I was Served with Summons, What Should I Do?
Fight it! And win! The Law Office of Ian Chowdhury has in-depth experience in defending consumers against debt collection cases. With help, you may be able to fend off the lawsuit entirely, or settle the case with a surprisingly small payment... even if you initially think that you have no defense! You may even be able to turn the tables by suing the debt collector for unfair collection practices.
Ian Chowdhury understands the financial difficulties of people seeking this type of service, and has made his services especially affordable for debt collection defense cases. Typically, the entire case will cost you only about a thousand dollars in attorney's fees. Additionally, costs, such as the filing cost charged by the court, might amount to about another three hundred dollars. Of course some cases are more novel and complex (and therefore more expensive) than others, so exact fee and cost structures cannot be provided here. If you are truly broke, sometimes an even more economical arrangement can be worked out (see below). Rest assured, you will be told exactly what to expect in terms of fees and costs before agreeing to representation. You will never receive an unwelcome surprise on a bill from the Law Office of Ian Chowdhury. Paying in installments is sometimes possible, and so is payment by credit card. On the other hand, chosing not to be represented generally turns out to be a very expensive mistake!
To inquire about being represented, simply fill out the form on our Contact page. as completely as possible. Ian Chowdhury will personally respond to your inquiry ASAP -- usually the same day -- to sort through the details (don't worry, there is no charge for this initial consultation).
Can't I Ignore the Problem (Like I've been doing for Months)?
Now that you have been served with a summons, the game has changed. You can no longer ignore this problem, because that would allow the debt collector to very quickly obtain an automatic judgment against you (called a default judgment). The debt collector wants you to ignore the summons because then you'll get hit with a default judgment! Once the court issues a default judgment, there are various ways that the debt collector can simply take the money from you without your consent. For example, they can levy your bank account -- meaning that they can take the money directly from your account. They can garnish your wages if you have a job. They can put a lien on your house. Waiting and ignoring worked for a while, no doubt. But now that you have been sued, failing to respond quickly and properly would be a very costly mistake.
What if I Can't Afford an Attorney?
Many people being sued by debt collectors and banks have this exact concern! After all, if you could afford to have an attorney at your beck and call, you wouldn't be in this mess.
First let's clear up an error that many people make when thinking about this. By hiring an attorney, the odds are that you will spend less -- much less -- than what you would pay if you did not hire an attorney. Well represented consumers (such as those represented by the Law Office of Ian Chowdhury) often end up paying the debt collector either nothing at all, or only a fraction of the amount originally claimed. So, look at it this way: If you can't afford to pay the debt collector, then you can't afford not to hire an attorney. Naturally, there are no guarantees in litigation, and results vary, etc., etc.. But the bottom line is, that the Law Office of Ian Chowdhury has saved many, many thousands of dollars for its clients facing debt collection lawsuits. It is as if hiring an attorney costs you negative money. It is as if someone asked you "would you rather pay ten-thousand dollars or one-thousand dollars?" You get the idea.
Apart from all this, you may be interested to know, that if you are really, truly broke -- so that you qualify under the court's criteria for a waiver of all court filing fees -- then you may also qualify for reduced price legal representation. A case that may otherwise cost you around one thousand dollars in attorney's fees, might cost you as little as three hundred fifty dollars in fees. Any such discount must be discussed with and approved in advance.
And, of course, you can pay with a credit card, or with your PayPal account.
But What if I Really Owe the Money?
First of all, don't be so sure that you "really" owe the money to the company that is suing you. If y ou are being sued by anyone other than the original creditor, there is a good chance that the entity suing you does not even own the acount. There are companies called "debt buyers" who claim to have purchased old defaulted credit card accounts, which they then sue on. Often these companies cannot prove their ownership of the account. Indeed, sometimes people are approached by more than one such company, both claiming to own the same account!
Additionally, even if the case looks hopeless to you, it probably isn't. If nothing else, a settlement might be obtained that is far more favorable than what you could have obtained without an attorney. Consumers who do not hire a good attorney end up paying unjustifiable and excessive late fees and over-limit fees. Unrepresented consumers settle on completely unreasonable terms. Unrepresented consumers have their wages garnished and their bank accounts levied (emptied) by debt collectors. The fact that you fell upon hard times and had to feed yourself and your family instead of making credit card payments, does not mean debt collectors have the right to bleed you dry. Especially when you can avoid such a result by hiring an attorney.
What If I Pay an Attorney, and Lose the Case Anyway?
