One of our DIY clients, L.B., just beat Patenaude & Felix and their client National Collegiate Student Loan Trust 2003-1.  L.B. defended the case with our help up to the last two weeks before trial, then and the other side just gave up and dismissed the case. Congratulations L.B.!

A debt collector must sue you in the correct state and in the correct county.  That does not mean that if you get notice of a suit in the wrong county you can ignore it, but it does mean that we can get the case dismissed.  Sometimes the debt collector will re-file the lawsuit, but sometimes they won't.  

Our client was sued by Commercial Collections of America, who purchased an old debt from a lease related to our client's bakery.  But CCA sued our client in the wrong state!  We moved to quash service for lack of personal jurisdiction.  Case dismissed!  

We had to take it to the eve of trial, but our client is happy to have settled this lawsuit for 35% of the amount demanded.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Attorney Robert Colclough and Allied Collection Services sued our client for $6,600 plus interest (about $7,800 total).  When Allied and Colclough failed to respond to a demand for copies of their files, we prepared a motion to compel a response for our client to use against them. Rather than deal with the motion to compel, Allied and Colclough just gave up.  Case dismssed.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

The Problem: Out of state client improperly sued in California and default judgment wrongfully obtained.  Money unlawfully levied from client’s bank account.

Our Action: Two phone calls and one letter.

The Result: Money returned, judgment vacated and case dismissed.

A thank you note from our client.

Hi! First and foremost I want to thank you so much for your effort to get this matter resolved so quickly.  Your professionalism has surely impressed me.  When I first contacted your firm I was surprised to get a call from Mr. Fullman so quickly.  I will definitely refer you to any clients or friends who are looking for an Attorney in California. 

Everyone I spoke to told me that I was wasting my time but you surely proved them wrong.  Again thank you so much for helping me out.  The $250.00 that I paid is the best money I have ever spent and it’s all thanks to you and your firm.

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

The California Statute provides more protection than the Federal Statute.  It is known as the Rosenthal Fair Debt Collection Practices Act and a very nice summary can be found here:

http://www.dca.ca.gov/publications/legal_guides/dc_2.pdf 

Even our free consultation clients are happy!

"Thank you very much. You have been extremely helpful.  I hope, this doesn't come to going to court.  If it does, I will most definitely give you a call."  BB

Your Welcome, BB.  Hope it works out well for you! 

Judith was sued by Portfolio Recovery Associates for over $14,000 using Mark Walsh of Legal Recovery Law Offices as its attorney.  We prepared a simple demand for production of documents demanding copies of the evidence against Judith.  When Portfolio refused to produce the documents, we prepared a motion to compel its compliance with the law.  In response, Portfolio dismissed the suit rather than deal with the motion.  Winner!  Congratulations, Judith, and thanks for the very sweet note.  We'll post it once it's been scanned. 

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

In our initial client interview we noticed that Curtis O Barnes debt collection lawfirm had violated the Rosenthal Fair Debt Collection Practices Act when it brought suit against our client in the wrong venue.  One phone call later: case dismissed.  Also, we got the agent on the phone to admit that they barely filed in time to beat the four year statute of limitations.  BUT since then the four year deadline has passed.  They cannot re-file the lawsuit after dismissing.  Our client is free!

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Our client, James, was sued by Capital One using debt collection attorney Mark Walsh at Legal Recovery Law Offices. Just ten weeks and $500 in fees later, the case was dismissed and our client paid zero to the creditor! Usually the first ten weeks of DIY service should only run about $250, but in this case the debt collector sent a substantial amount of discovery demands to our client in a last ditch effort to pressure him into paying. James sent the demands to us and we prepared his answers. After that, the other side just gave up!

I am so happy that I won this case with Bank of America.  Thank you so much for helping me with the case.  I sincerely appreciate the time you spent on my case and the time you spent talking to me.  You were very honest and thorough every step of the way.

I would like to share this with others about the Fullman Firm.  I came to Adam Fullman for help with my case because I discovered that I had a negative mark on my credit report.  I had a judgment with the LA County court against me and it was shown on my credit report showing that I owe approximately $8000.  I was not aware of this until one day the money was taken of my bank account.  When I discovered this, I learned that the banks had sent letters to my old address and so to them I was not responding and therefore they took my money.  After a couple of phone calls and a letter from the Fullman Firm, I was able to get my money back (Thanks Adam Fullman!).  Even though I got my money back,  it is was not over.  I now have to proceed with the court filing a lot of paper works and also to demand documentations from the creditor.  Adam and Eric walked me through every step.  I was very please of how Adam and Eric handle my case.  They were very efficient and very patient and took the time to explain to me what they were doing every step of the way. 

They always were very honest and always suggest other ways that I could do to save me money.  Adam was very clear about the methods he would use and the options I could take to help me save money.  His explanation was clear and he use common language and terms that you and I can understand.  I was very lucky to find help from Adam and Eric.  I would recommend them to anybody who needs legal help. 

I won my case and the charges were so minimal.  Thank you kindly to both so much.  I could not ask for more. 

Best Regards,

J.N.

Just spoke to R.M.  He and his wife were sued for $49,000 on a home equity line of credit (HELOC).  We prepared their answer to the complaint against them.  Wells Fargo, not fully prepared to pursue its claim, responded by immediately dismissing the lawsuit.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case. 

We recevied notice that we have beaten Hunt & Henriques and Citibank again.  This case came to us after our client learned that a judgment had been entered against her without proper notice.  We got the judgment vacated (reversed) and defended the lawsuit. Hunt & Henriques (the lawyers representing Citibank) just sent us a copy of their "Request for Dismissal, which is the form used to inform the court that they give up.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We just learned that Pinnacle Credit Services (represented by Brachfeld Law Group) has dismissed its lawsuit against our client, J.N.  The history of this case is interesting.  Pinnacle/Brachfeld obtained a default judgment against J.N. by not giving her proper notice of the lawsuit.  Then they levied over $8,000 from her bank account.  We filed a motion to vacate the judgment and won. Pinnacle returned the money to J.N. Then we defended the underlying lawsuit, which they just gave up on.  They dismissed the case with prejudice and can never go after her for this debt again. She may even be able to get the debt removed from her credit report due to the legal doctrine of retraxit.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Hello Adam and Chris -
I just wanted to thank you for your excellent legal help and personal support during my litigation process.  Being involved in litigation is a very stressful time.  It is a great comfort to know that you've got experienced and caring professionals to assist and guide you in the process.  The legal team at The Fullman Firm has been outstanding in their professional expertise and availability for questions and concerns. 
All the best!
P.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

When I received notice in the mail from Midland funding I was being sued for more than $18,000 from a previously charged off credit card I did not know which way to turn. I briefly considered trying to settle the debt on my own, but due to the large amount of the debt, I knew I would probably do much better with professional guidance. I was right. The Midland funding group were very difficult to negotiate with, and did not want to settle at all. If it were not for the persistence of Adam Fullman and his associate Christopher Peters, I would be paying the whole amount, or nearly the whole amount. They understood my needs and kept fighting for me, and kept me informed throughout the process. They also gave me realistic expectations. After the last hearing Christopher called to tell me we had won and I actually owed nothing!!! Our persistence had paid off!! I appreciate their time, effort, keeping me involved without unrealistic expectations. The result being better than expected, I suspect, is a testimony to how truly excellent they really are.  

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

In the past month we have logged three more wins against debt collection attorneys (two DIY and one Full Service).  Our clients paid the Debt Collectors ZERO!  In one case we are going after the Debt Collector for the small amount of attorney fees our client paid us, so our client could end up completely even.  

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We are happy and proud to say that, even when our clients don’t get their cases dismissed or dropped, they often are able to obtain substantial “victories” by getting the debts against them significantly reduced.

MT was a client of ours in our “DIY” (Do It Yourself) Program, in which we assist a client in defense of a lawsuit. In the DIY Program, we prepare our clients’ documents, coach them with regard to attending court hearings, recommend discovery procedures that can improve their leverage against the plaintiffs, and all at a much reduced expense compared to the cost of hiring a law firm to handle one’s case.

