's opposition.  Ultimately, after receiving my client's written discovery requests Palisades Collection and Wolpoff & Abramson dismissed the lawsuit, over one year after it had been filed.

This case is another reminder that default judgments are often taken against consumer defendants in debt collection lawsuits.  If you find out about the lawsuit after default has been entered against you, you may be able to have the court set aside the default judgment. 

Consumer advocate and credit expert Bud Hibbs has information about Palisades Collection, LLC that you can read by clicking here. Bud also has extensive information about Wolpoff & Abramson that you can read by clicking here, and indeed Bud ranks Wolpoff & Abramson as among the ten worst debt collection agencies.

Always consult with a consumer attorney if you are sued by a debt collector.  California residents can contact me for a free consultation.  Consumers outside California should visit the National Association of Consumer Advocates to locate an attorney. 

Unifund CCR Partners and CIR Law Offices Dismiss Collection Lawsuit

Unifund CCR Partners, through their attorneys (fellow debt collectors) CIR Law Offices, LLP (attorney Michael Kahn), sued my client in Fresno County Superior Court, demanding $9,891.69.  My client engaged me to defend the lawsuit, and I filed an Answer and appeared at the Case Management Conference.

I also served written discovery on Unifund CCR Partners, demanding that they respond to questions under oath about the alleged debt and produce documentation that would properly evidence the debt.  Shortly after serving the discovery, I received a telephone message from Aimee Morris at CIR Law Offices stating that they are dismissing the case.

You can click here to read about what consumer advocate and credit expert Bud Hibbs has to say about Unifund CCR Partners, whom he ranks as among the very worst debt collection agencies.

Remember, if you are served with a collection lawsuit, do not ignore it.  You have a limited time to respond, or the court will enter a default judgment against you, which may entitle the collection agency to garnish your wages and bank accounts or enter liens against your property.  California residents feel free to contact me for a free consultation.  Consumers outside California should visit the website for the National Association of Consumer Advocates to locate an attorney in your area.

Worldwide Asset Purchasing and Rory Clark Dismiss ANOTHER Collection Lawsuit

Debt collection agency Worldwide Asset Purchasing, LLC, through their attorney (debt collector) Rory W. Clark, filed a debt collection lawsuit in San Diego Superior Court against my client demanding payment of $7,399.02.

My client engaged my firm to defend the lawsuit.  We responded to the lawsuit, and served "discovery" demanding that Worldwide Asset Purchasing answer questions about the alleged debt under oath, and produce any documentation in their possession that evidenced the alleged debt.  Rather then respond, Worldwide Asset Purchasing and Rory Clark dismissed the lawsuit.

If you are sued by a debt collector, do not delay.  You must respond to the lawsuit or the debt collector will obtain the court's default judgment against you, which may entitle them to garnish your wages and bank accounts as well as put liens on any real property that you own.  California residents can contact my office for a free consultation.  Otherwise, contact the National Association of Consumer Advocates to locate an attorney in your area with experience in litigating against debt collectors.

For further information about Worldwide Asset Purchasing, you can read what consumer advocate and credit expert Bud Hibbs has to say about them by clicking here.

Rory Clark and Worldwide Asset Purchasing Dismiss Collection Case

Worldwide Asset Purchasing filed a collection case against my client in California Superior Court in San Diego through the Law Offices of Rory W. Clark.  My office filed an Answer asserting various affirmative defenses and served written discovery on Clark's office seeking documents that relate to the debt and written answers under oath about the debt. 

Rather then respond to the written discovery, Clark's office has filed a dismissal of the case.

Consumer advocate and credit expert Bud Hibbs has information about Worldwise Asset Purchasing here.  If you are sued by a debt collector, be sure to contact a consumer attorney familiar with debt collection.  California residents can contact my office, and residents of other states can locate an attorney through the National Association of Consumer Advocates.

Arbitrator Rules Against Unifund, Unifund Dismisses Collection Lawsuit

Debt collection agency Unifund CCR Partners filed a collection lawsuit against my client seeking to collect on an alleged credit card debt.  Unifund was represented by Kenneth J. Miele of the debt collection law firm Kenosian & Miele, LLP.  The case was filed in the Superior Court of California in the County of Riverside.

The judge sent the case to judicial arbitration, where the arbitrator found that Unifund had not responded to discovery and therefore could not produce documents at this stage of the proceedings.  Having no admissible evidence to present, the arbitrator denied Unifund's claim and ordered it to pay all my client's statutory costs incurred in the lawsuit.

Unifund, undeterred, then filed a Request for Trial de Novo.  However, after some elapsed time Unifund eventually gave up and dismissed the lawsuit.

Consumer advocate and credit expert Bud Hibbs names Unifund the 4th Worst Debt Collector in America.  Please visit Mr. Hibbs's website entry on Unifund for detailed information on this collection agency.  If you are sued by Unifund or any debt collector, consult an attorney!  California residents can contact my office, and non-California consumers can find an attorney through the National Association of Consumer Advocates website.

