CONSUMER DEBT

 

collection lawsuits 

JUDGMENTS

INDENTITY THEFT 

        Rose Consumer Law represents consumers at all stages of the debt collection process.

        Before a lawsuit is filed, we protect consumers from aggressive debt collectors and negotiate down the debt.

        After a debt collection lawsuit is filed, we defend the lawsuit. This includes filing an Answer to the complaint, appearing at all hearings, handling Discovery - written questions which must be answered under oath - and, importantly, keeping our client out of court.

        We've been doing this work 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 - sometimes, even highly favorable, including dismissals (so that the client owes nothing) and settling cases for nominal or low amounts.

        Collecting judgments is the final phase of the litigation process.

Valid judgments can be negotiated down, but your negotiating leverage is reduced. One weapon is to play upon the plaintiff's fear that the judgment may be uncollectable - that the defendant is "judgment proof" - such as when the debtor has no assets and only exempt income. Social security, disability and pension payments, for example, are exempt from collection. Also, if you do have collectable income, but have a significant financial hardship which could make collection a long, difficult process, you may be able to negotiate a discounted pay off. Many consumers rely on family members to help them with a discounted lump sum payment. Financial hardship and a lump sum payment are the best tools you have to negotiate down a valid judgment.

         Some judgments, though, are invalid, totally void. A judgment taken without service of the summons and complaint - that is, without notice of the  lawsuit - is void and can be vacated at any time. In these cases, often the first time a consumer learns of the judgment is when wages are garnished or a bank account is frozen. If this has been your experience, we can help vacate the judgment. If successful and the case is more than three (3) years old, the law requires that the case be dismissed. 

        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. 

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WHAT OUR CLIENTS SAY

 

The Rose Consumer Law Firm is the one of the finest law firms that I have ever encountered. Attorney William Rose is extremely knowledgeable, he is responsive to urgent matters, and he goes above and beyond to help people resolve their problems successfully.

                           - James M., Orange 

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