In MT’s case, FIA Card Services was suing him for almost $11,000.00. We assisted him through answering the complaint, discovery, court hearings, and trial preparation. All of this cost MT just a bit over $1,000.00. However, because he was putting on such a strong defense in his case, the plaintiff apparently decided that it wasn’t going to be worth it to go to trial and made a low offer of just $3,000.00 to settle the case, which MT happily accepted. The end result was that for a total cost of a little over $4,000.00 MT was able to settle the $11,000.00 case against him, including having related negative reporting against him on his credit record removed. So MT saved almost $7,000.00 and ended up with a clean credit record with regard to this account.

MT wrote to us and said: “Hi Adam, I just received the all important call from Chris telling me that Zwicker accepted the settlement for $3000.00. WOW I couldn't believe it was going to be that low! Chris told me to send you guys a copy of the Joint trial readiness report that I received about an hour and a half prior to him calling me giving me the great news. I just wanted to say that it has been a pleasure having you and your team on my side through out all of this. It is apparent that you work with professionals and I could not be happier that I chose your firm to handle my case. I will definitely recommend you to all that seek out help in this arena. Hek, you may hear from me again sometime in the future for some more business, please let me know what I owe you for the remainder of my bill so that I can get you taken care of.  Thanks again everybody”

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Another couple of matters that we’ve successfully resolved in the last couple weeks demonstrate how we are sometimes able to improve a client’s credit record by getting negative items removed.

In one case, the creditor agreed to accept payment of the debt in exchange for removing the negative item from the client’s credit record. This is a practice referred to as “payment for deletion.” Creditors aren’t always open to doing this, but there is often no harm in asking.

In another case, the creditor was improperly reporting a debt on a client’s credit record even though the alleged debt was over seven years old (Section 605 of the Fair Credit Reporting Act generally prohibits reporting debts over seven years old). The creditor was able to do this by using a false date when reporting to the credit bureaus.  Our client had disputed the false date with the credit bureaus without success. We sent the creditor a rather stern letter advising that our next step would be litigation.  They quickly complied, rather than face a lawsuit for violating the FCRA.

The important thing is that in both cases we were able to help clean up the clients’ credit records, even though the underlying debts may have been legitimate at some point. So just because you may have some negatives on your record don’t necessarily assume that there’s nothing that can be done about it. Find out how we may be able to assist you with your own credit record by giving us a call and talking to one of our attorneys.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We recently had a couple of cases in which the creditors had obtained judgments against our clients without properly serving them with the Summons (that means the creditors did not give them proper notice of the lawsuits), and we were able to get the judgments vacated and set aside.

In the first case, client JW was not aware that a lawsuit had been filed against her and a judgment obtained until she was informed by her mortgage banker that there was a judgment on her credit record. We discovered that the creditor’s process server claimed to have served the summons and complaint to her in 2006 at her previous home, which in fact she had sold and moved away from two years previously in 2004. Faced with the facts, the creditor’s lawyers agreed to sign a stipulation to have the judgment vacated and set aside, and the judgment was removed from the client’s records.

In the second case, client JN had no idea that she had a judgment against her until the creditor’s collection agency snatched over $8,000.00 from her bank account. In that case, the creditor had the client’s address for service correct, but the process server had falsely claimed to have served the client’s “co-tenant” when she in fact had no such co-tenant, and the papers had never been properly served to her. The judge agreed that the judgment had been obtained improperly, and not only ordered the judgment to be set aside and vacated but also ordered the creditor to pay back the $8,000.00+ taken from the client’s bank account.

In both these cases, getting the judgments vacated does not guarantee victory later. But at least now these clients will be able to make proper defenses, and may even triumph in their cases.  At minimum, they are in a much better bargaining position during settlement negotiations. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Client calls me and says "I don't know why AMEX is suing me. I have been paying as much as I can to all my creditors, sometimes only $25 per month, but I am acting in good faith." This client was doing exactly the wrong thing. A partial payment to a creditor is considered the same as no payment at all. If you cannot afford to pay your minimums, or if you believe that paying minimums will never allow you to pay off your debs, it is better to skip payments to all but one and concentrate on paying off that one account fast (in two or three payments max). You'll take a hit on your credit, but remember, the partial payments are being reported to the credit bureaus as NO payments, so you might as well use your limited resources effectively. You can also stop all payments and save up money for a lump sum offer at a discount. Creditors usually do not agree to discounts until the account is seriously delinquent. I am not recommending you stiff your creditors; I am recommending you act wisely in your circumstances.

According to the Brachfeld Law Group, EK owed a large sum of money.  They claimed to have given her notice of their lawsuit against her by delivering the Summons to her home and then they claimed that she never bothered to answer the lawsuit.  Based on this, they got a default judgment from the court, and their collection department filed papers to garnish EK's wages.

The truth was that EK had moved away from the Orange County address where Brachfeld’s process server claimed to have served her and had been living in San Diego for almost an entire year before the supposed “service.”

Even worse, she had never had any financial relationship with the plaintiff in the case and never owed them a dime. She was just another innocent victim of sloppy collection agency paperwork and a falsified proof of service.

So she called the Fullman Firm.

We promptly filed a motion to have the judgment vacated, based on the false proof of service. Brachfeld didn’t resist for long, and they quickly signed a stipulation to have the judgment vacated. Another win for the good guys!

About ten years ago, AK incurred a debt of about $6,500.00 to a Credit Union. He subsequently defaulted on the debt, and the Credit Union farmed the collection of the debt out to a collection agency (“Agency”).

Early last year, Agency contacted AK and offered to settle the debt for $3,500.00, a bit over 50% of the original debt. AK agreed, paid the money, and was provided a letter by Agency stating that the debt to the Credit Union had been paid “in full” and that Agency would remove all derogatories from AK’s credit record.

Unfortunately, this wasn’t the happy ending that AK had hoped for.

Several months later, a law firm (“Collection Lawyers”) employed by the Credit Union suddenly grabbed over $16,000.00 from AK’s bank account using a bank levy.

We found out later that what happened was that the Credit Union, not long after assigning collection of the debt to Agency, had also employed Collection Lawyers to file a lawsuit against AK without informing Agency. Collection Lawyers got a default judgment against AK, who never had any idea he was being sued. Over the years, they kept piling interest and attorney’s fees onto the judgment until it exceeded $16,000.00, which was when they grabbed AK’s bank account.

AK tried to resolve the problem on his own, explaining over and over to Collection Lawyers that he had already settled the debt with Agency in good faith, but it finally dawned on him that Collection Lawyers were just stalling and were never going to deal with him fairly.

That’s when he called the Fullman Firm.

We promptly filed a motion to recall and quash the Writ of Execution that the Collection Lawyers had used to do their bank levy, and restore AK’s $16,000.00+ to him. They put up a fight, of course, and we had to subpoena the head of Agency to testify that Agency was employed by Credit Union to collect and settle debts, and that they had been acting in good faith when they settled with AK (as they were unaware of the judgment obtained against AK).

The judge agreed with us that AK had settled the debt in good faith and from that point on Credit Union was barred from doing further collection on the debt, and he ordered Credit Union to return the over $16,000.00 that they had taken from AK’s bank account. Another win for the good guys! 

Two more victories for our clients this week. We're up to 60% win ratio over debt collectors. The rest of our debt collection lawsuit clients usually end up paying an affordable settlement. If you know someone getting sued by a debt collector, send them our way.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Our client made arrangements for settlement of a Bank of America account.  After he made two of the three scheduled payments, FIA Card Services repudiated the agreement and sued for the full balance.  We defended the suit by FIA, cross-complained back against FIA and its lawyers.  Result: original settlement honored and FIA pays a settlement to our client. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Our Client, J.N., learned that her bank accopunt had been emptied of $8,762.62 by Pinnacle Credit Services and Brachfeld Law Group. Pinnacle had obtained a judgment against J.N. without giving her proper notice. We got the judgment set aside and the judge ordered the money returned to J.N.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.  

Our Client J.D., prevailed against LVNV on a shoestring Budget.  LVNV simply dismissed its lawsuit in response to a simple answer to its complaint and a few discovery requests.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Palisades Collection, LLC obtained a default judgment agaist our client, RH.  RH called us and explained that she had never been given notice of the lawsuit.  We got the default judgment set aside and defended the lawsuit.  The lawsuit was dismissed this month and RH paid nothing to the other side.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

The Fullman firm is highly recommended via my personal experience. While in escrow with a home, I found a judgement on my credit report. Unfortunately, this did lead to me loosing that particular home. A process had to be completed with this Judgement to remove it before a loan would be granted. That process took many months, and now I do own a different home. All parties of this firm are pleasant, professional and efficient. If you have any sort of issue such as I had or anything else they can help you with, please retain their services. You will be pleased that you did! Robin.....San Jose, Ca

I just received a call from a man who says he hired Covenant Debt Solutions to settle only two accounts. He says over a year later he’s paid nearly over $3,000 in fees, no accounts have been settled, and he’s been sued by one of the two creditors. Moreover, he says the representative he spoke to at Covenant told him he did not have to respond to the lawsuit until the first hearing (not true) and now he has a judgment against him. STOP HIRING THESE COMPANIES, PEOPLE! Radio and TV advertising does not automatically mean they are competent or honest!  

