- Jared Hartman, Esq.
- Posted on September 27, 2017
On September 18, 2017, Judge Frazier entered judgment against La Jolla Neurosurgical Associates in the amount of $19,040.00 as a result of their unlawful debt collection efforts. A copy of the judgment can be found by clicking HERE.
The case arose out of unlawful attempts by the medical provider to attempt to collect upon a medical debt that is not owed by the patient. California state laws regarding worker’s compensation mandate that no medical debt can be collected from the patient directly if the medical services were a result of an injury that is under the exclusive jurisdiction of the worker’s compensation board.
Unfortunately, La Jolla Neurosurgical Associates began attempting to collect the medical debt from the patient directly, in direct contravention of California’s mandatory laws. The patient’s worker’s compensation attorney even delivered a letter to them instructing them to cease any attempts to collect from the patient directly, and provided them clear instructions on how they could collect the debt through the worker’s compensation process.
However, they refused to abide by the clear instructions and persisted in their efforts to collect from the patient directly. In their collection letters, they used ominous language that clearly misrepresented the legal status of the debt by sternly warning the patient that he personally owed the debt.
By not only misrepresenting the legal status of the debt, but also by persisting in their efforts to contact the patient directly despite having been put on written notice that the patient is represented by an attorney, La Jolla Neurosurgical therefore violated several provisions of the California Rosenthal Fair Debt Collection Practices Act. A copy of the Complaint can be found by clicking HERE.
If you or a loved one are being subjected to debt collection efforts that you feel are unfair or unlawful, please do not hesitate to contact us for a free and confidential consultation to discuss your rights and whether you may have a case for formal litigation.
- Jared Hartman, Esq.
- Posted on November 14, 2015
Semnar & Hartman, LLP have recently filed a lawsuit against a debt collector out of the McCarron, Nevada called First National Collection Bureau, Inc. for threatening an improper lawsuit against a consumer whose debt had been discharged in Chapter 7 Bankruptcy in 2006. The FDCPA prohibits a debt collector from misrepresenting the legal status of a debt and also prohibits a debt collector from threatening to take an action that cannot be legally taken. Because the credit card debt had been discharged in Bankruptcy in 2006, the debt had been completely extinguished and any legal ability for the client to be sued on the debt has also been expired by the statute of limitations due to the age of the default on the debt. When First National sent its collection letter repeatedly claiming to be offering to settle the debt and the settlement offer would be revoked if it were not accepted on their terms, then First National implicitly threatened to the client that she could be sued on the debt. Moreover, due to the Bankruptcy discharge, the debt no longer exists anyway. Consequently, a lawsuit has been recently filed against First National to remedy this abusive conduct. A copy of this lawsuit can be read by clicking HERE.
If you or a loved one have been contacted by this debt collector, please contact us immediately for a free and confidential consultation to review your rights.
- Jared Hartman, Esq.
- Posted on September 21, 2015
The law firm of Semnar & Hartman LLP has recently filed a lawsuit against these companies for some very egregious violations of the Rosenthal Act and the Federal FDCPA. The client was being contacted on a very old credit card debt that is barred from judgment by statute of limitations. When a debt collector is prohibited from obtaining a judgment by the applicable statute of limitations, the FDCPA requires that the collector not threaten a lawsuit, file a lawsuit, and in many instances cannot even imply that a lawsuit is possible or being considered. The reason is because the debtor is not likely to know that the statute of limitations has expired, and is therefore likely to be misled into paying the debt out of duress just to avoid a lawsuit that in actuality could never have been sought.
The offending companies in this case left multiple voicemails on the cell phone for his client, his mother, and his mother in law claiming that a lawsuit was being filed and process servers were looking for the client. However, all of this was false. A lawsuit had never been filed against the client, and due to the statute of limitations expiring the companies violated the Rosenthal Act and the FDCPA by even claiming one was being considered.
Additionally, the offending companies left voicemails for the client, his mother, and mother in law threatening that the lawsuit involved allegations of fraud and theft of services. Again, these threats were false and violated the Rosenthal Act and FDCPA. A breach of an agreement to pay a credit card (or any other loan) is not a criminal action unless it can be proven beyond a reasonable doubt that the debtor entered into the loan without any intention of ever paying it back. Simply failing to pay the debt is not a criminal action and a debt collector claiming it is a criminal action has violated the law.
A copy of this Complaint can be read by clicking HERE.
If you or a loved one have been subjected to similar such violations, do not take them lightly. Consumer rights are in play to protect the gullible and to prevent debt collectors and creditors from taking unfair advantage of the consumer. Please do not hesitate to contact us for a free and confidential consultation.
- Jared Hartman, Esq.
- Posted on August 24, 2015
The law firm of Semnar & Hartman, LLP are presently investigating possible consumer rights violations being committed by RoundPoint Mortgage Servicing Corporation in connection with its efforts to collect monthly mortgage payments from California home owners. Such possible violations may include the following:
- Force-placing into Escrow amounts for anticipated taxes in the future even though the homeowner has a waiver of such items to be paid through Escrow;
- Failing to send monthly collection statements informing the homeowner of exactly how much RoundPoint is collecting from the homeowner;
- Sending monthly collection statements that indicate RoundPoint is collecting Escrow items for “taxes and insurance” when in reality they are only attempting to collect either taxes or insurance, but not both;
- Furnishing inaccurate information to the consumer credit reporting agencies by claiming a homeowner is in default on the mortgage payments when in reality the homeowner has always paid his or her monthly obligation;
- Threatening foreclosure if the homeowner does not call to make payment arrangements for amounts that the homeowner does not actually owe.
If you or a loved one have a home mortgage loan being serviced by RoundPoint, please do not hesitate to call us for a free and confidential consultation to discuss your rights as a homeowner and whether those rights may have been violated.
- Jared Hartman, Esq.
- Posted on May 2nd, 2015
Have you or a loved on been subjected to debt collection efforts by Nationstar Mortgage, LLC upon a mortgage debt that is not owed? The firm of Semnar & Hartman, LLP has recently filed suit against Nationstar Mortgage, LLC and Bank of America, N.A. alleging that Bank of America retained the services of Nationstar Mortgage, LLC to collect upon a defaulted mortgage that was settled by way of short-sale. After foreclosure proceedings had been initiated, but before foreclosure occurred, the consumers completed a short-sale of the home. Bank of America signed documents that specifically states the outstanding debt had been settled and that the consumers were released from any further obligation for owing the difference.
Unfortunately, however, approximately one year after the short-sale was completed, Nationstar Mortgage, LLC began sending letters to the consumers attempting to collect upon the amount that had been forgiven. The consumers informed Nationstar that the debt had been settled by way of short-sale, and Nationstar simply told them to ignore the letters. However, Nationstar continued to send collection letters and even began to threaten foreclosure upon the same home that the consumers had already sold. Even worse for the consumers, Nationstar had also began reporting upon their credit reports the false information that they were still in default on the loan and the loan had been charged off as a bad debt. This false reporting led to the consumers being denied new lines of credit and has prevented them from moving on with their lives after such a difficult period. The Complaint has been filed in the Central District of California and can be viewed by clicking here.
If you or a loved one is being harassed by Nationstar for a debt that is not owed, or if being harassed even upon a debt that is legitimately owed, please do not hesitate to contact us for a free and confidential consultation as to whether your rights have been violated.