law suits Category Archives — Riverside County Bankruptcy Lawyer Blog Published by Riverside County Bankruptcy and Debt Lawyer

Being sued by Macdowell & Associates

December 6, 2023 | by Christopher Hewitt

There is a company in Newport Beach called MacDowell & Associates which has earned a notorious name throughout Southern California as a debt collection agency who sues debtors across the region. This region is likely to affect areas such as Santa Ana, Riverside, Anaheim, and maybe even down to Temecula. If you have received any correspondence from this company or any other debt collection agency, you may want to contact a lawyer before making any response to the agency. Many uneducated debtors will unknowingly make a payment to a debt collection agency even though that debt has already expired and may cause the debt to reset its expiration and give legitimacy back to the debt. When debt has already expired but a debt collection agency tries to get money back from the debtor regardless, it is called a Zombie debt collection agency.

What are Zombie Debt Collectors?

“Zombie debt collectors” refer to collection agencies or debt buyers that attempt to collect on old, often expired, or previously settled debts that may no longer be legally enforceable. These debts are sometimes referred to as “zombie debts” because they can seemingly come back to life after a period of inactivity.

What happens if I default on my SBA loans?

September 25, 2023 | by Christopher Hewitt

What happens if I default on my SBA loans?

Covid-19 hit small businesses hard, leading the U.S. government to initiate several programs aimed at supporting struggling American businesses. As part of the U.S. Small Business Administration’s (SBA) Disaster Assistance program, these efforts included the Paycheck Protection Program (PPP), which played a central role within the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. The PPP was designed to provide vital resources to small businesses, enabling them to sustain their payrolls, rehire laid-off employees, and cover essential overhead costs during these challenging times. The CARES Act, along with the subsequent Coronavirus Response and Consolidated Appropriations Act of 2021, swiftly delivered direct economic assistance to American workers, families, small businesses, and various industries in need.

What was the plan?

Have you been sued by Raymond Lee for Zwicker and Associates, I CAN HELP

November 24, 2012 | by Christopher Hewitt

Raymond Lee sues a lot of people in southern california and in Riverside county where I typically practice. Most cases in my jurisdiction are heard in Indio and are often brought by American Express who sends a lot of there accounts to Zwicker and Associates. You have many options in how to deal with the law suit that you have recently been served but first thing you need to do is speak with a competent lawyer to examine those options. When you have been sued you have 30 days to answer or you could face a default judgment which essentially says you agree to everything and allow them to collect against you through a judgement. Remember a judgment is good for 10-20 years with a renewal and collects 10% interest plus when they win they tack on attorney fees, costs for bringing the suit etc so now is not the time to put your head in the sand. Many times I negotiate these cases down to 50% of what you owe. Sometimes we have to answer the law suit, other times I call them directly and work on a settlement prior to answering to save money. If they won’t come to the right number then we answer to make them realize they are going to have to work and expend money to get potential money. This often brings them back to the negotiating table quicker. Another option that I have and they realize is that I file chapter 7 or chapter 13 bankruptcy cases which either means they get paid nothing or what you can afford over either three or five years. All of a sudden a settlement sounds good to them. Raymond Lee is located in Pasadena so sending someone out to fight this case with someone that fights them every step on the way in Indio is not cheap. This is done for clients that might not be perfectly situated to file a current bankruptcy. Sometimes filing a bankruptcy case is all about timing depending on where you income is or certain financial things that you have done too recently to filing a bankruptcy case which necessitate waiting. Filing an answer to buy time in these types of cases is critical. Also, sometimes bankruptcy isn’t necessary depending on how old other debt that you have is, if you are about to meet the statute of limitations on your other debt and make above the median income, filing a 13 might not make sense so answering and negotiating becomes advantageous. If you have debt and have been served and wonder your options, call a knowledgeable riverside county bankruptcy attorney who looks at things from all angles before sending you down a one road solution.

Collection letters from ACI /American Coradius International

November 2, 2011 | by Christopher Hewitt

Are you receiving collection letters or threats for law suits by American Coradius International (ACI) for your second mortgage? In all likelihood, you have already lost a property to foreclosure or short sale and the 2nd mortgage is now trying to collect what is essentially an unsecured debt since the security has been lost or transferred. This is bad paper that is very hard to collect since you are in a precarious financial situation. You want to deal with this now while you have a good chance of getting a low settlement and or qualifying for bankruptcy. Once your income goes up or you are able to buy a new property, they could sue you and collect a judgement through putting a lien on your new property, getting a wage garnishment for up to 25% of your wages or levying your bank account. If you can come up with 10% then I might be able to settle these accounts. There potentially are tax consequences since you get 1099’d for forgiveness of debt. Talking with an experienced bankruptcy attorney is in your best interest as I can potentially tell you how to avoid those tax consequences through insolvency or advise you to file bankruptcy if the tax consequences are too much.

