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Costa Mesa Consumer Protection Blog

3 steps to take if your credit card company is suing you

If you have been ignoring collection calls from your credit card company, you may think they will eventually stop. However, this may result in your creditor bringing a lawsuit against you. If a judge rules in favor of your credit card issuer, your money and property could be at risk. You may even have to cover the court expenses. 

You may want to shut down and ignore the lawsuit, but this is not a good idea. Do not automatically let the creditor get a favorable judgment. Read below for some steps you should take when you get the news that your creditor is suing you.

Why accuracy on your credit report matters

Getting into debt brings a slew of problems, from debt collectors harassing you to having to file for bankruptcy. You may have done your research on how to rebuild your credit, but have you considered if your credit report is accurate in the first place?

Incorrect information causes more harm to your situation. Understanding your rights is the first step in protecting them.

Considerations before signing on to a no-interest credit card

No-interest credit card offers can certainly prove tempting, but if you do not do your due diligence about prospective offers before signing on to one, you may find yourself in serious financial trouble. No-interest credit cards can be especially alluring if you are, say, looking to transfer an existing credit card balance to avoid paying interest; they also have downfalls, and doing your homework is the best way to avoid getting yourself into trouble.  

So, before you sign on the dotted line and secure your no-interest credit card, consider the following:

KLG Obtains $6,500 Judgment

CeboJ.pngOn May 16, 2017, KLG obtained a judgment against CMRE Financial Services, Inc. for $6,501 on behalf of their client, A.C. CMRE in an attempt to collect a medical related debt from our client repeatedly contacted A.C. via mail and phone. These communications continued even after A.C. sent CMRE a refusal to pay letter. Such contact following receipt of a consumer's refusal to pay letter constitutes a violation of 15 U.S.C. § 1692c(c); and, California Civil Code § 1788.17. A.C. made the correct move by sending this letter, and KLG is very happy we were able to obtain the judgment for him. We hope this case can be viewed as a learning experience for all consumers on the proper steps to take when being contacted by a debt collector.

KLG Receives $7,500 Judgment

Kaz image.pngKazerouni Law Group has obtained a judgment in the case of Anderson v. Nelson & Kennard; and, Riverwalk Holdings LTD. In this action, KLG sued Nelson & Kennard for violating the FDCPA and RFDCPA in their dealings with our client. Amongst other illegalities, Nelson & Kennard maintained a collection action against the consumer on behalf of Riverwalk Holdings for months after Riverwalk Holdings went out of business. Such conduct equally mislead the Superior Court of California as well as our client in violation of State and Federal debt collection laws.

An Extra Push

Marathon pic.jpgBank of America's Chicago Marathon will be celebrating its 40th anniversary this October. Over 40,000 people from all over the world will head to the "Windy City" to compete in the race known for its mostly flat and speedy course. The marathon is an important part of Chicago culture considering it takes its participants through 29 different neighborhoods and promotes unity throughout the city. On the official website, the marathon is described as a, "People's race anyone can come and enjoy." One young woman, Arianna Tanghe, doesn't see it that way.

Arianna was born with spastic quadriplegic cerebral palsy. Despite her physical limitations, Arianna has still managed to participate in 40 half marathons, four full marathons, and two triathlons through the help of a custom made racing wheelchair and her mother Kelli. Kelli pushes Arianna in the racing wheelchair for the entire 26.2 mile route as a "duo team" known as "Team Ari." Arianna will not be given the opportunity to race in this year's Chicago Marathon due to a selection process which only allows six duo teams to enter. Arianna and Kelli believe this selection process puts people who need the assistance of a pusher to compete at a disadvantage and violates the ADA (Americans
with Disabilities Act).

Know your rights as debt collection complaints increase

There are few people who have never been late on a bill, and some have a little more trouble with their finances. In some cases, debt collectors make mistakes in their records and pursue debt collection with people who don't even owe the debt.

Debt collection complaints increase

There are several different rules, enforced by the Federal Trade Commission (FTC), through the Fair Debt Collection Practices Act (FDCPA) that debt collectors are supposed to follow when they pursue the collection of a debt, but too often they don't follow these rules. This has led to a high level of complaints about debt collection practices in the United States, according to a recent report. The Federal Trade Commission received more than 850,000 complaints about debt collection in 2016, more than the two next highest complaint types combined.

How do I know if a debt collector's actions are against the law?

You've fallen behind on your debts. When your phone rings, you get an impending sense of doom. You are almost sure it's a debt collector calling, and you feel horrible that you haven't been able to pay off your debts yet. Their frequent calls started off as an annoyance, but now they are emotionally difficult. You feel bad about your unpaid debts, and on top of it, the debt collectors speak to you rudely. You wonder whether they have a right to repeatedly call you, or whether some of their actions are against the law.

Some debtors have even called your family members looking for you. It's gotten out of hand, and you just want the constant calls and threats to stop. But first, you want to have the correct information on what they are allowed to do, and what is illegal.

When it Comes to Education: Never Settle

donald-trump-1818953_960_720.png

After previous November elections, former President-Elects usually envision next taking the stand at their inauguration in late January, where they're sworn in by the Chief Justice. In more ways than one, Donald J Trump isn't like most previous President-Elects. Before he was able to focus on his big day in January, he had to think about taking another stand: in front of a jury.

Donald Trump has been facing alleged fraud violations regarding Trump University for six years.
The fact that the first trial was slated for just just two weeks after the election, well some would call that bad timing. The Monday after Thanksgiving traditionally has been set aside for Americans to shift out of vacation mode and emerge from their food comas. Though, our President-Elect had this day scheduled to defend allegations of fraud against his unaccredited University which didn't grant degrees or offer its students credits or grades. Trump would have to take the stand, because he refused to settle.

" I could have settled this case numerous times, but I don't want to settle cases when we're right," Trump said. "I don't believe in it. And when you start settling cases, you know what happens? Everybody sues you because you get known as a settler. One thing about me, I am not known as a settler." 

Focus and Prepare

AAJManaging partner Abbas Kazerounian had an article published in this month's edition of The American Association of Justice's Trial Magazine. Kazerounian's article, "Different Uses for Focus Groups" highlights the benefits of focus groups beyond simply getting ready for trial. These benefits include: indications of how a jury might lean, what information potential jurors might find favorable for the plaintiff, and giving a client a realistic vision of how the case may fair.

In the article Kazerounian references a recent consumer case he had where his client had received racist texts from a debt collector. While Kazerounian and his team wanted to highlight how the text messages affected his client, the focus group was much more interested with whether or not the debt collector was apologetic and expressed remorse for the text messages. This caused Kazerounian and his team to shift their outlook on how to present the case.

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