It is possible to lose a case. However, the vast majority of the time, consumers represented by Ian Chowdhury obtain extremely favorable results. Few if any attorneys have had better success in defending consumers against debt collectors. Even if you do lose, you are better off for having hired an attorney and joined the battle, for several reasons. For one thing, by engaging in the case, you have probably bought yourself about a year of time. Although it is improper to engage in litigation solely for the purpose of delay, it is a simple fact that you have a right to demand the other side to prove their case, and often a contested case takes a year or more to result in a judgment, and this extra time can truly be a life saver for many people. For another thing, even after losing a case, an attorney can often negotiate a settlement with the other side that is better than what the consumer would have gotten by themself. Finally, in a limited jurisdiction case (under $25,000), the court can entertain a consumer's request to allow a "payment plan" in satisfaction of the judgment, that would preclude the debt collector from using other more coercive methods of judgment enforcement.
So I'll Contact You; Meanwhile, Can You Give Me any Useful Info.?
When standing up to debt collectors, your best weapons are good information, and a competent attorney. In terms of information, read the pointers below. As for hiring a top notch California attorney, few if any attorneys have had better success in defending consumers against debt collectors. With the Law Office of Ian Chowdhury on your side, you also have the bonus of knowning that, if appropriate in your situation, you can quickly shift gears, and file bankruptcy, if necessary. Meanwhile, the information below may address some of your concerns. The information here is not necessarily intended to apply to any particular debt collector, and not all collectors use the methods described below -- but it's best to be prepared:
Collection Phone Calls
Just Hang up (or don't answer). Seriously. It's that simple. You can't ignore the underlying problem, but you
can ignore phone calls from debt collection law firms. You have absolutely nothing to gain by talking to an employee of a debt collection law firm, and potentially a lot to lose. Your time would be better spent watching re-runs of
Buffy the Vampire Slayer.
Here, the telephone just rang, let's practice...
You: Hello?
Them: We have been hired to collect on --
You: [Click]
If you do choose to take their phone calls, remember they may be recording the call (although they are supposed to obtain your consent to do that). If you chose, you can state at the beginning of the call that you do not give your consent to be recorded -- and if they tell you that they are going to record the call, hang up (by continuing the conversation knowing that the tape is rolling, you are consenting to be recorded). If you decide to talk anyway, make sure you are not agreeing with their assertions and admitting things, as they try to confuse, intimidate and talk you in circles. Take orderly notes as to when they called, with whom you spoke, and what they said. You may need these notes later to prove something. Also, be aware that they will lie, berate, threaten and intimidate. They will pressure you to make an
immediate good faith payment
.
Under no circumstances should you give them any money or financial information based on a telephone call. Giving them money will not help your situation and will not buy you any
good faith
. What it will do, for various legal reasons, is seriously screw up your ability to defend against the debt collection lawsuit when
they sue you anyway.
If they have already sued you, they may call you to make you think that there is a negotiation going on, so you become lax and let 30-days slip by without filing the necessary papers with the court to respond to the collection lawsuit. They will then obtain a default judgment against you and simply
take money from you without your consent, via wage garnishments, or by emptying your bank account, using the judgment as a weapon.
You can also tell the debt collection law firm in writing to stop contacting you. Unfortunately, unless you are represented by an attorney, they are likely to ignore their legal obligations, and continue to pressure you despite your request.
Collection Letters
Tens of thousands of standardized letters are sent out from mega-volume, but minor wattage collection law firms. The mistake that many people make, is to say too much in response to such letters -- it would be better to send no response at all, than write back requesting a payment plan and apologizing, and so forth. Until you see full documentation, you do not even know whether the debt collector is legitimate, who owns the debt or whether the debt is for the amount claimed. Sometimes, debt collectors will use the consumer's lack of response to such letters as a dubious admission of sorts. So, the best solution is to write back, but keep it simple. Just reference their communication and say that you dispute the debt. Or say that you dispute this debt, and tell them to stop contacting you. You also have a right to ask them for documentation to verify the debt, but frankly there is not too much advantage in doing that (others might disagree).
Here is what you do:
- Save the letters. You may end up with several different letters that convey inconsistent versions of who the original creditor was or how much the debt was supposed to be for, etc., this might be useful in court to help to discredit the debt collector. Also, if you end up needing an attorney, the history of written correspondence can be of great assistance in helping your attorney interpret what is going on. As a side note, avoid writing on the letters, because later on you might want to use the letters as evidence, without having to reveal your notes at the same time.
- Fact-check the letters. If the debt collector is claiming you owe $2,000 on an old Sears card, but you think you paid it off, you are probably the one that is correct.
- Find out if you have already been sued. If you are being contacted by a debt collection law firm, there is a significant chance that they have already sued you without letting you know, and may even have obtained a judgment against you by telling the court that you were served. Collection law firms do this frequently, and if you are a victim of this, you should talk to an attorney. Go to the website of the superior court for the relevant county to research that county's procedures for accessing and searching court records. Some counties have very good on-line record search capabilities, other counties you have to physically go to the courthouse. Go to our debtor rights Resources page for a list of links to every superior court in the state of California.