Amex backed down when challenged in court and dismissed its collection suit against our client, J.D., as our trial date approached. J.D.'s legal fees were less than $700. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Although our firm now concentrates mostly on credit issues, we are experienced many types of litigation, including personal injury. I worked exclusively for insurance companies for years before embracing the light side of the force.  We still accept clients whose personal injury claims require our skills.  MG was injured in a rear end accident in 2008.  The insurance company for the at-fault driver refused to offer MG any more than $15,000.  The insurance company continued its uncooperative ways until we brought the matter to the very eve of trial.  After we prepared our case for trial, the insurer finally balked and asked for a mediation (a sort of settlement meeting). We told the insurance lawyer that we were tired of wasting our time with low-ball offers and preferred to just win an award at trial, but he practically begged us to meet and offered to pay all fees for the mediator.  We are happy to announce that the case just settled for $100,000.  MG is happy;he just called to thank us again.  You're welcome MG.  Buy that beautiful daughter of yours something nice.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

When K. came to us, the Brachfeld Law Group (debt collection lawyers) had already obtained a default judgment against him. He was exposed to levying of his bank accounts and, because he had already “lost” by not defending himself in court, he had no leverage in settlement negotiations. We wrote his motion to vacate the judgment for him (he had not been given proper notice of the lawsuit) and assisted him in defending the suit. The judgment was vacated (removed) and we just received an email from him informing us that he has worked out a settlement of the debt. K. is happy, so we are too.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

When PK came to us about some financial issues last year, we were happy to help. Then, after a few months of our negotiating with her creditors, she mentioned that her financial challenges would be mitigated if only her private disability insurance would pay her the benefits she was owed. We were pleased to inform her of the extensive insurance claims experience our firm has. PK sent us her claim file for review. After one detailed letter and three phone calls the insurer increased its offer from $8,000 to $19,500.   Moreover, we handled the whole matter for approximately $1,500, about 10 percent of the increase we obtained for her.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Two more victories for our self help troops!  After pushing to the eve of trial in one case, and just after initial demands for documentation in another, two Do-It-Yourself clients obtained dismissals in the actions against them.  Good job guys!  It was our pleasure to be at your side through it all. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Surprised and fatigued by consumers who actually defended themselves (with our help), both FIA Card Services and Midland Credit Management gave up and dismissed their actions against two of our Do It Yourself clients. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We are happy to share this letter from one of our victorious DIY clients. When the documents we drafted for him showed Capital One that it could not win, it dismissed the case against him. O.D. gave us permission to use his full name. Thanks, O.D., we'll continue to honor your privacy, but we appreciate the email. Oh, and thanks for the bottles of wine!

Hello Adam,

Just a quick note to thank you and your team at the Fullman Firm for your relentless commitment/dedication towards resolving the lawsuit Capital One brought against me.

Your team has shown nothing but the highest level of professionalism from the moment I nervously requested your legal assistance, through the court document filing process and preparing/coaching me for the actual court date which, thanks to you and your team, never materialized.

Words cannot express my sincere appreciation to you and your team. I would highly recommend your legal services to anyone facing a similar lawsuit.

"Two thumbs up and a high five" from a very satisfied and grateful client!

Sincerely,

O.D.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

A woman called me yesterday for a consultation because a debt settlement “program” company (I call them DSCs) had overdrawn her bank account. This nice lady had no assets, bad credit, and poverty level income.

However, the DSC had told her that bankruptcy was not the right option for her. Instead, they convinced her to start making automatic $425 per month payments toward a “settlement fund” and to pay the DSC three installments of $425 so they could start negotiating payments on her debts (these companies set up automatic withdrawals for these payments for their own benefit, not the consumer’s convenience). She called the DSC at the end of January to stop the February automatic withdrawal from her account because she had no money to cover it. However, she was told “oh, I’m sorry, you only gave us 6 days notice and we can’t stop the payment. She also tried to stop the March payment, but the DCS took it anyway. When she tried to cancel the service, she was told that, even though the DSC had only written ONE LETTER on her behalf, she still owed all three fee payments of $425. When I told her that when my firm sends a simple introductory letter to a debt collector our clients are only charged $16, she was shocked.

There is a difference between a debt settlement “program” and debt negotiation with The Fullman Firm. Here is how debt settlement “programs” typically work.

Step 1 of a debt settlement “program”: Sign a Long Term Contract which requires you to write a BIG FAT CHECK every month to your "settlement fund". Although the Debt Settlement Program (DSC) may not technically "own" this account, it has access to this account to withdraw funds for its fees.

Step 2 of a debt settlement “program”: Watch as the DSC takes ALL of the first three (3!) payments as part (that’s right, only “part”) of its fees. Meanwhile, three months have passed and you have not gotten any closer to settling your debts.

Step 3 of a debt settlement “program”: Keep making large monthly payments into your "settlement fund". Watch as every month the DSC skims additional fees off of YOUR money while waiting for you to accumulate enough for them to start work (this will take many more months but in the meantime the DSC has taken large fees from you up front and not actually settled any debts).

Step 4 of a debt settlement “program”: After the delays of the first three steps, the DSC (if it is not run by outright thieves) will now begin to contact your creditors and ask if they are willing to settle. The DSC is usually not run by real lawyers, there is no analysis of your situation under any consumer protection laws, and no action can be taken other than “begging” for a deal.

Step 5 of a debt settlement “program”: Finally (again, if the DSC is not run by outright thieves) some of your debts may be settled, and some of the deals may be good ones.

Step 6 of a debt settlement “program”: Some of your creditors will not offer good deals, and after many months of not getting paid, some of them will threaten a lawsuit. The DSC can’t address these threats with any real authority, because it usually is not a real law firm, so you are left on your own. In the meantime, any “installment” settlement agreements made by the DSC, will simply extend the statute of limitations and give the creditors more time to sue you in the future.

Step 7 of a debt settlement “program”: One or more creditors may actually sue you but, again, the DSC can’t or won’t defend you.

At The Fullman Firm, we negotiate with creditors on your behalf while applying decades of real courtroom experience to analyze your situation and look for any advantage over the creditors, including possible violations of consumer protection laws. You only pay us when we are actually working and we do not skim fees from your settlement funds. In fact, you hold onto your own money until we work a deal you agree to. Save your own money until you have enough for a discounted lump sum settlement that can wipe out the debt all at once. If a creditor does try to pursue legal action against you, you can ask us to defend you, which we can do as trial lawyers. Finally, if you decide to pursue the protection of the bankruptcy courts, we can assist you with that as well. We know bankruptcy is not your first option, but it is one of many options, and the point here is we can give you options that a DSC cannot.

Learn more at: http://www.fullmanfirm.com/our-services/debt-settlement/.

After you discharge a debt in chapter 7 bankruptcy, not only do you not owe the debt, but it is illegal for a creditor to continue to pursue the debt or to sell it to a debt collector. Reporting the debt on your credit report is a violation of the Fair Credit Reporting Act, and contacting you in pursuit of the debt is a violation of California’s Rosenthal Fair Debt Collection Practices Act. If you believe that a debt you have discharged in bankruptcy is being illegally pursued, contact a lawyer to learn more about your rights.

We have all seen it on television or in the casino. A high stakes game of poker in which one of the players confidently bets a huge sum of money, striking fear into the hearts of the other competitors. These bets usually result in the other players folding their hands in order to avoid the risk. Yet sometimes there will be one player who will believe that the bettor does not have as good a hand as he would have the others believe. This player may "call" or perhaps even "raise" by betting even more money. Sometimes the first bettor wins, but sometimes he must admit he has been caught "bluffing".

