collection lawsuit defense

IDENTITY THEFT 

BANK FRAUD

        Rose Consumer Law has been defending consumers in debt collection lawsuits for nearly two decades.

         We also represent Victims of Identity Theft and Bank Fraud in these too-common circumstances: (1) when debt collectors seek repayment of debt that was wrongfully incurred by identity thieves in the victim's name; and, (2) when banks fail to protect their account holders by (a) allowing criminals to drain funds from the victim's bank account and then (b) blaming the victims for their loss.

       If you need help defending a collection lawsuit or have been the victim of Identity Theft and/or Bank Fraud, we can help. Just call us at (877) 830-2380 for a free consultation with no obligation, or submit the form to the right and we will respond promptly.

        Collection Lawsuit Defense

        Defending a debt collection lawsuit includes filing an Answer to the complaint, appearing at all hearings, handling Discovery (written questions that must be answered under oath), and, importantly, keeping our client out of court. 

        We've been doing this work for a long time. We know the collectors and their attorneys, and we've been fortunate to translate this knowledge and experience into favorable results for our clients - including outright dismissals where the client pays nothing or settling cases for nominal or low amounts.

        Our most favorable results come in collection lawsuits brought by "Debt Buyers". These are large national debt collectors such as Cavalry SPV I, Midland Funding, LVNV, and Velocity, for example, that claim to have purchased your debt from original lenders. These cases are legally weak because Debt Buyers typically lack sufficient evidence to prove that they have the right to collect anything from you.  

       This legal flaw is one of the reasons that Debt-Buyers often dismiss their case just before trial - "on the court-house steps" - instead of spending time trying a losing case against an experienced consumer attorney.

       The other reason is that debt buyers and their attorneys are making too much money taking default judgment against consumer defendants who fail to respond when served with a summons and complaint.  That's where the gold is for Debt Buyers. There's no money fighting an experienced consumer attorney. Debt buyer law firms are simply too overloaded with cases and understaffed with attorneys to survive by trying these cases. They'll try a case against a self-represented defendant, but not against an experienced debt defense attorney. 

         We have been fighting for the rights of consumers in debt collection cases since 2007. Read what our clients are saying. Then contact us for a FREE case review.  It's totally confidential and you are under no obligation. So if you have any questions, call us. No Charge. We'd simply be pleased to see if we can help. Call us at (877) 320-2380. Or,  submit your contact information to the right and we'll respond promptly.

     

     IDENTITY THEFT

   THE CALIFORNIA IDENTITY THEFT ACT (CITA)

   The California Identity Theft Act (CITA) protects victims of identity theft from collectors of debt ("Claimants") illegally incurred by identity thieves.

     If you have been the victim of identity theft, you can obtain protection under CITA by submitting the following to the Claimant: (1) a written statement that you have been the victim of identity theft with respect to the specific debt being collected and stating why you believe you are an identity theft victim; (2) a copy of a police report; and (3) a photo of your driver's license or other official government identity document. 

    Upon receipt of these documents, the Claimant must cease all debt collection activity while it investigates your claim, and, if the debt is reported to a credit reporting agency, the collector must report the debt as "disputed". If the Claimant debt collector denies your claim of identity theft, it must state the basis for the denial in writing.

     If your claim is denied, CITA gives you the right to sue for actual damages, an injunction against false credit reporting and, under certain conditions, a civil penalty of $30,000. CITA also allows a prevailing consumer to recover attorneys fee and costs. This means that attorneys fees and costs are routinely part of the settlement demand, so consumers have access to the legal help they need

   BANK FRAUD

   THE ELECTRONIC FUNDS TRANSFER ACT 

     If you act promptly, the Electronic Funds Transfer Act (EFTA) requires that your bank reimburse your funds stolen by account fraudsters. Too often, though,  Banks simply don't, and instead, dodge their responsibility by blaming their own customers for falling prey to sophisticated scammers.

    If bank fraudsters have stolen your funds, call us at (877) 320-2380 for a free consultation about your legal rights.

      EFTA is a national consumer statute that protects personal accounts - not business accounts - from bank theft by unauthorized electronic funds transfer. "Electronic funds transfer" includes e-transfers between accounts, online transfers, Zelle, Venmo, transfers by cell phone, ATM withdrawals and debit card use. Written checks are not covered; and, "wire transfers" are specifically excluded from EFTA protection. Some wire transfers appear to involve a two-step process, one of which may be an electronic withdrawal from the consumer's account. We are working on this. It's a new line of attack.

       What you must do:  To qualify for relief under EFTA, you must notify your bank of the loss within sixty (60) after the monthly bank statement showing the loss. They are required to investigate and provide a refund unless they find that you either authorized the transfer or derived a benefit from it.

       Sadly, these investigations are perfunctory at best and often result in claim denials based on the excuse that you provided personal information to the thieves and thereby authorized the theft. Without getting too deep into the applicable law here: getting defrauded into providing information is not the legal equivalent of authorizing a thief to clean out your bank account. But banks play a game of attrition. Each customer they can put off at this stage means a dollar in their pocket.

      If you'd like to discuss how we can help you assert your claim against your bank, call us for a free consultation at (877) 320-2380. Or fill out the form to the right and we will respond promptly.   

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