Fair Debt Collection - California Lawyer

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.  

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.

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.

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.

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.