As a result of the Fair Credit Reporting Act and Fair Debt Collections Practices Act work I do, I get several calls per week from people being sued by debt collectors for amounts varying from $5,000 to $100,000. Typically, these collectors have purchased the debt from the original creditor for pennies on the dollar and are looking to obtain a default judgment against the consumer in order to maximize their profit (default judgments are obtained when defendants - consumers- fail to properly defend themselves). 

When consumers retain me to defend them against the claims of the debt collectors, I am consistently amazed at how ill prepared for litigation the debt collectors are. Many of them do not have the evidence to prove their case or fend off an affirmative defense. They are caught "bluffing."

Many of these companies purchase hundreds of debts at a time. They do not review each claim individually. Therefore, if their file is missing important information or documentation, they will often not know about the problem until they are challenged in formal litigation.

Litigation offers the consumer a unique opportunity to "call the bluff". The burden of proof on the creditor is very low when the creditor is merely destroying the consumer's credit rating by way of statements to a credit reporting agency. In litigation the burden on the creditor to affirmatively prove its case is much higher and often it simply cannot meet that burden. Here is an example from a recent case in my office.

My client (let's call him "Bob") was sued by a debt collection agency that claimed to have purchased a debt of $100,000 from a bank. Bob insisted that he had not had any dealing with the bank in for over four years before the lawsuit was filed. Therefore, I answered the complaint on his behalf and asserted a "statute of limitations" defense. I then immediately sent out discovery demands designed to learn whether the opposing party had any proof either of the alleged debt or regarding our defenses. The attorney for the debt collector was forced to admit that the bank had failed to give the debt collector a complete file when it had purchased the debt and that the debt collector could not prove its case. The debt collector agreed to dismiss the case and Bob did not have to pay a single dime to the other side.*

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case. This generalized example is for informational purposes only and "Bob" is a composite character made up of several other clients.

One of the things that interested me as I listened to a seminar for debt collections attorneys recently is that the speaker admitted she would personally sue the individual who signed the contract for the business debt even if it was clear that the person was only signing on behalf of the company.  She knows that most people don't defend themselves and she will get a judgment against them even though she should not.  She knows that once she gets the judgment, she can pressure the individual into paying the company's debt by threatening to garnish his wages or attach his bank accounts.  You can stop this from happening to you by calling a lawyer and asking about your rights. 

I’ve been listening to this online seminar in which the speaker is a debt collection attorney in Los Angeles. It’s like listening in on a meeting between Darth Vader and those storm troopers in the red uniforms. At one point she actually laughs as she says “Garnishments! I loooove wage garnishments!”

The whole point of the seminar seems to be how to use the legal system to scare people into paying because they are afraid of exercising their right to defend themselves in court. Do not let them get away with this! Call us or another consumer law firm and get some help!

One of the most important questions our clients ask us is what they will be allowed to keep if they file a Chapter 7 bankruptcy.  The short answer is "suprisingly, quite a lot, and often everything."  We call the assets you are allowed to keep "Exemptions".  California has its own list of Exemptions. Here is a list straight from the California Civil Code.

http://www.fullmanfirm.com/what-i-have-learned/what-can-i-keep-in-ch-7-bk/  

I can’t count how many times I have reviewed a client’s file with the hope that the old debts I saw were beyond the statute of limitations for a collection lawsuit only to learn that my client had “reaffirmed” the debt and restarted the limitations period by making a small payment within the last four years. The client’s story is usually something like this “I don’t understand why they are suing me. I’ve been making small payments, but now they want more.” The problem was that my client confused the debt collector with a human being. My client’s theory was that if he could just convince the collector of his sincerity, the collector would “understand” and give him more time to make more payments.

My client forgot one thing: “THE DEBT COLLECTOR IS NOT YOUR FRIEND – HE IS YOUR ENEMY! Making an installment payment to a debt collector not only restarts the statute of limitations, it gives him your bank account number, making it easier to levy your bank account after he sues you. It’s like hoping the burglar will not break in to your house if you give him the key to your front door! If you don’t have enough cash to pay off the debt then tell the debt collector to go jump in a lake and keeping telling him that until you can make a settlement offer to wipe out the balance (for a discount, of course, no one is paying full value in this economy).

The following is a letter written (with some "ghost writing" by us) by one of our "Do It Yourself" clients who is defending himself in a lawsuit on a credit card debt. Keep in mind all the law referenced is for California only.

The billing statements Capital One has produced show that the statute of limitations on plaintiff’s cause of action began to run on August 1, 2005. The statements show that I failed to make the required minimum payment which was due on August 1, 2005. Instead I only paid $50. I did this again on September 1, 2005. Thereafter, I made no payments whatsoever. The contract plaintiff produced states under “Default” that we [plaintiff] may, in our sole discretion, declare a default under this agreement if (a) we do not receive the full amount of any minimum payment on or before the date it is due.” In the current case plaintiff assessed both a late payment fee and an over limit fee each time when I failed to pay the minimum amount due on August 1, 2005 and again on September 1, 2005. Because the contract gave plaintiff the right to declare a default at that time, plaintiff’s cause of action for this lawsuit arose at that time. It does not matter that Plaintiff may not have “declared” the breach. Plaintiff’s own evidence is that I have failed to perform under the contract commencing August 1, 2005 and have continued to fail to perform.

I have discussed this matter with a consumer debt lawyer. He tells me that pursuing this action even though the statute of limitations has expired is a violation of the Rosenthal Act. He is willing to file my cross-complaint against you on a contingency fee basis, but he advises me to first offer to settle this matter with plaintiff in the form of a “walk away agreement” in which plaintiff and I would waive current rights of action against each other with the exchange of no money and each party to pay its own costs and fees. I am willing to discuss this with you. Please respond in writing.

A client (nice lady, very sweet, very upset) calls me and says that she is being harassed by a debt collector (I promise to name them as soon as the case is closed). Her story is common. She had been contacted two years ago by a debt collection company claiming that she owed thousands of dollars for an old debt. Whether or not she owed the money was not important, the company threatened a lawsuit and she had not met me yet so she did not know how to defend herself.

She agreed to a stipulated judgment with the creditor which included monthly payments until the claim was paid off. Now, like any agreement, a stipulated judgment can be a useful tool to resolving a dispute, but in this case (and in many cases in the world of debt collection) it was a lopsided deal reminiscent of Faust. Long story short, the deal contained a harsh term that purportedly allowed the debt collector at any time in the future to simply decide the deal was not good enough and then demand higher payments.

Now, I have read the stipulated judgment and I don’t think such a lopsided deal is even enforceable in court (something called an illusory promise comes into play – ask your nephew the first year law student about it). Unfortunately, my client did not know that. So, when the debt collector called her one year into the deal and demanded an immediate payment of ten times the monthly installment, she gave in. However, six months later the collector called her again and this time a payment of twenty times the monthly payment was demanded. That’s when she called me. The collector is in violation of California’s Rosenthal Fair Debt Collection Practices Act, and as one of my mentors used to say, “we are on them like a bird on a june bug.” This one should be fun.

Federal Law sets the statute of limitations for cell phone bills (the last day you can be sued for the debt) at 2 years. That means, with certain exceptions, any threat of lawsuit by that annoying debt collector over an ancient cell phone bill may be nothing more than smoke and mirrors. There is a disagreement between some judges on how to apply this rule, so ask a lawyer (like me) for more details.

Here is the story of TB, one of our Do It Yourself clients, in her own words. She found us through our sister company, Lexington Law Firm California.

"One day I received a summons at my door, I was being sued! I immediately called Lexington Law as I had no idea what to do, I was in a state of panic, but within minutes I was relieved. The paralegal gave me Adam Fullman’s number and by the end of the day after Adam Fullman and I talked, it was decided I was going to fight this case out with Adam’s help… Adam was very straight forward, gave awesome direction, and stayed with me the entire way and guess what, I WON!!!! After being with Lexington Law for six months they improved my credit score by 70 points. They worked with all 3 credit bureaus and removed numerous accounts off of my credit report from judgments, to late payments, and collection accounts and let’s not forget to mention helping me with yet another judgment trying to be placed on my record. I couldn’t thank Adam Fullman and his team enough for what they did for me and what they taught me about my credit report/score. I was so happy with my results that anytime anyone has issues with their credit score and/or report I always tell them about Lexington Law because they helped me in ways I didn’t think was possible."

