Thursday July 29 , 2010

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Free Advice

When a debt collector calls you at work, talks to friends or co-workers, threatens to sue, unfairly obtains a judgment, or conducts itself in a manner that is just plain unfair, we will sue them for you and not charge you any attorney fees or costs.

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Free Evaluations - Online, By Phone, Or In Person

You May Well Have A Good Case Right Now And Not Be Aware Of It…

Don't assume that you know whether you have a good case or not.  It is harder to make that determination than you might think.  Further, you are too close to it.  You may think you have no case, but you do.  On the other hand, you may think you have a great case, but the technicalities of the law say otherwise.  Face it - you need a lawyer.  But at Hyde & Swigart you can get the help you need without having to pay attorneys’ fees and costs.  You can give us a call at 619-233-7770, or you make an appointment and sit down with an attorney and discuss your concerns.

Even easier, you can fill out one of our online forms and have your case reviewed by an attorney within one business day, and often sooner.  We have online evaluations forms for debt collection abuse, or if you are being sued for a credit card debt that you may or may not owe.  If your car has been repossessed, or you think it is about to be repossessed, this is a good start to fix this.  If someone got a judgment against you and you hope to have it reversed (vacated), click here.  If you believe someone has improperly placed negative credit information on your credit report, click here.  And finally, if there is another consumer issue that concerns you, this is the place to start.

 

We Sue Abusive Debt Collectors

You Do Not Have To Be Abused and Harassed By Debt Collectors!

You do not have to be abused and harassed by debt collectors, and you are entitled to be treated fairly.  Federal law (by way of the FDCPA) protects consumers from illegal, unfair, deceptive and abusive debt collection practices. California law (by way of the California’s Rosenthal Act) also protects California consumers from these tactics as well. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and your attorneys fees and costs. If you live anywhere in California or Arizona, and feel you may have been abused, deceived or treated unfairly by a debt collector, or that other violations of the FDCPA or the RFDCPA (the Rosenthal Act) have occurred, you may need a lawyer.  We can evaluate this for you in person or in our debt collector abuse evaluation section, and that service is free.

 

We Also Defend Consumers Sued On Credit Card Debt

We Can Defend You If You Are Being Sued For Credit Card Debt.

As experienced consumer rights attorneys, we know that debt collectors and creditors often use questionable tactics in litigation.  Consequently, we defend consumers when sued for credit card debt!  Often, creditors or debt collectors sue on debt issues that are beyond the state's statute of limitations, or falsely claim to have served consumers with the proper paperwork in order to obtain default judgments.  These tactics are illegal, and we can help.

Furthermore, when these people sue you, they can rarely prevail in court.  Instead they are relying on you settling before trial, or failing to appear in court so they can win automatically.  Or they hope you will appear in court to defend yourself and make errors that cause you to lose the lawsuit.

Don't let any of this happen.  Call Hyde & Swigart at (619) 233-7770

   

We Can Get Judgments Reversed

Default Judgments Can Be Reversed (Vacated).

It happens all the time.  An unscrupulous creditor or debt collector claims to have served you with court documents.  Of course, that never happened.  They may have dropped them in the bushes outside your home, or perhaps they placed them in the mailbox, or, many times they hand them to someone at an address where you do not reside. The person they give them to may be living at your old address, or perhaps it's your parents house.  But however it happens, you were not legally served.

To make these activities worse, the creditor or a debt collector then went into court and swore in an affidavit that you were properly served.  The court has no knowledge that this is not the case, and takes the word of the creditor or debt collector.  The court assumes that because you were served you have no interest in defending yourself.  Consequently, the court enters a "default judgment" against you.  Now, the creditor or debt collector can legally garnish your wages, place a lien on your home, attach your bank accounts, or take other nonjudicial action.

If it seems like this is not fair, you're correct.  At Hyde & Swigart, we can take action to reverse these judgments.  However, the courts insist you act quickly when you discover the judgment has been entered against you.  You should not wait months to do something.  And because we charge such a reasonable fee to assist you in getting these judgments reversed, there is no reason to wait. Call Hyde & Swigart at 619-233-7770.

   

Our Experienced Team Can Help You

We Have Represented Thousands Of Consumers Like You.

Hyde & Swigart represents consumers throughout California and Arizona in cases involving all sorts of consumer related issues. Our attorneys have successfully resolved hundreds of consumer law cases.  If we agree to represent you as a plaintiff, we will normally take your case on a contingency fee basis. You will pay nothing to start your case, we will advance all costs, and we will only be paid if we achieve a recovery for you.  If we represent you as a defendant, we may ask you to pay a reasonable fee, but we work hard to avoid even that.  If you will be expected to pay something we will tell you that at our first consultation with you.  But we never charge anything for the initial consultation.

