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FDCPA CLASS ACTION FILED AGAINST CLARK COUNTY COLLECTION SERVICE

  • Jared Hartman, Esq.
  • Posted on October 22, 2014

 

Clark County Collection Service considers themselves “Debt Recovery Specialists” and their operation is based in Clark County, Nevada. However, their name alone raises concerns about whether they are in compliance with the Federal Fair Debt Collection Practices Act. The FDCPA prohibits the following, among many other items of misconduct, “The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.” 15 U.S.C. § 1692e(10). Because Clark County Collection Service operates out of Clark County, Nevada, and when they call potential debtors they identify themselves as “Clark County Collection”, it is very reasonable that the potential debtor would be misled and tricked into believing they are being contacted by a governmental entity.

Moreover, it appears that Clark County Collection Services has a common practice to fail to send required written notices after contacting potential debtors. Through 15 U.S.C. § 1692g, the FDCPA requires all debt collectors to send required written notices to potential debtors within 5 days of the first contact. Among these required notices are certain consumer protection rights that include the consumer’s right to dispute the alleged debt. Failure to send these required notices is an automatic violation of the FDCPA.

Hartman Law Office, Inc. and Semnar Law Firm, Inc. have teamed up with the law firms of Hyde & Swigart and Kazerouni Law Group, APC to pursue a class action complaint in the U.S. District Court for the Central District of California against Clark County for the above violations, among others. Read the Complaint here.

If you or anyone you know has been contacted by Clark County Collection Service, whether by mail or telephone, please call us for additional information.

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LAW FIRMS FILING LAWSUITS FOR OUTSTANDING DEBTS ARE SUBJECT TO THE FDCPA!

  • Jared Hartman, Esq.
  • Posted on August 4, 2014

 

If you have been sued for an outstanding debt, you MUST contact us immediately for a FREE, CONFIDENTIAL consultation to discuss the circumstances of whether the law firm has violated your rights under the Federal Fair Debt Collection Practices Act and the California Rosenthal Act.

Many people mistakenly believe that, because they are being sued by a law firm, the FDCPA does not protect them for the unfair and oppressive actions taken by the law firm. However, courts all across the country recognize that law firms whose practice primarily engage in the collection of debts on behalf of others—including whose primary practice is to file lawsuits for many of these firms operate like a mill and they do not engage in any meaningful review of the case provided to them by the creditor on whose behalf they are pursuing suit (if they engage in any review at all). Instead, their primary operation is to simply accept the creditor’s claim that the debt is owed, that the particular person being sought after is the right person, the amount sought is proper, and that the lawsuit is not barred by statute of limitations. They will then send a few letters and place a few phone calls to the claimed debtor, and upon receiving no response they will file hundreds of lawsuits in bulk and then seek default judgment on bogus proofs of service. This in turn results in judgment liens being placed upon the unfortunate debtor’s home, bank accounts, or vehicles, and may also result in a garnishment of the unfortunate debtor’s wages directly from his or her paycheck.

Many violations that are committed by these law firm mills include the following:

  1. Threatening to file a lawsuit or seek judgment on a debt that is barred by statute of limitations
  2. Filing a lawsuit that is barred by applicable statute of limitations
  3. Discussing the debt with friends, neighbors, or family of the actual debtor
  4. Seeking default judgment on fraudulent proofs of service when the debtor was not actually served properly
  5. Asking for more money in the lawsuit than what they are entitled to collect
  6. Filing suit in a county other than where the debtor currently resides or where the debt was actually incurred

Most people are misinformed when they believe that such violations by law firms in connection with a lawsuit are not able to prosecuted because of a state law litigation privilege. However, the courts have repeatedly denied such arguments in finding that the Federal Pre-emption Clause prohibits any state law litigation privilege from barring a lawsuit for violations of Federal Laws. Depending on the violation involved, it is also possible that their conduct could give rise to a charge for abuse of process or malicious prosecution and result in punitive damages against them.

The law offices of Semnar Law Firm, Inc. and Hartman Law Office, Inc. have teamed up with the firms of Kazerouni Law Group, APC and Hyde & Swigart to file a federal lawsuit against Mandarich Law Group, LLP and CACH, LLC because the client entered into payment arrangements with Mandarich, then made every monthly payment as agreed, but Mandarich still filed a lawsuit against her, told her not to worry about the lawsuit and advised her she did not have to appear in court, but thereafter sought default judgment against her for the full amount of the debt without crediting any of the payments she had made. This atrocious violation of the client’s rights resulted in a lawsuit for Federal Fair Debt Collection Practices Act and Abuse of Process. The lawsuit can be found under case number 5:14-cv-01496 in the Central District of California.

DO NOT LET THIS HAPPEN TO YOU OR YOUR LOVED ONE. Let us help you stand up for your rights!!!