Debt Free Support

Our Practice

Our partnered attorneys will help you chart the best course of action.

The Lawyers or Attorneys we are partnered with will act quickly on your behalf to alleviate the stress caused by harassing debt collectors. When our clients receive harassing calls from third-party debt collectors about unpaid credit card bills, medical bills, delinquent car payments, business debts, outstanding timeshares, private student loans, judgments, summonses, lawsuits, and other debts, our first step is to send a notice of representation to those collectors, directing them to contact our partner attorneys instead of our clients.

Our partner attorneys form a nationwide network dedicated to defending and protecting consumer rights. They have experienced attorneys licensed to practice law across the country, committed to helping clients who have been treated unfairly. Their expertise lies in stopping creditor abuse, with a focus on violations of the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and the Credit Card Act of 2009. They also provide assistance when bankruptcy is the most suitable option for the client’s situation.

Each attorney in this network understands the complex legal landscape and knows how to halt abusive practices efficiently. The FCRA, FDCPA, and TCPA establish rules that creditors and collectors must follow. If these laws are violated, partnering with a consumer rights lawyer can not only stop the abuse but also help defend your rights and protect other consumers from similar mistreatment.

If your credit report is being misreported or if you are receiving inappropriate contact from creditors and collectors on your cell phone, home phone, or work phone, please reach out to us. A knowledgeable consumer rights lawyer will discuss your options to resolve the issue.

We Stop Collector Harassment

Dealing with a debt collector trying to collect a balance from you can be a stressful and challenging experience, especially if you’re facing financial difficulties. The situation can be frightening, and if you’re contacted by a persistent debt collector, you might have concerns about the legitimacy of the collector, the validity of the debt, or the accuracy of the amount being sought. Our consumer rights attorneys are here to help stop those harassing calls.

The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to harass or threaten you while attempting to collect a debt. Additionally, as of November 30, 2021, the new Debt Collection Rule has been in effect. This rule outlines how debt collectors can communicate with you and specifies the information they must provide at the beginning of the collection process. This includes details about the debt, your rights in the collection process, and how you can exercise those rights.

Collector Violations

The Fair Debt Collection Practices Act (FDCPA) is a federal law that safeguards you from unfair or deceptive practices by debt collection companies. This law only applies to personal, family, or household debts and does not cover business-related debts or collections by the original creditor. Debt collectors, including collection agencies, debt buyers, and attorneys, must adhere to FDCPA regulations. When contacting you about a debt, they are required to provide specific information.

When a debt collector first contacts you, or shortly thereafter, they must provide certain details about the account. This information, typically given in writing or electronically, is called a validation notice and usually includes:

  • The name and contact information of the collector
  • The name of the creditor to whom the debt is owed
  • The account number (if applicable)
  • An itemization of the current debt amount, showing interest, fees, payments, and credits since a specified date
  • The total amount owed as of the date of the validation notice
  • Information about your rights in the collection process, including how to dispute the debt

FREQUENTLY ASKED QUESTIONS

How often can a debt collector call you?

The FDCPA prohibits debt collectors from repeatedly or continuously calling you with the intent to harass, oppress, or abuse you. Under the Debt Collection Rules, collectors are presumed to violate the law if they:

  • Call you more than seven times within a seven-day period about a particular debt
  • Call you within seven days after a phone conversation with you about a specific debt
  • Contact you outside the hours of 8 AM to 9 PM (local time)
  • Attempt to collect on an expired debt (in California, this is four years from the date of default)
  • Contact you at work after being asked not to
  • Disclose your debt information to friends, family members, acquaintances, or anyone else
  • Threaten, harm, use abusive language, or harass you in any way
  • Lie about your debt

These call frequency rules apply only to phone calls. Text messages, emails, and other types of communication have different restrictions.

How often can a debt collector call you?

Before reporting a debt to a credit reporting company, collectors must:

  • Speak to you by telephone or in person about the debt
  • Mail a letter or send an electronic communication about the debt and wait a reasonable amount of time (usually 14 days) to ensure it is not returned as undeliverable

If a validation notice is sent, the collector has generally met their requirement to contact you and can start reporting the debt to credit reporting agencies, provided they comply with other credit reporting laws.

Can a collector contact you via social media?

Collectors must follow specific rules when contacting you on social media:

  • Keep messages private so they are not visible to the public, your friends, contacts, or followers
  • Identify themselves as a debt collector if they send you a private message or friend/contact request
  • Provide a simple way for you to opt out of receiving further messages from them on that platform

If your rights are being violated, always reach out to our Consumer Rights Lawyers for assistance.

Civil Litigation

When you watch a courtroom drama on television, it’s often depicting a criminal case. However, civil litigation, though less dramatic, is equally significant.

Civil litigation arises when two or more parties are involved in a legal dispute seeking monetary compensation or specific actions, without involving criminal charges. These cases may go to trial, allowing a judge to determine the outcome, but they do not pertain to criminal activity. Here’s a closer look at what civil litigation entails.

Civil litigation encompasses various types of legal disputes. For instance, disputes between landlords and tenants or property battles between neighbors fall under civil litigation. Other common examples include:

  • Personal injury cases
  • Intellectual property disputes
  • Medical malpractice cases
  • Employment or labor disputes
  • Education law disputes
  • Divorce-related lawsuits

The common thread in these cases is the absence of criminal charges. Typically, they involve financial or property issues, although sometimes the parties seek specific actions rather than monetary compensation, requiring court enforcement.

