Fair Debt Collection - California Lawyer

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.