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The Consumer Rights Lawyers at Elite Legal Practice will take immediate action on your behalf to help ease the stress from harassing collectors. When our clients are facing harassing third party debt collector calls due to unpaid credit card bills, medical bills, delinquent automotive payments, business balances, outstanding timeshares, private student loans, judgments, summonses, lawsuits, and other debts, the first step we take is to send out a notice of representation to such third party debt collectors to contact Elite Legal Practice, not our clients. Elite Legal Practice is a nationwide consumer rights law firm, dedicated to defending and protecting the rights of our clients. We have skilled attorneys who are licensed to practice law coast to coast. We are focused on providing services to help our clients who have been treated unfairly. Our practice specializes in stopping creditor abuse, while specifically focusing on violations stemming from 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. We also assist clients when bankruptcy is the most appropriate option based on their circumstances. Each consumer rights lawyer at our firm understands the intricacies of the framework of laws in this legal area and knows how to stop abusive practices as quickly and effectively as possible. The FCRA, FDCPA and TCPA include regulations that creditors and collectors are legally obligated to follow. When a company does not adhere to the law, hiring a consumer rights law firm can not only stop the abuse you are suffering — your consumer rights lawyer can also help you stand up for your rights and protect other consumers from becoming victims in the process. If a creditor is misreporting on your credit report, or creditors and collectors are contacting you inappropriately on your cell phone, home phone or work phone, please contact our consumer rights law firm. An experienced consumer rights lawyer will work with you to discuss your options to resolve the situation.
DEBT COLLECTOR MITIGATION
If you have an account that has been assigned to a debt collector to collect the balance from you, it’s often a challenging time. You may be having a difficult time financially and that can be frightening. And if a harassing collector contacts you about your accounts, you may have concerns about whether the collector is legitimate, whether the account is yours, or if the amount the collector is seeking to collect is accurate. Our consumer rights attorneys may be able to stop the harassing collector calls.
The Fair Debt Collection Practices Act makes it illegal for collectors to harass or threaten you when trying to collect on an account. In addition, on November 30, 2021, the new Debt Collection Rule became effective. This rule clarifies how debt collectors can communicate with you, including what information they’re required to provide at the outset of collection about the account, your rights in collection, and how you can exercise those rights.
COLLECTOR VIOLATIONS
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects you from debt collection companies that use bad or sneaky tactics to get you to pay. This law only applies to debts that are related to personal, family, or household expenses, not business debts. It also doesn't cover collections by the company you originally owed money to. Debt collectors, such as collection agencies, debt buyers, and lawyers, must follow the rules of the FDCPA. If they contact you about a debt, they must provide certain information about it.
When a collector first communicates with you, or shortly thereafter, they’re generally required to provide certain information about the account. When the information is provided in writing or electronically, it is called a validation notice, and it will generally include information like: ▪ Name and mailing information of the collector ▪ Name of the creditor to whom the account is owed ▪ Account number (if any) associated with the account ▪ An itemization of the current amount of the accounts that reflects interest, fees, payments, and credits since a particular date that you may be able to recognize or verify with records ▪ The current amount of the accounts as of when the validation notice is provided ▪ Information about your collection rights including how to dispute the accounts. How often can a collector call me? The Fair Debt Collection Practices Act (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 place a telephone call to you about a particular debt: ▪ More than seven times within a seven-day period, or ▪ Within seven days after engaging in a phone conversation with you about a particular debt ▪ A collector can contract you only from 8am to 9am (local time). ▪ A collector cannot try to collect on an expire debt. ▪ For California Residents this is four years from the date of default. ▪ A collector cannot contact you at work when asked not to. ▪ A collector cannot reveal any of your debt related information to your friends, family members, acquaintances, or anyone else you might know. ▪ A collector cannot threaten you, harm you, use abusive language, or harass you in any way. ▪ A collector cannot lie about your debt. These call frequency presumptions only apply to calls placed by the collector to you. They don’t apply to text messages, emails, and other types of media, those medias have other limitations. Always contact our Consumer Rights Lawyers if they are violating your rights. When can a collector report my accounts to a credit reporting company? There are certain steps collectors must take before they can report an account to a credit reporting company. They must do any of the following: ▪ Speak to you by telephone or in person about the debt ▪ Mail a letter or send an electronic communication about the account and wait for a reasonable amount of time, generally 14 days, in case it is returned as undeliverable If the collector sends you a validation notice, it means that they’ve satisfied their requirement to contact you and, in general, can begin reporting the account to credit reporting companies, provided they follow other laws about credit reporting. Can a harassing collector contact me on social media about an account? Collectors must follow certain rules if they contact you through social media, including: ▪ Keeping the messages private – Their messages to you must be private and not viewable by the general public or by your friends, contacts, or followers. ▪ Identifying themselves as a collector – If a collector attempts to send you a private message requesting to add you as a friend or contact, the collector must identify themself as a collector. ▪ Providing a way for you to opt out of their communications – They must also provide you, in each message, a simple way to opt out of receiving further communications from them on that social media platform.
