LVNV Funding LLC is a very large debt buyer and collection agency. If you see LVNV Funding on your credit report, read on to learn more about this company.

You Might Owe LVNV Funding Money

Never heard of LVNV Funding? Confused because you have never taken out a loan from LVNV Funding? That does not mean that you do not legally owe them money.

Debt collectors such as LVNV Funding buy up bad debt from other creditors. Once LVNV buys that debt, they can legally collect it from you. This is despite the fact that you don’t have any formal relationship with the company.

Don’t Assume That You are Legally Required to Pay LVNV Funding

Some debt collectors purchase accounts that are too old to legally collect. These debts are past the “statute of limitations.”

However, a debt collector can still legally ask that you voluntarily pay an old debt. The statute of limitations just prevents the collector from legally enforcing the debt in court.

Some people make the mistake of voluntarily paying a time-barred debt. This is a bad idea! Never pay a debt that the creditor cannot legally enforce.

Sued by LVNV Funding? Don’t Panic!

Sometimes debt collectors such as LVNV Funding will file a lawsuit. They are seeking to enforce their debt against the debtor. Ultimately, LVNV Funding wants to obtain a judgment.

With a judgment, LVNF Funding can garnish wages, record liens against property, and levy bank accounts.

Some people panic once LVNV files a lawsuit. Don’t do that! Hiring a lawyer to fight LVNV Funding in court can help prevent judgments, garnishments, and foreclosures. Bankruptcy might also be a good option.

Don’t delay any longer. If LVNV Funding is suing you or already has a judgment, please call my office at (916) 333-2222 to discuss your options. 

Has Kelkris Associates filed a lawsuit against you? You are not alone. Kelkris Associates is a very large debt collector in Fairfield, California. Keep reading to learn more about this debt collector.

What is a Debt Collector?

A debt collector is a business that uses the legal system to collect old debts.

In some cases, the debt collector acts on behalf of the original creditor.

In other cases, the debt collector purchased the debt from another creditor. That means that the collector owns the account. They also have the right to take any action on the account. Because the account usually is old and difficult to collect, the debt collector will only pay pennies on the dollar to acquire the account.

Who is Kelkris Associates?

Kelkris Associates is a prolific filer of lawsuits all over Northern California. This debt collector buys up delinquent accounts and files lawsuit against the borrowers.

In the vast majority of cases, the borrower never shows up to defend the lawsuit. These cases end in a “default judgment” against the borrower. The debt collector can then garnish wages, levy bank accounts, and even put liens on houses.

What to do if You are Sued by Kelkris Associates

In many cases, a defendant does not find out about a Kelkris Associates lawsuit until well after it is over. This is because Kelkris Associates does not always personally serve the defendant with legal papers. While the courts will allow this under certain circumstances, it is nonetheless a bad business practice.

You should immediately contact an attorney if you have been sued by Kelkris Associates. This is true too if you recently found out about an old lawsuit. Time is of the essence, and even a small delay may result in serious consequences.

Consumer attorneys have many tools at their disposal to beat debt collectors in court. But timing is very important. Don’t delay!

I help clients with substantial student loan debt all of the time. Of course, there is nothing wrong with student loans. Financing a reasonably priced good education is a smart life decision. However, what happens when a person defaults on their student loans? And who is the National College Student Loan Trust? Read on to learn more.

Student Loan Debt Default

If a borrower stops paying for their student loans, it is said that the borrower “defaults” on the debt. When a borrower defaults on a debt, the creditor can take legal action against the borrower.

In some cases, a student loan creditor can intercept tax refunds. Or in other cases, the lender will file a lawsuit agains the borrower in state court. If the lender obtains a judgment in court, the lender can garnish wages, place liens on property, and even levy money directly out of bank accounts. This is all true for student loan accounts.

However, as the New York Times recently pointed out, not all student loan debt lawsuits are valid.

Who is the National College Student Loan Trust?

The National College Student Loan Trust is one of the largest owners of student loan debts in the country. Most borrowers have never heard of them before until they run into trouble with their student loans.

As the true owner of the debt, the National College Student Loan Trust should be the party with the authority to actually file a lawsuit against the borrower. The New York Times pointed out that the National College Student Loan Trust has run into significant trouble proving that they actually own some student loan debt.

This gives borrowers an opportunity to contest these student loan lawsuits. Only the true owner of the debt has the ability to file a lawsuit against a borrower. If the plaintiff in a lawsuit cannot establish their ownership interest over the account, they cannot win the lawsuit. That is, if the borrower fights back in court.