- Save the envelopes, with the letter. Suprisingly often, it becomes an issue as to whether a debt collection law firm was contacting you at address-a or address-b, or as to what mail you received at what address, and when. Saving the envelopes can be a great help in re-constructing these sorts of things.
The Lawsuit
A collection law firm will eventually sue you, pretty much regardless of what you do. By law, they have to serve you with the lawsuit so that you know you've been sued. However, in reality many collection law firms hire process servers that specialize in sewer service, which means they toss the papers in the sewer, and then swear under penalty of perjury that they gave those papers to you. You might not find out you've been sued until the collection law firm is garnishing your wages. If this is happening to you, skip ahead to the next section. If you are one of the lucky ones who has been served with the lawsuit against you, here is what you should do:
- Look for an attorney to represent you! There are numerous ways to screw up your response to a lawsuit so it is best to have an attorney. But, be a little careful: No attorney is experienced in all areas of the law, so pick someone who is used to defending debt collection lawsuits. Also, if an attorney claims that he or she sometimes represents the consumer, and sometimes represents the creditor in consumer collection lawsuits, run the other way. Anyone who would represent the creditor in this type of lawsuit is pretty much, well, scum. They are only taking you on as a client in order to give your money to the other side. May I humbly suggest contacting the Law Office of Ian Chowdhury. If I cannot take on your representation, I will at least try to provide you with some useful resources.
- Figure out if you qualify for a fee waiver. Ask the court clerk for the forms FW001 and FW001info and FW003, and study those papers to see if you might qualify for a waiver of court fees. If so, fill out the forms and submit them when you file your answer to the lawsuit. Otherwise, it could cost you anywhere from $200 to $350 to pay your initial appearance fee (usually, this is your Answer).
- Make sure you file a response in court within 30-days of being served! The debt collector's goal is to get a default judgment, which is an automatic judgment they can obtain if you do not file the correct papers with the court within 30-days of being served. And remember, if the collection law firm tells you that the matter is settled and that you do not need to file a response, they are lying to you so that they can welch on your undocumented agreement, then obtain a default judgment and clean out your bank account. Also, on the papers that you file in court, do not tell your life story, do not admit things, and do not talk about why you were unable to make payments (which is the same as admitting things). During the early stages of a case you do not even know for sure what the lawsuit is about (even if you think you do). If you are representing yourself, a simple
I generally deny the allegations of the complaint
is far better than saying too much.
You should really obtain representation if you can. Almost all unrepresented defendants end up with judgments entered against them. In contrast, clients of the Law Office of Ian Chowdhury tend to be extremely satisfied with their representation
and the outcome of their case. Please check out
what prior clients have said.
Wage Garnishment
After a debt collection law firm has obtained a judgment against you on behalf of one of their clients, they have various methods of taking your money from you. One of the most powerful, is to obtain a wage garnishment order from the court, and have the sheriff's office serve that order on your employer. This has the effect of forcing your employer to pay a portion of your wages to the debt collector (technically, to the Sheriff, who then hands it to the debt collection law firm, but the point is you see a big gaping hole in your paycheck). Here is what to do:
- Consult with an attorney! You may qualify for an exemption that, if properly applied for, can reduce or even eliminate the garnish on your wages. For example, if you need all of your wages in order to satisfy your basic living expenses, this may be the basis for a claim of exemption from the wage garnishment. Also, if there was an irregularity in the case (for example if the lawsuit was never served on you before the court issued its judgment) you may be able to get the judgment vacated, which would also put a stop to the wage garnishment. Your chances of success are much higher for either of these routes if you are competently represented. Various non-attorney services will advertise that they can help you achieve the same result, but it is simply not true; for better or worse, nothing else carries the same clout and effectiveness as having an attorney to deal with your overbearing creditors (not to mention the fact that critical procedures will be handled correctly)
Working With the Debt Collector
Some people make the mistake of thinking that the debt collector is working "with" them, and so it is not necessary to respond to the lawsuit. Wrong! If the debt collector has sued you, and now appears to be working "with" you, they are simply stalling. The debt collector knows that if you fail to file a proper response with the court within 30-days of being served, they can obtain a default judgment against you and then garnish your wages or levy your bank account. Debt collectors and their attorneys will lie to your face and rob you blind. They are not working "with" you; they are working "on" you. If you have been sued, hire an attorney to respond to the lawsuit or you are being suckered.
Contact the Law Office of Ian Chowdhury for details.