TB, Mountain View, CA

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

One of our DIY clients, L.B., just beat Patenaude & Felix and their client National Collegiate Student Loan Trust 2003-1.  L.B. defended the case with our help up to the last two weeks before trial, then and the other side just gave up and dismissed the case. Congratulations L.B.!

A debt collector must sue you in the correct state and in the correct county.  That does not mean that if you get notice of a suit in the wrong county you can ignore it, but it does mean that we can get the case dismissed.  Sometimes the debt collector will re-file the lawsuit, but sometimes they won't.  

Our client was sued by Commercial Collections of America, who purchased an old debt from a lease related to our client's bakery.  But CCA sued our client in the wrong state!  We moved to quash service for lack of personal jurisdiction.  Case dismissed!  

We had to take it to the eve of trial, but our client is happy to have settled this lawsuit for 35% of the amount demanded.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Attorney Robert Colclough and Allied Collection Services sued our client for $6,600 plus interest (about $7,800 total).  When Allied and Colclough failed to respond to a demand for copies of their files, we prepared a motion to compel a response for our client to use against them. Rather than deal with the motion to compel, Allied and Colclough just gave up.  Case dismssed.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

The Problem: Out of state client improperly sued in California and default judgment wrongfully obtained.  Money unlawfully levied from client’s bank account.

Our Action: Two phone calls and one letter.

The Result: Money returned, judgment vacated and case dismissed.

A thank you note from our client.

Hi! First and foremost I want to thank you so much for your effort to get this matter resolved so quickly.  Your professionalism has surely impressed me.  When I first contacted your firm I was surprised to get a call from Mr. Fullman so quickly.  I will definitely refer you to any clients or friends who are looking for an Attorney in California. 

Everyone I spoke to told me that I was wasting my time but you surely proved them wrong.  Again thank you so much for helping me out.  The $250.00 that I paid is the best money I have ever spent and it’s all thanks to you and your firm.

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

The California Statute provides more protection than the Federal Statute.  It is known as the Rosenthal Fair Debt Collection Practices Act and a very nice summary can be found here:

http://www.dca.ca.gov/publications/legal_guides/dc_2.pdf 

Even our free consultation clients are happy!

"Thank you very much. You have been extremely helpful.  I hope, this doesn't come to going to court.  If it does, I will most definitely give you a call."  BB

Your Welcome, BB.  Hope it works out well for you! 

Judith was sued by Portfolio Recovery Associates for over $14,000 using Mark Walsh of Legal Recovery Law Offices as its attorney.  We prepared a simple demand for production of documents demanding copies of the evidence against Judith.  When Portfolio refused to produce the documents, we prepared a motion to compel its compliance with the law.  In response, Portfolio dismissed the suit rather than deal with the motion.  Winner!  Congratulations, Judith, and thanks for the very sweet note.  We'll post it once it's been scanned. 

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

In our initial client interview we noticed that Curtis O Barnes debt collection lawfirm had violated the Rosenthal Fair Debt Collection Practices Act when it brought suit against our client in the wrong venue.  One phone call later: case dismissed.  Also, we got the agent on the phone to admit that they barely filed in time to beat the four year statute of limitations.  BUT since then the four year deadline has passed.  They cannot re-file the lawsuit after dismissing.  Our client is free!

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Our client, James, was sued by Capital One using debt collection attorney Mark Walsh at Legal Recovery Law Offices. Just ten weeks and $500 in fees later, the case was dismissed and our client paid zero to the creditor! Usually the first ten weeks of DIY service should only run about $250, but in this case the debt collector sent a substantial amount of discovery demands to our client in a last ditch effort to pressure him into paying. James sent the demands to us and we prepared his answers. After that, the other side just gave up!

I am so happy that I won this case with Bank of America.  Thank you so much for helping me with the case.  I sincerely appreciate the time you spent on my case and the time you spent talking to me.  You were very honest and thorough every step of the way.

I would like to share this with others about the Fullman Firm.  I came to Adam Fullman for help with my case because I discovered that I had a negative mark on my credit report.  I had a judgment with the LA County court against me and it was shown on my credit report showing that I owe approximately $8000.  I was not aware of this until one day the money was taken of my bank account.  When I discovered this, I learned that the banks had sent letters to my old address and so to them I was not responding and therefore they took my money.  After a couple of phone calls and a letter from the Fullman Firm, I was able to get my money back (Thanks Adam Fullman!).  Even though I got my money back,  it is was not over.  I now have to proceed with the court filing a lot of paper works and also to demand documentations from the creditor.  Adam and Eric walked me through every step.  I was very please of how Adam and Eric handle my case.  They were very efficient and very patient and took the time to explain to me what they were doing every step of the way. 

They always were very honest and always suggest other ways that I could do to save me money.  Adam was very clear about the methods he would use and the options I could take to help me save money.  His explanation was clear and he use common language and terms that you and I can understand.  I was very lucky to find help from Adam and Eric.  I would recommend them to anybody who needs legal help. 

I won my case and the charges were so minimal.  Thank you kindly to both so much.  I could not ask for more. 

Best Regards,

J.N.

Just spoke to R.M.  He and his wife were sued for $49,000 on a home equity line of credit (HELOC).  We prepared their answer to the complaint against them.  Wells Fargo, not fully prepared to pursue its claim, responded by immediately dismissing the lawsuit.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case. 

We recevied notice that we have beaten Hunt & Henriques and Citibank again.  This case came to us after our client learned that a judgment had been entered against her without proper notice.  We got the judgment vacated (reversed) and defended the lawsuit. Hunt & Henriques (the lawyers representing Citibank) just sent us a copy of their "Request for Dismissal, which is the form used to inform the court that they give up.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We just learned that Pinnacle Credit Services (represented by Brachfeld Law Group) has dismissed its lawsuit against our client, J.N.  The history of this case is interesting.  Pinnacle/Brachfeld obtained a default judgment against J.N. by not giving her proper notice of the lawsuit.  Then they levied over $8,000 from her bank account.  We filed a motion to vacate the judgment and won. Pinnacle returned the money to J.N. Then we defended the underlying lawsuit, which they just gave up on.  They dismissed the case with prejudice and can never go after her for this debt again. She may even be able to get the debt removed from her credit report due to the legal doctrine of retraxit.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Hello Adam and Chris -
I just wanted to thank you for your excellent legal help and personal support during my litigation process.  Being involved in litigation is a very stressful time.  It is a great comfort to know that you've got experienced and caring professionals to assist and guide you in the process.  The legal team at The Fullman Firm has been outstanding in their professional expertise and availability for questions and concerns. 
All the best!
P.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

When I received notice in the mail from Midland funding I was being sued for more than $18,000 from a previously charged off credit card I did not know which way to turn. I briefly considered trying to settle the debt on my own, but due to the large amount of the debt, I knew I would probably do much better with professional guidance. I was right. The Midland funding group were very difficult to negotiate with, and did not want to settle at all. If it were not for the persistence of Adam Fullman and his associate Christopher Peters, I would be paying the whole amount, or nearly the whole amount. They understood my needs and kept fighting for me, and kept me informed throughout the process. They also gave me realistic expectations. After the last hearing Christopher called to tell me we had won and I actually owed nothing!!! Our persistence had paid off!! I appreciate their time, effort, keeping me involved without unrealistic expectations. The result being better than expected, I suspect, is a testimony to how truly excellent they really are.  

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

In the past month we have logged three more wins against debt collection attorneys (two DIY and one Full Service).  Our clients paid the Debt Collectors ZERO!  In one case we are going after the Debt Collector for the small amount of attorney fees our client paid us, so our client could end up completely even.  

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We are happy and proud to say that, even when our clients don’t get their cases dismissed or dropped, they often are able to obtain substantial “victories” by getting the debts against them significantly reduced.

MT was a client of ours in our “DIY” (Do It Yourself) Program, in which we assist a client in defense of a lawsuit. In the DIY Program, we prepare our clients’ documents, coach them with regard to attending court hearings, recommend discovery procedures that can improve their leverage against the plaintiffs, and all at a much reduced expense compared to the cost of hiring a law firm to handle one’s case.

In MT’s case, FIA Card Services was suing him for almost $11,000.00. We assisted him through answering the complaint, discovery, court hearings, and trial preparation. All of this cost MT just a bit over $1,000.00. However, because he was putting on such a strong defense in his case, the plaintiff apparently decided that it wasn’t going to be worth it to go to trial and made a low offer of just $3,000.00 to settle the case, which MT happily accepted. The end result was that for a total cost of a little over $4,000.00 MT was able to settle the $11,000.00 case against him, including having related negative reporting against him on his credit record removed. So MT saved almost $7,000.00 and ended up with a clean credit record with regard to this account.