What to do if you are sued by the National College Student Loan Trust

If you are sued by the National College Student Loan Trust, don’t panic. As discussed above, you may have some valid defenses against the lawsuit. However, it is important that you take action fast. Most borrowers do not even appear in court in these lawsuits. This means that the lender can win the case automatically.

You should contact a lawyer immediately if you are served with a debt lawsuit. If you wait too long, you will forever lose your right to defend yourself in court.

Credit Bureau Associates is a prolific filer of lawsuits all over California. The company is a debt collector located in Fairfield. Read on to learn more about these lawsuits.

Debt Collectors Can File Lawsuits Against Defaulted Debts

A debtor collector is someone that tries to enforce a defaulted debt. A debt collector might be working on behalf of the original creditor. But a debt collector might have also purchased the debt (usually at a discount). In that case, the debtor collector is said to “hold” the debt for themselves.

A debt collector can collect the full value of an account even if the collector purchased it at a discount. In fact, a collector stands in the shoes of the original creditor. A debt collector has all of the same rights as the original creditor.

Credit Bureau Associates Often Sues

Not everyone voluntarily repays debts that they owe. This is especially true when a debt collector is invovled. In those situations, collectors can file lawsuits to try to recover the debt.

Credit Bureau Associates files lawsuits all over California. In fact, Credit Bureau Associates have sued many of my bankruptcy clients. Often times they are pursuing very old accounts. These cases can force people into bankruptcy. Aggressive collection tactics can have a ruinous effect on a person’s livelihood.

You Must Take Immediate Action If You Are Sued

Do not ignore notice of a lawsuit! California law requires a plaintiff to serve legal paperwork on a defendant in a lawsuit. This is to make sure that a defendant has actual notice of the lawsuit.

However, plaintiffs don’t always ensure that defendants receive adequate notice of a lawsuit. Sometimes plaintiffs will mail documents to the debtor’s last known address. Occasionally, a person facing a lawsuit will receive solicitations from other attorneys.

In any event, a defendant facing a lawsuit needs to take immediate acting. Failing to act will result in a judgment, wage garnishments, and bank levies.

Has Credit Bureau Associates sued you? Don’t delay! You have options. Call my office at (916) 333-2222 to set up a consultation. 

Wells Fargo is one the largest banks in America. Because of their size, Wells Fargo is also one of the largest consumer lenders around. What happens when a consumer stops making payments on a Fargo debt? Read on to find out more.

Debt Defaults

When a person stops paying a debt, we say that they have “defaulted” on the account. Therefore, a debt default triggers several consequences.

First, a lender will usually impose late payment fees and penalty interest rates. Second, a lender might cut off access to additional credit. Moreover, a lender can reduce the available credit or altogether close the account

Another interest consequences is that other lenders might see the default and impose their own restrictions on other accounts.

A lender will typically try to collect their own account, and if unsuccessful, refer it to outside collection firms.

Wells Fargo Lawsuits

What happens to a borrower that does not pay Wells Fargo? After a certain amount of collection attempts, Wells Fargo will refer a defaulted account to a law firm for litigation.

This means that Wells Fargo will sue its own customers over defaulted accounts. In some cases, I have seen that Wells Fargo sues under their own name. Other times, Wells Fargo will sell the debt to a third party for collection.

In either case, a Wells Fargo lawsuit is a big deal. Many people ignore these lawsuits and then are surprised later on when Wells Fargo garnishes their wages or takes money directly from their bank accounts. However, there are options.

What to do if You Are Sued by a Bank or Credit Card Lender

My first recommendation is simple: don’t ignore the lawsuit! Plenty of folks don’t take prompt action after learning of a bank lawsuit. This is a huge mistake.

In the California Superior Court, a defendant has just 30 days to formally respond to lawsuit papers after being served. If the defendant does not respond in that time frame, the plaintiff automatically wins the case.

In fact, I would estimate that a vast majority, maybe 95% or more of bank lawsuits end in default judgements. A “default judgement” is where the defendant did not bother to defend the lawsuit.

A defendant in a credit card lawsuit should immediately contact an attorney for help. In fact, Options include defending the lawsuit, negotiating a settlement, or even bankruptcy.

Is a bank or lender suing you over a defaulted debt? Call my office at (916) 333-2222 today to discuss your options. Do not delay!

Sacramento Bankruptcy Lawyer Rick MorinNot everybody knows that a significant amount of litigation occurs in the bankruptcy courts in Sacramento. I represent both debtors and creditors in these “adversary proceedings.” Have you been sued by Sheri Carello? Below is some important information for you to consider.

Why am I Being Sued by Sheri Carello?

Sheri Carello is a Chapter 7 bankruptcy trustee in Sacramento. The bankruptcy court assigns her to oversee Chapter 7 cases on a random basis.

