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.

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).

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.

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.

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.