MT wrote to us and said: “Hi Adam, I just received the all important call from Chris telling me that Zwicker accepted the settlement for $3000.00. WOW I couldn't believe it was going to be that low! Chris told me to send you guys a copy of the Joint trial readiness report that I received about an hour and a half prior to him calling me giving me the great news. I just wanted to say that it has been a pleasure having you and your team on my side through out all of this. It is apparent that you work with professionals and I could not be happier that I chose your firm to handle my case. I will definitely recommend you to all that seek out help in this arena. Hek, you may hear from me again sometime in the future for some more business, please let me know what I owe you for the remainder of my bill so that I can get you taken care of.  Thanks again everybody”

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Another couple of matters that we’ve successfully resolved in the last couple weeks demonstrate how we are sometimes able to improve a client’s credit record by getting negative items removed.

In one case, the creditor agreed to accept payment of the debt in exchange for removing the negative item from the client’s credit record. This is a practice referred to as “payment for deletion.” Creditors aren’t always open to doing this, but there is often no harm in asking.

In another case, the creditor was improperly reporting a debt on a client’s credit record even though the alleged debt was over seven years old (Section 605 of the Fair Credit Reporting Act generally prohibits reporting debts over seven years old). The creditor was able to do this by using a false date when reporting to the credit bureaus.  Our client had disputed the false date with the credit bureaus without success. We sent the creditor a rather stern letter advising that our next step would be litigation.  They quickly complied, rather than face a lawsuit for violating the FCRA.

The important thing is that in both cases we were able to help clean up the clients’ credit records, even though the underlying debts may have been legitimate at some point. So just because you may have some negatives on your record don’t necessarily assume that there’s nothing that can be done about it. Find out how we may be able to assist you with your own credit record by giving us a call and talking to one of our attorneys.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We recently had a couple of cases in which the creditors had obtained judgments against our clients without properly serving them with the Summons (that means the creditors did not give them proper notice of the lawsuits), and we were able to get the judgments vacated and set aside.

In the first case, client JW was not aware that a lawsuit had been filed against her and a judgment obtained until she was informed by her mortgage banker that there was a judgment on her credit record. We discovered that the creditor’s process server claimed to have served the summons and complaint to her in 2006 at her previous home, which in fact she had sold and moved away from two years previously in 2004. Faced with the facts, the creditor’s lawyers agreed to sign a stipulation to have the judgment vacated and set aside, and the judgment was removed from the client’s records.

In the second case, client JN had no idea that she had a judgment against her until the creditor’s collection agency snatched over $8,000.00 from her bank account. In that case, the creditor had the client’s address for service correct, but the process server had falsely claimed to have served the client’s “co-tenant” when she in fact had no such co-tenant, and the papers had never been properly served to her. The judge agreed that the judgment had been obtained improperly, and not only ordered the judgment to be set aside and vacated but also ordered the creditor to pay back the $8,000.00+ taken from the client’s bank account.

In both these cases, getting the judgments vacated does not guarantee victory later. But at least now these clients will be able to make proper defenses, and may even triumph in their cases.  At minimum, they are in a much better bargaining position during settlement negotiations. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Client calls me and says "I don't know why AMEX is suing me. I have been paying as much as I can to all my creditors, sometimes only $25 per month, but I am acting in good faith." This client was doing exactly the wrong thing. A partial payment to a creditor is considered the same as no payment at all. If you cannot afford to pay your minimums, or if you believe that paying minimums will never allow you to pay off your debs, it is better to skip payments to all but one and concentrate on paying off that one account fast (in two or three payments max). You'll take a hit on your credit, but remember, the partial payments are being reported to the credit bureaus as NO payments, so you might as well use your limited resources effectively. You can also stop all payments and save up money for a lump sum offer at a discount. Creditors usually do not agree to discounts until the account is seriously delinquent. I am not recommending you stiff your creditors; I am recommending you act wisely in your circumstances.

According to the Brachfeld Law Group, EK owed a large sum of money.  They claimed to have given her notice of their lawsuit against her by delivering the Summons to her home and then they claimed that she never bothered to answer the lawsuit.  Based on this, they got a default judgment from the court, and their collection department filed papers to garnish EK's wages.

The truth was that EK had moved away from the Orange County address where Brachfeld’s process server claimed to have served her and had been living in San Diego for almost an entire year before the supposed “service.”

Even worse, she had never had any financial relationship with the plaintiff in the case and never owed them a dime. She was just another innocent victim of sloppy collection agency paperwork and a falsified proof of service.

So she called the Fullman Firm.

We promptly filed a motion to have the judgment vacated, based on the false proof of service. Brachfeld didn’t resist for long, and they quickly signed a stipulation to have the judgment vacated. Another win for the good guys!

About ten years ago, AK incurred a debt of about $6,500.00 to a Credit Union. He subsequently defaulted on the debt, and the Credit Union farmed the collection of the debt out to a collection agency (“Agency”).

Early last year, Agency contacted AK and offered to settle the debt for $3,500.00, a bit over 50% of the original debt. AK agreed, paid the money, and was provided a letter by Agency stating that the debt to the Credit Union had been paid “in full” and that Agency would remove all derogatories from AK’s credit record.

Unfortunately, this wasn’t the happy ending that AK had hoped for.

Several months later, a law firm (“Collection Lawyers”) employed by the Credit Union suddenly grabbed over $16,000.00 from AK’s bank account using a bank levy.

We found out later that what happened was that the Credit Union, not long after assigning collection of the debt to Agency, had also employed Collection Lawyers to file a lawsuit against AK without informing Agency. Collection Lawyers got a default judgment against AK, who never had any idea he was being sued. Over the years, they kept piling interest and attorney’s fees onto the judgment until it exceeded $16,000.00, which was when they grabbed AK’s bank account.

AK tried to resolve the problem on his own, explaining over and over to Collection Lawyers that he had already settled the debt with Agency in good faith, but it finally dawned on him that Collection Lawyers were just stalling and were never going to deal with him fairly.

That’s when he called the Fullman Firm.

We promptly filed a motion to recall and quash the Writ of Execution that the Collection Lawyers had used to do their bank levy, and restore AK’s $16,000.00+ to him. They put up a fight, of course, and we had to subpoena the head of Agency to testify that Agency was employed by Credit Union to collect and settle debts, and that they had been acting in good faith when they settled with AK (as they were unaware of the judgment obtained against AK).

The judge agreed with us that AK had settled the debt in good faith and from that point on Credit Union was barred from doing further collection on the debt, and he ordered Credit Union to return the over $16,000.00 that they had taken from AK’s bank account. Another win for the good guys! 

Two more victories for our clients this week. We're up to 60% win ratio over debt collectors. The rest of our debt collection lawsuit clients usually end up paying an affordable settlement. If you know someone getting sued by a debt collector, send them our way.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Our client made arrangements for settlement of a Bank of America account.  After he made two of the three scheduled payments, FIA Card Services repudiated the agreement and sued for the full balance.  We defended the suit by FIA, cross-complained back against FIA and its lawyers.  Result: original settlement honored and FIA pays a settlement to our client. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Our Client, J.N., learned that her bank accopunt had been emptied of $8,762.62 by Pinnacle Credit Services and Brachfeld Law Group. Pinnacle had obtained a judgment against J.N. without giving her proper notice. We got the judgment set aside and the judge ordered the money returned to J.N.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.  

Our Client J.D., prevailed against LVNV on a shoestring Budget.  LVNV simply dismissed its lawsuit in response to a simple answer to its complaint and a few discovery requests.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Palisades Collection, LLC obtained a default judgment agaist our client, RH.  RH called us and explained that she had never been given notice of the lawsuit.  We got the default judgment set aside and defended the lawsuit.  The lawsuit was dismissed this month and RH paid nothing to the other side.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

The Fullman firm is highly recommended via my personal experience. While in escrow with a home, I found a judgement on my credit report. Unfortunately, this did lead to me loosing that particular home. A process had to be completed with this Judgement to remove it before a loan would be granted. That process took many months, and now I do own a different home. All parties of this firm are pleasant, professional and efficient. If you have any sort of issue such as I had or anything else they can help you with, please retain their services. You will be pleased that you did! Robin.....San Jose, Ca

I just received a call from a man who says he hired Covenant Debt Solutions to settle only two accounts. He says over a year later he’s paid nearly over $3,000 in fees, no accounts have been settled, and he’s been sued by one of the two creditors. Moreover, he says the representative he spoke to at Covenant told him he did not have to respond to the lawsuit until the first hearing (not true) and now he has a judgment against him. STOP HIRING THESE COMPANIES, PEOPLE! Radio and TV advertising does not automatically mean they are competent or honest!  