   

Important Tips

  • Debt Collectors Lie: You should not believe what debt collectors say to you, even when it sounds like it makes sense. Debt collectors say whatever they need to say, true or not, in order to get you to pay.

  • Get Everything In Writing: This goes to the above item. These people will say things to get you to pay and later they will deny they said it. Get everything in writing or assume it is untrue.

  • Take Written Notes: They are taking notes - you should too. You may need to prove what was said in court. Further, courts tend to believe you when you wrote it down at the moment it was said.

  • Always Dispute Debts: You may think you owe the debt, but how do you know the amount demanded is correct? Or the interest? How do you know you owe the money to these people and not someone else? Dispute all debts in writing within 30 days of the first contact with you.

  • Never pay by phone: They waited this long, they can wait three days to get the check by mail. When you pay by phone they will take money from your account, later, without your permission.

  • Never Release Bank Information: Giving these people an account number or routing information is like giving them a key to your home. You wouldn't do that, would you?

  • Get Educated: This is not a criminal issue, and you have rights. Read this web site. Call us with questions.

  • Keep All Messages: Never erase a voice message, no matter how innocent it may sound. Consumer laws are strict, and you can reverse the tables on these people if you do smart things.

  • Don't Worry About Calling Us: We want to help you. We don't bite, and we don't charge you attorney fees or costs to talk with you. Call us at (619) 233-7770 and discuss your concerns.
  • Interesting Facts

    • Strict Liability: Most consumer rights statutes are "strict liability." That means it doesn't matter if the debt collector or creditor "meant" to do what they did. Intent is irrelevant here. If they broke the law, they will have to pay you.
    • "Defaults" Are Common: When sued, over 90% of consumers never respond and the plaintiff automatically wins. Don't do that.
    • You Could Have Won: Even when the person being sued on a credit card debt owes the money, most of those suing cannot prove their case.
    • It Costs Little To Defend: We charge very little to defend you on credit card lawsuits. This is because we often get paid by the other side under the contract or a consumer statute.
    • Our Consultations Are Free: We will never charge you to review your legal situation. We can do a review online, over the phone, or in our office - your choice.

    A Letter To Consumers

    At Hyde & Swigart, we have a certain philosophy that we live by.  We want to do what's best for consumers - we want to see them treated fairly, and with respect and dignity.  Consumer rights cases can range from individual debt collector abuse matters to class action litigation involving "debt negotiators" ripping off those who hope to get their lives back on track.  We try to bring a fresh perspective and a can-do attitude to consumer law cases that other lawyers pass up.  We are fiercely independent and try to provide aggressive legal analysis and with dogged determination to help those who struggle or were just plain cheated.

    Hyde & Swigart's Mailing List

    Subscribe

    At Hyde & Swigart, we want you to be as informed as you can be as to your legal rights and consumer issues. When you understand your rights, and take action to protect those rights, all consumers benefit. There are laws in this country, and within mosts states, that protect consumers. However, debt collectors, creditors, and others would rather you knew nothing of them. But if you stay up to date on the latest consumer news, you will be in the best position to protect yourself. With that goal in mind, we distribute a periodic newsletter, and we would like to send you a copy.
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    A Letter To Debt Collectors

    This doesn't have to be a fight to the death.  We can work with you to provide reasonable remedies to our clients, which is always our first and foremost consideration. If we sued you it is because, in our view, you violated the law.  In those cases it is our ethical duty to zealously advocate for our clients, and we take that duty seriously.  However, this can be done in a reasonable and civil manner.  If we do that, if we discuss things early, our clients will take away what they deserve and what they will take in the end if we fight tooth and nail.  The difference will be that you, the collector, will not have to spend your last dime litigating.  We invite you to resolve these issues early.

    From The Desk Of Mr. Hyde

    ImageOur Law Firm Is
    Dedicated To Helping You

    “If you are being abused by a debt collector, if you have been sued on a credit card debt, if a credit repair agency has taken money from you but done little, or if you have another consumer related issue, you need a law firm dedicated to consumer rights. That is what we do at Hyde & Swigart.  Call Us Today at (619) 233-7770 for a free consultation.”

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    Jul 29, 2010 (14:20)

    From The Desk Of Mr. Swigart

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    Solve Your Problems

    "That is why we don’t charge you to discuss your case.  If you have been treated unfairly by debt collectors, sued, or alike, you need not fear calling us.  We will listen to you, tell you if you have a case, and give you some options - all at no charge.  If you feel your rights are being violated, I urge you to call us today at (619) 233-7770 for a free consultation.”