American Coradius International LLC is a collection agency based in Amherst, NY that specializes in collecting 2nd mortgages that have been foreclosed on. They are often very persistent when calling, mailing letters, and have been known to be a burden to my clients prior to filing for bankruptcy. If you have been notified by them or have been served with a summons from a law firm, your options include filing for a Chapter 7 or Chapter 13 or settling the debt with a lump sum. A second mortgage is considered an unsecured debt after a foreclosure, making it possible to settle with creditors like American Coradius International for a low percentage. I have been successful in negotiating as low as 8% of the original amount here are several examples on accounts I have worked on for clients, including one from ACI. Low percentage results are typical and very possible if you have some money set aside, and prefer to pursue this option instead of filing for bankruptcy. If you would like help or further advice on either filing or negotiating a debt with ACI call my office today to discuss your options.

Wage Garnishments and Abstract Liens and how Bankruptcy can help.

May 20, 2011 | by Christopher Hewitt

If you are in receipt of a letter from the sheriff’s office or have received a letter of intent for a wage garnishment from your employer or HR person, then the clock is ticking and bankruptcy is likely the best option. Wage garnishments have the ability to collect 25% of your wages. There have been very few bankruptcy cases that I have ever seen where the trustee payments are as high as the amount that my clients lose in wage garnishments. Sometimes if your income is below the median income then a chapter 7 can stop the garnishment and you’ll pay nothing back to your creditors. If you are in a high income bracket then you’ll possibly have to do a chapter 13 and pay back whatever your disposable monthly income is to creditors. We take all your reasonable and allowable expenses and see what is left over. Even or people that are making 100,000 dollars or more a year I typically get a plan payment of less than 1000 dollars a month where as with that kind of income a wage garnishment would be taking out 2000 dollars or more. Bankruptcy also offers a lot of other benefits such as the ability to strip liens, cram down financed cars to the current market value. So don’t let a wage garnishment stop you in your tracks, bankruptcy can be a fluid way to reorganize and it will come with some serious benefits and get your financial life back on track and improve your credit score quicker then letting the judgments continue to come in.

law office of patenaude and felix lawsuit for Credit Card Debt

May 15, 2011 | by Christopher Hewitt

More and more of my Bankruptcy clients are being sued by The Law offices of Patenaude and Felix. They are based in San Diego and have many California lawyers who sue on credit card debt. If you have been served a summons or are being sued or looking at a default judgment from this law firm then we should look at bankruptcy as a potential option or possibly trying to settle the debt if you can come up with a lump sum payment. Default judgments will allow them to collect 25% of your net income through a wage garnishment and for most people even who make a lot of money a chapter 13 plan will be much less on a monthly basis then the loss of 25% of your wages. If you are below the median income you can do a chapter 7 bankruptcy and most likely keep all your assets. Call my office to find a solution to your legal problems with Patenaude and Felix.

Law suit from Legal Recovery Offices in San Diego?

April 11, 2011 | by Christopher Hewitt

Have you been served or sued by Legal recovery offices on behalf of a Portfolio Recovery account. I have been noticing more and more clients with old debts that are getting law suits by this firm in San Diego. There is still time to settle the suit and hopefully for pennies on the dollar since that is what they bought it for. California has a 4 year statute of limitations on written contracts and it seems like this firm likes to sue people right before that runs which usually means they bought the account for very cheap. I have been successful in negotiating good settlements with them and if they don’t want to settle we can always file chapter 7 bankruptcy and either extinguish it or pay it back over time for less than what is owed at 0% interest. Now is the not the time to wait if you have been sued by this firm. Call my office to discuss options.

Desert Hot Springs in Riverside County filed for Bankruptcy

November 9, 2010 | by Christopher Hewitt

Desert Hot Springs is only the second city in the United States to seek Bankruptcy protection. They didn’t pay on a lawsuit that called for them to pay 3 million dollars and decided to file bankruptcy. They were able to come out their bankruptcy by buying bonds and have restored to great financial shape. In 2001 the city had to file because a major part of the debt , approximately $6 million owed to developers and their attorneys who won a Fair Housing Act suit against the city. The city had 8 million in debts it could not pay.

If you live in desert hot springs the median income is around 25,000 dollars and below the states median income which allows people to qualify for chapter 7 bankruptcy in which you can protect at least 23,000 dollars in assets through the wild card exemption and up to 100,000 if you use the homestead exemption. Bankruptcy is not the end as the city of desert hot springs saw but a new beginning. The city is now within its budget and got a fresh start through the bankruptcy code.

Law suits from Zwicker and Associates, Fredrick J. Hanna, Mann Bracken

November 9, 2010 | by Christopher Hewitt

Mann Bracken LLC , Professional Recovery Services Inc, Receivable Management Inc, Capital Management, Frederick J Hanna and Associates PC, Zwicker and Associates, Hemar and Rousso, are some of the debt collectors that I have had to deal with the most in terms of law suits or law debt collection activities. Zwicker and Fredrick J. Hanna, Mann Bracken are so big that they would rather pursue collection activities and work on settlements, then go to trial quickly. If coming up with a reasonable percentage is something that you can do then settling some of these accounts can be worth your while. If your debts are overwhelming then you really need to look into the bankruptcy laws and realize that most if not all of your assets can be protected.