Santa Ana Debtor Protection Attorneys
Providing Debtor Protection to Consumers & Small Businesses across California
Fitzgerald & Campbell, APLC takes seriously its ability to create a WALL between you and unwanted collection activity. Just like how the government can not speak to you if you have a criminal defense lawyer, Federal and State law prohibits creditors and collectors from communicating with you if you have a lawyer. This is one reason we consider ourselves as the “Public Defender of the Civil Law”.
Debtor Protection is a service we offer to consumers and small business who either:
- Can’t pay, or
- Don’t want to pay, or
- Shouldn’t pay, or
- Don’t owe the debt as claimed by the creditor, or
- Are being harassed by a collector.
If you are on a limited fixed income that cannot be attached (such as social security or VA benefits) and you have no other assets, the creditor will not be able to force you to pay. In this situation, we recommend you not pay them. Nor do we recommend that you pay us to file bankruptcy, as there is no need to because there is nothing to protect that is not already protected by law. Creditors can still contact you for payment however and you may need our protection to stop that.
If the debt has passed the statute of limitations (4 years on a written contract in CA), you still “owe” the amount, but the creditor has no ability to force payment from you. Again, in this situation we recommend that you do not resolve it unless for credit rating purposes you want to. Keep in mind that a derogatory entry on your credit report lasts for 7 years. You will want to be certain about when the statute of limitations has expired and our debtor protection services will assist you with this, as well as make sure the creditor knows this as well.
You may not be past the statute of limitations but are close or have just decided to “wait and see” as many creditors do not sue on every account that is unpaid. You will want the creditor to know that you know your rights and that you have legal counsel that will defend you, or even sue the creditor for violating your rights. This has value and many creditors will sell debts (a good thing for consumers) or assign to a collector when a consumer lawyer is involved.
You may not owe the debt at all (or are not sure) in which case you definitely need a lawyer to make your case to the alleged creditor. Creditors do make mistakes. If you owe something, just not what they are saying, we recommend Debt Settlement services as CA has strict laws about how debts must be settled. We always contest amounts claimed and investigate amounts as a part of all our services.
There are many scenarios where our debtor protection services may be good for you. You may have already paid the debt and your payment was not recognized. The same debt may be in collection with multiple collectors at the same time. You may be an authorized signer on an account but are not actually responsible for the debt. The card holder may actually be deceased, but they are coming after you for the balance.
We always review and investigate creditor claims and have successfully disputed debts hundreds of thousands of times. We have also sued for wrongful claims. Get the right lawyer working for you and get these creditors off your back!