Amex backed down when challenged in court and dismissed its collection suit against our client, J.D., as our trial date approached. J.D.'s legal fees were less than $700. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Although our firm now concentrates mostly on credit issues, we are experienced many types of litigation, including personal injury. I worked exclusively for insurance companies for years before embracing the light side of the force.  We still accept clients whose personal injury claims require our skills.  MG was injured in a rear end accident in 2008.  The insurance company for the at-fault driver refused to offer MG any more than $15,000.  The insurance company continued its uncooperative ways until we brought the matter to the very eve of trial.  After we prepared our case for trial, the insurer finally balked and asked for a mediation (a sort of settlement meeting). We told the insurance lawyer that we were tired of wasting our time with low-ball offers and preferred to just win an award at trial, but he practically begged us to meet and offered to pay all fees for the mediator.  We are happy to announce that the case just settled for $100,000.  MG is happy;he just called to thank us again.  You're welcome MG.  Buy that beautiful daughter of yours something nice.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

When K. came to us, the Brachfeld Law Group (debt collection lawyers) had already obtained a default judgment against him. He was exposed to levying of his bank accounts and, because he had already “lost” by not defending himself in court, he had no leverage in settlement negotiations. We wrote his motion to vacate the judgment for him (he had not been given proper notice of the lawsuit) and assisted him in defending the suit. The judgment was vacated (removed) and we just received an email from him informing us that he has worked out a settlement of the debt. K. is happy, so we are too.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

When PK came to us about some financial issues last year, we were happy to help. Then, after a few months of our negotiating with her creditors, she mentioned that her financial challenges would be mitigated if only her private disability insurance would pay her the benefits she was owed. We were pleased to inform her of the extensive insurance claims experience our firm has. PK sent us her claim file for review. After one detailed letter and three phone calls the insurer increased its offer from $8,000 to $19,500.   Moreover, we handled the whole matter for approximately $1,500, about 10 percent of the increase we obtained for her.  

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Two more victories for our self help troops!  After pushing to the eve of trial in one case, and just after initial demands for documentation in another, two Do-It-Yourself clients obtained dismissals in the actions against them.  Good job guys!  It was our pleasure to be at your side through it all. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

Surprised and fatigued by consumers who actually defended themselves (with our help), both FIA Card Services and Midland Credit Management gave up and dismissed their actions against two of our Do It Yourself clients. 

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

We are happy to share this letter from one of our victorious DIY clients. When the documents we drafted for him showed Capital One that it could not win, it dismissed the case against him. O.D. gave us permission to use his full name. Thanks, O.D., we'll continue to honor your privacy, but we appreciate the email. Oh, and thanks for the bottles of wine!

Hello Adam,

Just a quick note to thank you and your team at the Fullman Firm for your relentless commitment/dedication towards resolving the lawsuit Capital One brought against me.

Your team has shown nothing but the highest level of professionalism from the moment I nervously requested your legal assistance, through the court document filing process and preparing/coaching me for the actual court date which, thanks to you and your team, never materialized.

Words cannot express my sincere appreciation to you and your team. I would highly recommend your legal services to anyone facing a similar lawsuit.

"Two thumbs up and a high five" from a very satisfied and grateful client!

Sincerely,

O.D.

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.

A woman called me yesterday for a consultation because a debt settlement “program” company (I call them DSCs) had overdrawn her bank account. This nice lady had no assets, bad credit, and poverty level income.

However, the DSC had told her that bankruptcy was not the right option for her. Instead, they convinced her to start making automatic $425 per month payments toward a “settlement fund” and to pay the DSC three installments of $425 so they could start negotiating payments on her debts (these companies set up automatic withdrawals for these payments for their own benefit, not the consumer’s convenience). She called the DSC at the end of January to stop the February automatic withdrawal from her account because she had no money to cover it. However, she was told “oh, I’m sorry, you only gave us 6 days notice and we can’t stop the payment. She also tried to stop the March payment, but the DCS took it anyway. When she tried to cancel the service, she was told that, even though the DSC had only written ONE LETTER on her behalf, she still owed all three fee payments of $425. When I told her that when my firm sends a simple introductory letter to a debt collector our clients are only charged $16, she was shocked.

There is a difference between a debt settlement “program” and debt negotiation with The Fullman Firm. Here is how debt settlement “programs” typically work.

Step 1 of a debt settlement “program”: Sign a Long Term Contract which requires you to write a BIG FAT CHECK every month to your "settlement fund". Although the Debt Settlement Program (DSC) may not technically "own" this account, it has access to this account to withdraw funds for its fees.

Step 2 of a debt settlement “program”: Watch as the DSC takes ALL of the first three (3!) payments as part (that’s right, only “part”) of its fees. Meanwhile, three months have passed and you have not gotten any closer to settling your debts.

Step 3 of a debt settlement “program”: Keep making large monthly payments into your "settlement fund". Watch as every month the DSC skims additional fees off of YOUR money while waiting for you to accumulate enough for them to start work (this will take many more months but in the meantime the DSC has taken large fees from you up front and not actually settled any debts).

Step 4 of a debt settlement “program”: After the delays of the first three steps, the DSC (if it is not run by outright thieves) will now begin to contact your creditors and ask if they are willing to settle. The DSC is usually not run by real lawyers, there is no analysis of your situation under any consumer protection laws, and no action can be taken other than “begging” for a deal.

Step 5 of a debt settlement “program”: Finally (again, if the DSC is not run by outright thieves) some of your debts may be settled, and some of the deals may be good ones.

Step 6 of a debt settlement “program”: Some of your creditors will not offer good deals, and after many months of not getting paid, some of them will threaten a lawsuit. The DSC can’t address these threats with any real authority, because it usually is not a real law firm, so you are left on your own. In the meantime, any “installment” settlement agreements made by the DSC, will simply extend the statute of limitations and give the creditors more time to sue you in the future.

Step 7 of a debt settlement “program”: One or more creditors may actually sue you but, again, the DSC can’t or won’t defend you.

At The Fullman Firm, we negotiate with creditors on your behalf while applying decades of real courtroom experience to analyze your situation and look for any advantage over the creditors, including possible violations of consumer protection laws. You only pay us when we are actually working and we do not skim fees from your settlement funds. In fact, you hold onto your own money until we work a deal you agree to. Save your own money until you have enough for a discounted lump sum settlement that can wipe out the debt all at once. If a creditor does try to pursue legal action against you, you can ask us to defend you, which we can do as trial lawyers. Finally, if you decide to pursue the protection of the bankruptcy courts, we can assist you with that as well. We know bankruptcy is not your first option, but it is one of many options, and the point here is we can give you options that a DSC cannot.

Learn more at: http://www.fullmanfirm.com/our-services/debt-settlement/.

After you discharge a debt in chapter 7 bankruptcy, not only do you not owe the debt, but it is illegal for a creditor to continue to pursue the debt or to sell it to a debt collector. Reporting the debt on your credit report is a violation of the Fair Credit Reporting Act, and contacting you in pursuit of the debt is a violation of California’s Rosenthal Fair Debt Collection Practices Act. If you believe that a debt you have discharged in bankruptcy is being illegally pursued, contact a lawyer to learn more about your rights.

We have all seen it on television or in the casino. A high stakes game of poker in which one of the players confidently bets a huge sum of money, striking fear into the hearts of the other competitors. These bets usually result in the other players folding their hands in order to avoid the risk. Yet sometimes there will be one player who will believe that the bettor does not have as good a hand as he would have the others believe. This player may "call" or perhaps even "raise" by betting even more money. Sometimes the first bettor wins, but sometimes he must admit he has been caught "bluffing".

