Creditor Representation

The firm represents banks, credit unions, original creditors, debt buyers, and commercial creditors in collection actions across the country. Our creditor-side work includes:

  • Pre-suit demand and settlement negotiation
  • Filing complaints on credit card, installment loan, auto deficiency, and commercial accounts
  • Prove-up packages and assignment chain documentation under applicable state and federal evidentiary rules
  • Motions for summary judgment and bench trials
  • Defense of cross-complaints and counterclaims under the FDCPA and state fair debt collection statutes

Consumer Defense

We defend consumers who have been sued on alleged credit card, medical, auto deficiency, and old portfolio debt. Many of the cases we see are filed by debt buyers who cannot prove the chain of assignment, the original account balance, or compliance with applicable debt-buyer disclosure requirements. Our defense work includes:

  • Answers, affirmative defenses, and cross-complaints
  • Motions to vacate default judgments
  • Statute of limitations and standing challenges
  • Discovery directed at the plaintiff's ability to authenticate account documents
  • Trial of contested matters and negotiated settlements

FDCPA & State Fair Debt Collection Statutes

The federal Fair Debt Collection Practices Act and state-law analogues — including California's Rosenthal Act, New York's article 29-H, and similar statutes in other jurisdictions — give consumers a private right of action against collectors that violate the statutes' substantive requirements. The firm prosecutes affirmative claims on behalf of consumers and defends creditors and collection agencies against such claims in state and federal court.

Post-Judgment Recovery

A judgment is only the beginning of recovery. We assist judgment creditors with wage garnishments, bank levies, third-party debtor examinations, real-property judgment liens, keeper levies, sister-state judgment domestication, and judgment renewal proceedings to preserve enforceability under the law of the rendering jurisdiction.

Commercial Collections

Business-to-business collection matters require a different posture than consumer collection. We pursue breach of contract, open book account, account stated, and guaranty claims for businesses and creditors throughout the United States, and routinely handle pre-litigation negotiation and workouts.

Portfolio & Compliance Counseling

The firm advises debt buyers, original creditors, and licensed collection agencies on state licensing requirements, the federal FDCPA, Regulation F, and applicable state fair debt collection statutes. We review collection letters, telephone scripts, validation notices, and consumer-facing portals for compliance.

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