Ms. Carello represents the interests of the creditors in bankruptcy cases. She can take legal action against individuals and entities when she believes that she can recover money or property for the benefit of creditors in a bankruptcy.

While it might appear that Ms. Carello is suing you under her own name, she actually is suing on behalf of the bankruptcy estate to which she has been assigned. If you are sued by Ms. Carello, it is important to note that it is not personal. She is just doing her job and following the bankruptcy rules and laws to maximize the recovery for the creditors.

You Have Limited Time to Respond to the Complaint

An adversary proceeding in the bankruptcy court is started by the filing of a formal complaint. The complaint will be assigned its own independent case number. But the case will be attached to the underlying bankruptcy proceeding.

In the Eastern District of California, a defendant in an adversary complaint has just 30 days from the date the summons is issued to respond to the complaint. This is different than most other court procedures. Usually the defendant has a certain amount of time to respond after the complaint is served. In the bankruptcy court, the clock starts ticking once the summons is issued by the court itself.

Bankruptcy procedures are usually more streamlined than procedures in other courts. This is why there is a tighter deadline for a defendant to respond. In any event, don’t miss your 30 day window. Failing to respond to the complaint will mean that the defendant automatically loses the adversary.

Bankruptcy Litigation is Very Similar to District Court Litigation

Some people incorrectly assume that an adversary proceeding in the bankruptcy court isn’t very important. This could not be further from the truth. Both the federal rules of evidence and federal rules of civil procedure apply. In some cases, these rules are modified by the bankruptcy rules. For the most part, any federal litigator will feel right at home in the bankruptcy court.

In most cases, the bankruptcy courts can try matters to a final resolution, issue judgements, and can even sanction parties.

Have you been sued in a Bankruptcy Court adversary proceeding? Call my office at (916) 333-2222 to discuss your legal options. Don’t delay. 

Sacramento Bankruptcy Lawyer Rick MorinMany of my bankruptcy clients were at some point sued by a credit card company. These lawsuits often go unanswered and result in large judgements. Judgements then turn into wage garnishments. Here are a few interesting facts about Credit Card Lawsuits in Sacramento.

1. You Don’t Need to be Personally Served

People tend to move around. Credit card companies know this. When they go to serve you with a collection lawsuit, they aren’t required to go to the ends of the earth to find you.

Generally, you must be personally served with a lawsuit. However, there are certain rules that allow a lawsuit to move forward despite non-service of the plaintiff. This is why “ducking” service is not always effective.

If you later discover that you were sued and never received a copy of the summons and complaint, there still might be time to unwind the judgement. This process is not easy and it can be expensive. Given the amount of the judgement against you, it may make sense to try to set aside the default. Definitely talk to a lawyer.

2. Judgements are Negotiable!

I like to say that everything in life is negotiable. This is even true of a judgement. Credit card companies and their collection agents will try to tell you that they will not negotiate on a judgement. This is absolutely not true.

If bankruptcy is not a good option for you, try to negotiate the judgement down. Creditors are receptive to offfers, especially if you can make a lump-sum offer to pay off the account.

If you do reach an agreement with a creditor, ensure that you get it in writing. Some unscrupulous collectors will bait you into paying less than full value, and then turn around and ask for more. If you need help making sure your offer is binding, contact an attorney.

2. Judgements Last Forever

A money judgement in California is good for ten years. Judgements also accrue interest at the statutory rate of 10% per year. At the end of ten years, a judgement creditor can apply to the court to renew the judgement. The renewed judgement will be good for ten years, and so on.

As you can see, judgements just don’t go away on their own. They can literally last forever as long as the creditor takes appropriate action. Don’t just ignore a judgement. Tackle the issue now before it gets worse down the road.

I help people in the Sacramento area resolve judgements and other debt issues. Bankruptcy may be an option for you. Please call my office at (916) 333-2222 to discuss bankruptcy and non-bankruptcy options to resolve your judgements. 

Sacramento Bankruptcy Lawyer Rick MorinHave you been sued by Midland Funding LLC? You are probably wondering who they are. You are also probably wondering why they are suing you. Read on for the details.

Midland Funding LLC is a Debt Buyer

If you received a summons and complaint from Midland Funding LLC, it is safe to say that you once had a debt that you stopped paying for. Midland Funding bought up that debt from the original creditor. And now they are suing you to try to recover money from you.

What to do if you are Sued by Midland Funding LLC

First, don’t panic. Also, don’t ignore the lawsuit. Midland Funding LLC almost hopes that you ignore the lawsuit and don’t put up a fight. If you ignore the lawsuit, you will lose automatically. Midland Funding LLC likes this because it makes winning a judgment in court easier.