CIVIL LITIGATION
When you see a courtroom drama unfold on your television, chances are you are watching a criminal case. Civil litigation is rarely as dramatic but is equally important.
Civil litigation occurs when two or more parties become involved in a legal disagreement that involves seeking money or action but does not involve criminal accusations. These cases will sometimes head to trial, giving a judge the chance to decide the outcome, but they do not involve an actual crime. Here is a closer look at what civil litigation involves.
Many different types of legal disputes fall under the auspices of civil litigation. For example, if a landlord and tenant have a dispute that goes to court, or if neighbors face a property battle, these are examples of civil litigation. Other common types include: • Personal injury cases • Intellectual property disputes • Medical malpractice cases • Employment or labor disputes • Education law disputes • Lawsuits surrounding divorce All of these have one thing in common – they do not involve any criminal charges. In most cases, they involve money or property, but that is not always true. Sometimes the parties may simply want action from another party and need the courts to help to enforce that. Common Steps in a Civil Law Case While every civil law case is unique, each makes their way through a series of steps. If you are interested in pursuing civil litigation against another person, you must first consult with an attorney to understand the process. The attorney will help you determine whether or not you have a solid case, and what the best process is to start building that case. Once you decide to move forward, the next step is the investigation. Your attorney, potentially with the help of a private investigator, will dig into the details of the case, obtain the proofs you need, and start building evidence for your case. Next, the process moves to pleadings. Both parties will file pleadings, which are initial court documents explaining their side of the story. The plaintiff’s pleading is called the complaint, which states the wrongdoings of the defendant and what the plaintiff wants out of the case. These will be officially delivered to the defendant. After “getting served” the complaint, the defendant can create an official reply, called an “answer.” This answers the accusations or allows the defendant to ask for more clarification on the case. Once the pleadings are both with the court, discovery begins. The discovery process involves in-depth legal research, document reviews, witness interviews, and other steps to determine as many facts as possible about the case. Attorneys may call in expert witnesses to validate their arguments, and they may elicit their help to testify when the case goes to court. During the discovery process, investigators or the attorney may examine the scene in question or request specific documentation and statements from the people involved in the case. Discovery is time-consuming, and this is where the attorney will spend the most time. After both sides have finished their discovery process, the case heads to pre-trial. This is when your attorney and the attorney for the other party begin negotiations. Sometimes they can reach an agreeable settlement in the pre-trial phase, saving you from the frustrations and costs of court. During the pre-trial stage, either party can also use motions to ask the court to make a ruling or dismiss parts of the case before it actually heads to trial. If you cannot reach an agreement in pre-trial, the case will go to trial. This may or may not involve a jury, depending on the circumstances of the case. Before the trial, the plaintiff and defendant will provide their briefs to the judge. These documents outline their arguments and the evidence both parties have. At the trial, each party will have the option to make opening statements, then pursue arguments and questioning, and craft closing arguments.
BUSINESS LITIGATION
Business litigation law is complex. It involves combing through myriad documents, consulting experts, investigating evidence, interviewing witnesses, drafting and responding to numerous motions, and participating in court proceedings. It can also drag on for years, especially when it concerns complicated issues or large amounts of money. If you are involved in a business dispute, it is important to have a seasoned commercial litigator on your side. Your attorney can look out for your interests so that you can focus on running your business.