Federal Unlawful Debt Collection Lawsuit Filed Against Asset Acceptance

My firm has filed a federal lawsuit against Asset Acceptance, LLC for unlawful debt collection practices in violation of the Fair Debt Collection Practices Act.  The lawsuit is entitled Severe v. Asset Acceptance, LLC, Case No. EDCV 06-01152-SGL (SHx), and was filed in the Central District of California.

The lawsuit alleges that Asset Acceptance repeatedly requested my client's credit report (three times on three successive days) in an attempt to force my client to pay the alleged debt.  The lawsuit also alleges that Asset Acceptance failed to provide notice to my client of her right to dispute the alleged debt.  Asset Acceptance failed to properly respond to my client's dispute of the debt, and continued to attempt to collect debt despite overwhelming evidence provided by my client that the debt had been satisfied. 

Consumer advocate and credit/debt expert Bud Hibbs names Asset Acceptance the 8th worst debt collection agency in the country.  For more information about Asset Acceptance, read Mr. Hibbs's description.

If you experience any difficulties with Asset Acceptance or any other debt collection agency, be sure to consult a consumer attorney in your area.  Consumers in California can contact my office.   Consumers outside California should be able to locate an attorney through the National Association of Consumer Advocates website.

Credigy Receivables and Stewart & Associates Settle Another Unlawful Debt Collection Lawsuit

Debt collection agency Credigy Receivables, Inc. and their attorneys (actually fellow debt collectors) Stewart & Associates have settled another federal lawsuit brought by my firm for unlawful debt collection practices in violation of the Fair Debt Collection Practices Act.  Credigy and Stewart agreed to pay maximum statutory damages under federal and state law and all attorney fees and costs demanded.

The lawsuit alleged that Credigy and Stewart filed a credit card collection lawsuit against my client that contained numerous false statements.  Credigy and Stewart denied the allegations, but then agreed to settle the case shortly thereafter.

National Enterprise Systems, Inc. Settles Unlawful Debt Collection Lawsuit

Debt collection agency National Enterprise Systems, Inc. (NES) has agreed to settle a federal lawsuit filed against it by my firm for unlawful debt collection practices by paying maximum statutory damages under state and federal law plus all attorney fees and costs demanded.  The lawsuit was filed in the United States District Court in the Central District of California (Los Angeles), entitled Enslin v. National Enterprise Systems, Inc., Case No. CV 06-3420-RJK (PJWx).

The lawsuit alleged that NES violated the Fair Debt Collection Practices Act by placing harassing telephone calls (sometimes multiple times a day) to the Plaintiff's parents regarding the alleged debt.  NES also repeatedly phoned the Plaintiff, often screaming at the Plaintiff and threatening to continue to telephone her parents.  The lawsuit also alleged that NES repeatedly telephoned the Plaintiff at her place of employment despite being informed she could not receive these calls at work.

Despite denying these allegations, NES quickly offered to have judgment taken against it and ultimately just agreed to a standard settlement.

Winn & Sims and NCO Settle Lawsuits

My law firm filed a federal lawsuit against debt collection law firm Winn and Sims for violations of the Fair Debt Collection Practices Act in the United States District Court in Los Angeles entitled Mendibles v. Winn & Sims.

The lawsuit alleged that Winn & Sims filed a debt collection lawsuit on behalf of their client NCO in the Superior Court of California and that, despite having knowledge of my client's actual address, attempted service of the summons and complaint at my client's former address.  The lawsuit further alleged that Winn & Sims filed various documents (including statements under oath by Brian N. Winn) stating that proper service had been effected on my client.

Based on the statements under oath filed by Winn & Sims, the Court entered a default judgment against my client in the amount of $17,106.14 without my client ever having notice of the lawsuit.  Having now obtained the court judgment, Winn & Sims then proceeded to send payment demands to my client at his actual address, going so far as to state in the first letter "We have gone way beyond reasonable patience and understanding."  Further correspondence from Winn & Sims was equally absurd.

Upon service of the federal summons and complaint containing these allegations, Winn & Sims quickly agreed to settle these two lawsuits.  They and their client NCO agreed to vacate the judgment (after receiving my firm's motion to vacate the judgment), dismiss the state court action against my client with prejudice, waive any claim to the approximately $17,000 debt allegedly owed by my client, and to pay my firm's attorney fees accrued in the federal lawsuit.

My firm defends collection lawsuit brought by Great Seneca Financial Corp and CIR Law Offices

My firm is defending a debt collection lawsuit brought by debt collector Great Seneca Financial Corp. through its attorneys (debt collector lawyers) CIR Law Offices.  The case was brought in the Superior Court of California, County of San Diego and is Case No. IE030411. 

Consumer advocate and credit/debt expert Bud Hibbs has information about Great Seneca here.  Indeed, Mr. Hibbs states that Great Seneca is a subsidiary of the 7th worst debt collection agency in the United States.