Common Steps in a Civil Law Case

Although each civil law case is unique, they generally follow a series of steps. If you are considering pursuing civil litigation, the first step is to consult with an attorney to understand the process. The attorney will help you evaluate the strength of your case and determine the best approach to build it.

Once you decide to proceed, the next phase is the investigation. Your attorney, possibly with the assistance of a private investigator, will delve into the details of the case, gather necessary evidence, and begin building your case.

Next, the process advances to pleadings. Both parties will file pleadings, which are initial court documents outlining their positions. The plaintiff’s pleading is known as the complaint, which details the defendant’s alleged wrongdoings and the desired outcomes. This complaint is officially delivered to the defendant.

After being served with the complaint, the defendant can file an official response, called an “answer,” addressing the accusations or seeking further clarification on the case.

Once the pleadings are filed with the court, the discovery phase begins. Discovery involves thorough legal research, document reviews, witness interviews, and other steps to uncover as many facts as possible about the case. Attorneys may call upon expert witnesses to support their arguments and potentially testify in court. During discovery, investigators or attorneys may examine the relevant scene or request specific documents and statements from involved parties. Discovery is often time-consuming, requiring significant attorney effort.

Following discovery, the case moves to the pre-trial stage. During pre-trial, attorneys for both sides negotiate and may reach a settlement, avoiding the costs and frustrations of a court trial. Additionally, either party can file motions requesting the court to rule on or dismiss parts of the case before it proceeds to trial.

If a settlement isn’t reached during pre-trial, the case goes to trial. Depending on the case, a jury may or may not be involved. Before the trial, both the plaintiff and defendant submit briefs to the judge, outlining their arguments and evidence. At trial, each party can make opening statements, present arguments and question witnesses, and deliver closing arguments.

Business Litigation

Business Litigation Overview

Business litigation law is intricate and often requires extensive document review, expert consultations, evidence investigation, witness interviews, drafting and responding to numerous motions, and participation in court proceedings. These cases can last for years, especially when they involve complex issues or significant sums of money. If you’re embroiled in a business dispute, having an experienced commercial litigator is crucial to protecting your interests, allowing you to concentrate on running your business.

What is Business Litigation?

Business litigation covers a wide range of legal issues, including breach of contract, employment disputes, real estate conflicts, class actions, intellectual property disputes, shareholder oppression, zoning and land use disagreements, fraud, automotive industry issues, insurance coverage disputes, breach of fiduciary duty, commercial collection, product liability, and partnership conflicts. Below are summaries of some common types of business litigation.

Common Types of Business Litigation

Breach of Contract Breach of contract cases are among the most prevalent in business litigation. Contracts can govern almost every aspect of your business, from transactions for goods and services to employment terms and company structure. When a contract is breached, it can have serious repercussions. A business litigation attorney can help enforce your contracts or defend you if you’re accused of breaching a contract.

Employment Employment disputes are another common form of business litigation. Typical issues include:

  • Wage and hour disputes
  • Harassment or discrimination claims
  • Retaliation claims
  • Wrongful termination
  • Breach of non-compete or non-disclosure agreements
  • Breach of employment contracts
  • Family and Medical Leave Act (FMLA) violations
  • Employee Retirement Income Security Act (ERISA) violations

Employment claims often involve both federal and state laws and may need to be pursued through administrative agencies, requiring different procedures than those in state or federal court.

Class Actions Class action lawsuits can arise in various situations, often involving businesses as defendants. Common examples include:

  • Product liability
  • Data breaches
  • Pollution
  • Harassing collection practices
  • Employment practices

For a class action to proceed, a judge must certify the class, ensuring that many people are affected by the alleged action, the issues in the case affect all members of the class, and the representative parties can adequately protect the class’s interests. A commercial litigation attorney can help you challenge class certification if a class action is filed against your business.

Shareholder Disputes In closely held corporations, shareholder disputes may occur if minority shareholders feel their interests are not being protected. Common issues include:

  • Breach of shareholder agreement
  • Breach of fiduciary duty
  • Self-dealing or conflicts of interest
  • Disagreements over corporate actions
  • Payment of dividends
  • Excessive compensation
  • Denying access to corporate records
  • Illegal actions like embezzlement or fraud

Depending on the situation, remedies may include injunctions, damages, or even a court order dissolving the corporation.

Partnership Disputes Business partnerships can deteriorate over time due to disagreements about business operations or if a partner misappropriates funds or engages in wrongful or illegal activities. Resolving these disputes may involve negotiating differences, buying out a partner, or going to court.

Bankruptcy Understanding federal bankruptcy law is essential for debtors, creditors, court personnel, and the general public. The United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure provide guidelines for various bankruptcy processes, including:

  • Chapter 7: Liquidation
  • Chapter 9: Municipality Bankruptcy
  • Chapter 11: Reorganization
  • Chapter 12: Family Farmer or Family Fisherman Bankruptcy
  • Chapter 13: Individual Adjustment
  • Chapter 15: Ancillary and Other Cross-Border Cases
  • Securities Investor Protection Act (SIPA) cases

Bankruptcy laws and procedures are available online, in local law libraries, and through court websites.