So exactly what is business litigation? Business litigation encompasses numerous legal issues, including breach of contract, employment, real estate disputes, class actions, intellectual property disputes, shareholder oppression, zoning and land use disputes, conversion, fraud, automotive industry issues, insurance coverage disputes, breach of fiduciary duty, commercial collection, product liability, tortious interference with contracts or business relationships, and partnership disputes. Below, we’ve compiled summaries of some of the most common types of business litigation. However, any legal issue confronting your business can fall within the scope of commercial litigation. Consulting with a business litigation attorney is the best way to understand these issues and how they may affect your business. Common Types of Business Litigation Breach of Contract Breach of contract cases are probably the most common type of business litigation. Contracts can govern practically every aspect of your business, including transactions for goods and services, terms of employment, and even the very structure of your company. The success of your business depends on others fulfilling their contractual obligations to you. And when someone breaches a contract, it can have devastating consequences. A business litigation attorney can help you enforce your contracts. They can also help defend you if another party alleges that you are in breach of a contract. Employment Employment claims are another common type of business litigation. Frequent employment issues that arise include: • Wage and hour disputes, • Harassment or discrimination claims, • Retaliation claims, • Wrongful termination, • Breach of noncompete or nondisclosure agreements, • Breach of employment contracts, • FMLA (Family and Medical Leave Act) violations, and • ERISA (Employee Retirement Income Security Act) violations. Employment claims often involve federal laws, but they can also rely on individual state laws. Many types of employment claims need to be pursued through administrative agencies, which can involve different procedures than claims in state or federal court. An employment litigation attorney can help you determine which procedures apply. Class Actions Class action lawsuits can arise in many circumstances, but they frequently involve businesses as defendants. Class actions are cases where numerous plaintiffs have been affected by the same allegedly wrongful action. Common examples include: • Product liability, • Data breaches, • Pollution, • Harassing collection practices, and • Employment practices. Just because a class action is filed doesn’t mean the court will permit it to proceed. First, a judge must certify the class. The plaintiffs have to show the following for class certification: • So many people have been affected by the alleged action that it is impractical to join them all as parties in the lawsuit; • The predominant issues in the case affect all members of the class; • The claims and defenses of those representing the class are typical of the whole class; • The representative parties can adequately protect the interests of the class; and • A class action is a superior method for pursuing justice to other available methods of adjudication. If someone files a class action against your business, a commercial litigation attorney can help you fight the class certification. Class actions can be extremely time-consuming and involve unique legal issues. It is important that you have an attorney with specific experience in class action suits. Shareholder Disputes In closely held corporations, shareholder disputes can occur when minority shareholders feel that corporate officers or majority shareholders have not protected their interests. Disputes may arise over things like: • Breach of the shareholder agreement, • Breach of fiduciary duty, • Self-dealing or conflicts of interest, • Disagreement over corporate actions, • Payment of dividends, • Excessive compensation, • Denying access to corporate records or ledgers, and • Illegal actions like embezzlement or fraud. Depending on the circumstances of your case, a number of different remedies may be available for shareholder oppression. Remedies can include injunctions, damages, or, in extreme cases, even a court order dissolving the corporation or liquidating assets. Partnership Disputes When people go into business together, they generally start out with the same goals and expectations. However, over time, a business partnership can deteriorate as partners disagree about how to run the business. Partnership disputes can also arise if one partner misappropriates partnership funds or assets or engages in wrongful or illegal activity that might hurt the business. One partner may also breach the partnership agreement or other written agreements between the partners. In some cases, you may be able to negotiate with your partner either to resolve your differences or for one partner to buy out the other. In other situations, you may need to go to court to protect yourself and your business. Bankruptcy Elite Legal provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of federal bankruptcy law. It also provides individuals who may be considering filing a bankruptcy petition with a basic explanation of the different chapters under which a bankruptcy case may be filed and answers to some of the most commonly asked questions about the bankruptcy process. The United States Bankruptcy Code (title 11, United States Code) and the Federal Rules of Bankruptcy Procedure, are available online and at your local law library. The local rules of practice and procedure adopted by each bankruptcy court are available on each court website or in person at their clerk’s office. • Process • Chapter 7. Liquidation Under the Bankruptcy Code • Chapter 9. Municipality Bankruptcy • Chapter 11. Reorganization Under the Bankruptcy Code • Chapter 12. Family Farmer Bankruptcy or Family Fisherman Bankruptcy • Chapter 13. Individual Adjustment • Chapter 15. Ancillary and Other Cross-Border Cases • SIPA. Securities Investor Protection Act