California Debt Collection Lawsuit Defense Lawyer
Are you being sued by a debt collector in the state of California? If so, you are not alone. California has the fifth highest debt in the nation with liabilities totaling $365.87 billion with a debt ratio of 120.5%.
The good news is that you don’t have to deal with your California debt collection lawsuit on your own. Turn to the Law Office of Jacob Partiyeli. We are highly experienced in California debt collection lawsuit defense. Our team will fight for you to protect your rights.
Trust Our Highly Experienced and Affordable Defense Team
If you are thinking you can’t afford an attorney, think again. At the Jacob Partiyeli law firm, we make debt collection defense affordable. The truth is – you can’t afford NOT to have an attorney.
Being sued can be scary. Don’t worry. Once you choose to work with our law firm, we will walk you through the process, one step at a time. We’ll thoroughly explain all your rights to you and decide which line of defense is the best for you. Our dedicated defense team has all the experience, knowledge, and skills to achieve as successful of an outcome as possible.
What Should I Do After Receiving Legal Papers from a Debt Collector?
Have you received legal papers from a debt collector? After defaulting on an auto loan, credit card payment, or other debt, it’s not unusual for the creditor to file a lawsuit with the court to seek collection for the debt payment.
Typically, a lawsuit begins with a complaint and a summons. After receiving the legal papers, you have 30 days to respond which means it is imperative to contact the Law Office of Jacob Partiyeli before it’s too late. Otherwise, the court very well may enter a default judgement against you in which case the creditor may be able to garnish your wages, seize your bank accounts, or place a lien on any property you own. Don’t delay. Call right away. We can help. We have successfully handled a myriad of cases and we can successfully handle yours too.
What You Should Know About the Debt Collection Process
While there are legitimate measures a debt collector can take, there are other things that they are not allowed to do. It is important for you to know your rights and to have a defense team working on your behalf.
If your debt has been sold off to a collection agency, you can no longer deal directly with the original source your debt was owed to. There are, however, both federal and state laws intact that are designed to protect you concerning debt collectors and debt collection agencies including:
- Harassment. Debt collections cannot legally threaten or harass you.
- Calling hours. Although debt collectors are allowed to call you, they can only do so during certain daytime hours.
- Forbidden calls at work. Debt collection agencies cannot call you at work unless you have given them permission to do so.
Just because the state and federal laws have been set into place does not ensure collection agencies will adhere to them. If you are being harassed or a collection agency is violating any other laws, turn to the best debt collection defense team – the Law Office of Jacob Partiyeli in Los Angeles. We know how to put debt collection harassment to a halt.
How Our Team Can Defend Your California Debt Collection Lawsuit
If you are being sued for debt collection, you are known as the defendant. The debt collector is referred to as the plaintiff. The plaintiff is required by law to prove its case against you. At Jacob Partiyeli Law, we shine when it comes to raising defenses that can dismiss the case against them such as:
- No Standing for the Suit — The legal term “standing” refers to the legal interest in the case. The plaintiff (debt collector) must have a standing, or provable, reason to sue you and that must be proven to the court by providing the appropriate documents such as presenting a purchase contract or similar legal paper that shows there was a qualifying agreement between you and the debt collector. If this legal document is not produced or does not meet the requirements, there is no standing to sue and there is an excellent case we will win your suit.
- Inaccuracies of credit and billing histories — Credit and billing histories must be presented when a collector is bringing suit against you. Often times, debt collectors purchase debts from the original creditors. It is not unusual for the debts to be sold “as is” which means they may be missing vital information such as up-to-date billing statements. If this is the case, we may be able to get the suit against you dismissed.
- Missing paperwork — All required paperwork must be presented to the court by the debt collector. It must verify without a doubt the agreement between you and the original debt collector. If the documents cannot be produced or if there are any errors, the case against you may be dismissed.
- Lacking evidence — The burden of proof is on the debt collector. If any of the original documents are missing vital information or cannot be produced at all, your case must be dismissed.
- Statue of limitations in California — Most creditors within the state of California are required to file a debt collection lawsuit during the first four years from the date of default. It is not uncommon for the statute of limitations to be expired and if it is, we will be able to have the case against you dismissed.
- Debt Not Legitimate — There are also times when the entire suit is not legitimate. Perhaps your identity was stolen or your debts were discharged in bankruptcy. If you do not owe the debt, you still need a defense attorney to prove your case and to ensure it is dismissed.
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A true Angelino, Jacob was born and raised in the city of Los Angeles. He attended Beverly Hills High School and was accepted to UCLA where he received his undergraduate degree in history. Upon graduation from UCLA, Jacob went on to earn his law degree from Abraham Lincoln University School of Law.