As a result of the Fair Credit Reporting Act and Fair Debt Collections Practices Act work I do, I get several calls per week from people being sued by debt collectors for amounts varying from $5,000 to $100,000. Typically, these collectors have purchased the debt from the original creditor for pennies on the dollar and are looking to obtain a default judgment against the consumer in order to maximize their profit (default judgments are obtained when defendants - consumers- fail to properly defend themselves). 

When consumers retain me to defend them against the claims of the debt collectors, I am consistently amazed at how ill prepared for litigation the debt collectors are. Many of them do not have the evidence to prove their case or fend off an affirmative defense. They are caught "bluffing."

Many of these companies purchase hundreds of debts at a time. They do not review each claim individually. Therefore, if their file is missing important information or documentation, they will often not know about the problem until they are challenged in formal litigation.

Litigation offers the consumer a unique opportunity to "call the bluff". The burden of proof on the creditor is very low when the creditor is merely destroying the consumer's credit rating by way of statements to a credit reporting agency. In litigation the burden on the creditor to affirmatively prove its case is much higher and often it simply cannot meet that burden. Here is an example from a recent case in my office.

My client (let's call him "Bob") was sued by a debt collection agency that claimed to have purchased a debt of $100,000 from a bank. Bob insisted that he had not had any dealing with the bank in for over four years before the lawsuit was filed. Therefore, I answered the complaint on his behalf and asserted a "statute of limitations" defense. I then immediately sent out discovery demands designed to learn whether the opposing party had any proof either of the alleged debt or regarding our defenses. The attorney for the debt collector was forced to admit that the bank had failed to give the debt collector a complete file when it had purchased the debt and that the debt collector could not prove its case. The debt collector agreed to dismiss the case and Bob did not have to pay a single dime to the other side.*

*Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case. This generalized example is for informational purposes only and "Bob" is a composite character made up of several other clients.

One of the things that interested me as I listened to a seminar for debt collections attorneys recently is that the speaker admitted she would personally sue the individual who signed the contract for the business debt even if it was clear that the person was only signing on behalf of the company.  She knows that most people don't defend themselves and she will get a judgment against them even though she should not.  She knows that once she gets the judgment, she can pressure the individual into paying the company's debt by threatening to garnish his wages or attach his bank accounts.  You can stop this from happening to you by calling a lawyer and asking about your rights. 

I’ve been listening to this online seminar in which the speaker is a debt collection attorney in Los Angeles. It’s like listening in on a meeting between Darth Vader and those storm troopers in the red uniforms. At one point she actually laughs as she says “Garnishments! I loooove wage garnishments!”

The whole point of the seminar seems to be how to use the legal system to scare people into paying because they are afraid of exercising their right to defend themselves in court. Do not let them get away with this! Call us or another consumer law firm and get some help!

One of the most important questions our clients ask us is what they will be allowed to keep if they file a Chapter 7 bankruptcy.  The short answer is "suprisingly, quite a lot, and often everything."  We call the assets you are allowed to keep "Exemptions".  California has its own list of Exemptions. Here is a list straight from the California Civil Code.

http://www.fullmanfirm.com/what-i-have-learned/what-can-i-keep-in-ch-7-bk/  

I can’t count how many times I have reviewed a client’s file with the hope that the old debts I saw were beyond the statute of limitations for a collection lawsuit only to learn that my client had “reaffirmed” the debt and restarted the limitations period by making a small payment within the last four years. The client’s story is usually something like this “I don’t understand why they are suing me. I’ve been making small payments, but now they want more.” The problem was that my client confused the debt collector with a human being. My client’s theory was that if he could just convince the collector of his sincerity, the collector would “understand” and give him more time to make more payments.

My client forgot one thing: “THE DEBT COLLECTOR IS NOT YOUR FRIEND – HE IS YOUR ENEMY! Making an installment payment to a debt collector not only restarts the statute of limitations, it gives him your bank account number, making it easier to levy your bank account after he sues you. It’s like hoping the burglar will not break in to your house if you give him the key to your front door! If you don’t have enough cash to pay off the debt then tell the debt collector to go jump in a lake and keeping telling him that until you can make a settlement offer to wipe out the balance (for a discount, of course, no one is paying full value in this economy).

The following is a letter written (with some "ghost writing" by us) by one of our "Do It Yourself" clients who is defending himself in a lawsuit on a credit card debt. Keep in mind all the law referenced is for California only.

The billing statements Capital One has produced show that the statute of limitations on plaintiff’s cause of action began to run on August 1, 2005. The statements show that I failed to make the required minimum payment which was due on August 1, 2005. Instead I only paid $50. I did this again on September 1, 2005. Thereafter, I made no payments whatsoever. The contract plaintiff produced states under “Default” that we [plaintiff] may, in our sole discretion, declare a default under this agreement if (a) we do not receive the full amount of any minimum payment on or before the date it is due.” In the current case plaintiff assessed both a late payment fee and an over limit fee each time when I failed to pay the minimum amount due on August 1, 2005 and again on September 1, 2005. Because the contract gave plaintiff the right to declare a default at that time, plaintiff’s cause of action for this lawsuit arose at that time. It does not matter that Plaintiff may not have “declared” the breach. Plaintiff’s own evidence is that I have failed to perform under the contract commencing August 1, 2005 and have continued to fail to perform.

I have discussed this matter with a consumer debt lawyer. He tells me that pursuing this action even though the statute of limitations has expired is a violation of the Rosenthal Act. He is willing to file my cross-complaint against you on a contingency fee basis, but he advises me to first offer to settle this matter with plaintiff in the form of a “walk away agreement” in which plaintiff and I would waive current rights of action against each other with the exchange of no money and each party to pay its own costs and fees. I am willing to discuss this with you. Please respond in writing.

A client (nice lady, very sweet, very upset) calls me and says that she is being harassed by a debt collector (I promise to name them as soon as the case is closed). Her story is common. She had been contacted two years ago by a debt collection company claiming that she owed thousands of dollars for an old debt. Whether or not she owed the money was not important, the company threatened a lawsuit and she had not met me yet so she did not know how to defend herself.

She agreed to a stipulated judgment with the creditor which included monthly payments until the claim was paid off. Now, like any agreement, a stipulated judgment can be a useful tool to resolving a dispute, but in this case (and in many cases in the world of debt collection) it was a lopsided deal reminiscent of Faust. Long story short, the deal contained a harsh term that purportedly allowed the debt collector at any time in the future to simply decide the deal was not good enough and then demand higher payments.

Now, I have read the stipulated judgment and I don’t think such a lopsided deal is even enforceable in court (something called an illusory promise comes into play – ask your nephew the first year law student about it). Unfortunately, my client did not know that. So, when the debt collector called her one year into the deal and demanded an immediate payment of ten times the monthly installment, she gave in. However, six months later the collector called her again and this time a payment of twenty times the monthly payment was demanded. That’s when she called me. The collector is in violation of California’s Rosenthal Fair Debt Collection Practices Act, and as one of my mentors used to say, “we are on them like a bird on a june bug.” This one should be fun.

Federal Law sets the statute of limitations for cell phone bills (the last day you can be sued for the debt) at 2 years. That means, with certain exceptions, any threat of lawsuit by that annoying debt collector over an ancient cell phone bill may be nothing more than smoke and mirrors. There is a disagreement between some judges on how to apply this rule, so ask a lawyer (like me) for more details.

Here is the story of TB, one of our Do It Yourself clients, in her own words. She found us through our sister company, Lexington Law Firm California.

"One day I received a summons at my door, I was being sued! I immediately called Lexington Law as I had no idea what to do, I was in a state of panic, but within minutes I was relieved. The paralegal gave me Adam Fullman’s number and by the end of the day after Adam Fullman and I talked, it was decided I was going to fight this case out with Adam’s help… Adam was very straight forward, gave awesome direction, and stayed with me the entire way and guess what, I WON!!!! After being with Lexington Law for six months they improved my credit score by 70 points. They worked with all 3 credit bureaus and removed numerous accounts off of my credit report from judgments, to late payments, and collection accounts and let’s not forget to mention helping me with yet another judgment trying to be placed on my record. I couldn’t thank Adam Fullman and his team enough for what they did for me and what they taught me about my credit report/score. I was so happy with my results that anytime anyone has issues with their credit score and/or report I always tell them about Lexington Law because they helped me in ways I didn’t think was possible."

TB, Mountain View, CA

Your results may vary. All cases are unique and these results are not an indication of the likelihood of success of your case.