Huntington Beach Collections Defense Lawyer- Credit Card Lawsuit

If you are being sued by a creditor or collection company, our Orange County consumer attorney can help.  We represent business and consumer debtors in collections / breach of contract actions and provide the following legal services:

Defenses and Negotiations to Creditor Lawsuits

Going up against creditors can be challenging at times, which is why you need our Huntington Beach lawyer to put on the best defenses available to you.  We can also assist you with settlement negotiations before a lawsuit is filed to try to cut down legal expenses, costs, and potentially further exposure if a judgment gets entered against you.  Many contracts have attorney’s fees provisions in them that can easily cause the amount of your exposure to grow exponentially, so it is best to speak with a collections defense attorney in Southern California to help you assess your risks, versus the benefits of fighting the case.

Orange County Attorney for Chapter 7 and 13 Bankruptcy Protection

Bankruptcy can be the easiest way to get rid of creditors.  Chapter 7 Bankruptcy allows you to discharge most unsecured debts. Contact us today to discuss your legal needs with our consumer attorney in Huntington Beach

Fair Debt Collection Practices Act Violations in California

Debt Collectors and Collection Agencies are subject to both State and Federal Law, so if they violate the Fair Debt Collection Practices Act, they can be sued in either California Superior Court or the United States District Court.  If you are successful in such an action, you could be awarded your damages, attorney’s fees and costs, and penalties up to $1,000 per violation.

What Debt Collectors Cannot Do in California

Some of the actions that collection companies or creditors cannot do in connection with collecting a debt are the following:

• a.      Threaten or use physical force, violence, or any criminal means to  cause harm to the person, or reputation, or property of the person
• b.      Using profane or obscene language
• c.       Placing calls without disclosing the caller’s identity
• d.      Causing the phone to ring repeatedly or continuously to annoy the person called
• e.      Communicating by telephone or in person, with the debtor with such frequency as to be unreasonable and to constitute harassment to the debtor under the circumstances
• f.      Threaten that the failure to pay will result on the accusation of a crime where such accusation, if made, is false
• g.       The communication or threat to communicate to any person the fact that the debtor has engaged in conduct, other than a failure to pay the debt, which the collector has reason to believe                    will defame the debtor
• h.       Communicate with the employer of the debtor regarding the debt unless it is necessary to collect the debt
• i.       Send correspondence that simulates legal or judicial process (which is a misdemeanor)
• j.       Make false representations that any person is an attorney or using attorney stationary, unless said stationary is authorized by  the attorney.

If a creditor is harassing you in California, call our litigation attorney at: 714-847-2500 to discuss your legal options.

Motions to Vacate Defaults or Default Judgments

It is imperative to respond to a civil lawsuit timely.  If you missed the deadline and a default/default judgment is entered against you, it can be set aside under certain limited circumstances, such as: lack of service of process of the summons and complaint; or through a mistake, inadvertence, surprise, or excusable neglect. The time frame to file such motions is limited, so it is important that you hire an experienced litigation attorney to assist you if you have been put in default or had a default judgment entered against you.

Contact us today

Olson Law Firm can be reached at: 714-847-2500 or online to discuss your legal needs with our consumer attorney in Huntington Beach.