You can respond to the lawsuit by filing an “answer” in the court. This will make Midland Funding LLC prove their case to the court if they want to win. You might be able to file the answer on your own, but you may need the help of an attorney. The answer is a formal legal pleading, not just a letter. If you don’t follow the appropriate procedures, your answer won’t be accepted by the court.

You may consider hiring an attorney to help you fight the lawsuit. This makes sense if Midland Funding LLC is suing you for a substantial amount of money. Each case is different, so it makes sense to talk to a lawyer as soon as you receive notice of the lawsuit.

What to do if you find out about the Midland Funding LLC too late

You only have a certain amount of time to respond to the lawsuit once you are served with the initial legal papers. However, not everybody is personally served with the papers. Especially for people that move often, you might not hear about the judgement until years after the lawsuit was filed.

It is possible to try to reverse a judgement, especially if you can prove that Midland Funding LLC didn’t take the appropriate steps to locate you at the beginning. This is called “setting aside” a judgement. However, you will definitely need to consult with an attorney because the procedures are complicated.

Are you being sued by Midland Funding LLC in the Sacramento area? Please call my office at (916) 333-2222 to discuss your options. 

Sacramento Bankruptcy Lawyer Rick MorinTo be successful in bankruptcy, full and complete disclosure of your debts is required. This isn’t always possible. But there is good news. You can amend your bankruptcy to include a forgotten creditor.

Try to Disclose All Debts at Time of Filing

To the maximum extent possible, list all of your debts on your bankruptcy petition the first time. The court will send notifications to each of these creditors. The initial notification is very important. It tells creditors about your bankruptcy case. The initial notice also contains important deadlines.

If a creditor is not listed at the time of filing, they will not receive the initial notice of your bankruptcy. If the unlisted creditor takes action against you, it wont necessarily be their fault.

Consequences of Not Listing a Creditor

As discussed above, not listing a creditor can create some problems. The first one is obvious. The creditor might not ever find out about your bankruptcy. This means that the creditor might not take appropriate steps to prevent further collection activity against you.

In some cases, an unlisted debt may not be excused by the bankruptcy court. This means that you could emerge from bankruptcy still owing one or more creditors money. This would be a very unwelcome surprise at the end of a bankruptcy proceeding.

What to do Next

If you discover that you forgot to list a creditor on your initial bankruptcy paperwork, contact your attorney. You should do this as soon as possible. There are steps that can be taken, including amending your bankruptcy paperwork, to fix this problem.

If the unlisted creditor is not discovered until after your bankruptcy case is over, again I would advise you to contact your bankruptcy attorney as soon as you can. In certain circumstances, you may need to take additional action. In other cases, nothing else is required because of a unique feature of bankruptcy law in the Ninth Circuit.

I am a bankruptcy attorney in Sacramento, California. Please call my office at (916) 333-2222 if you have questions about bankruptcy proceedings in Northern California. 

Sacramento Bankruptcy Lawyer Rick MorinOne of the most powerful provisions of bankruptcy law is called the “automatic stay.” The automatic stay prevents your creditors from taking action against you once you have declared bankruptcy. But what happens if you have a continued garnishment of your wages even after you file for bankruptcy?

By law, your creditors are required to cease all collection activity immediately upon the filing of your bankruptcy case. For my clients that have wage garnishments or bank levies, I always send a notice to the creditor once the bankruptcy is filed. This is followed up by the official notification sent from the United State Bankruptcy Court. The official notice usually goes out about a week after filing. By doing this, it will be difficult for the creditor to say that they never received notice of the bankruptcy.

Not all creditors take appropriate action after receiving notice of a bankruptcy. Some creditors are lazy. Some creditors just don’t care. Some creditors are just too big and the bankruptcy notification gets lost in the shuffle. No matter the excuse, the result to the bankruptcy filer is the same — continued collection activity even after the bankruptcy.

Any post-filing collection activity can be sanctioned by the bankruptcy court. In most cases, I make an attempt to reach out to the creditor to remedy the problem. If the creditor is not responsive, I can file a motion with the bankruptcy court to sanction the creditor for its willful violation of the automatic stay.

If the conduct of the creditor is egregious, the court will often issue a penalty against the creditor. Yes, you read this right. In some cases, you can recover money from a creditor that flouted the bankruptcy rules!

Bankruptcy laws are written to protect both debtors and creditors. My clients always play by the rules, but not all creditors do. I have personally gone after creditors that haven’t followed the rules and won judgements in my client’s favor.

Don’t delay any longer. Call my office at (916) 333-2222 to discuss your bankruptcy options.