Real Life Examples Of Consumer Defense

Please Note

 

 

Below are real examples concerning consumer defense. These are meant to be examples of how a consumer defense case can turn out. This, by no means, is an exclusive list. You should not assume from these stories that your situation will always result in the same outcome. It would be impossible for us to provide even a small list of all the potential scenarios, and we do not attempt to do so here. We want to discuss any issues your are concerned with regarding a lawsuit involving a consumer matter.


 

 

Statute of Limitations Issues

A statute of limitations is a statute that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods."

In California, the statute of limitations for contracts is two years from the breach of contract on oral contracts and four years from the breach of contract on written contracts, although it is possible to "toll" the statute under certain circumstances.

We have had clients come to us after being sued looking for a defense. Often, the person suing waits too long. When this happens, we can have the lawsuit thrown out and, sometimes, we can even get money for the client. However, this defense must take place at the time of answering. If you wait until a judgment has been entered against you, it is tool late.

 

Default Judgment Reversals

In most states, the first step in any lawsuit is the drafting of the Complaint and a Summons issued by the Court. This Complaint and Summons must be "served" on you soon afterward. After the Summons and Complaint are served on you, usually through personal delivery, you have a certain amount of time in which to respond. If you fail to respond you, the Court will declare that you lose the case, automatically, by issuing a "Default." The Court, at the request of the person suing you, will usually then enter a "Default Judgment" against you.

We often have consumers come to us after they discover that their wages are about to be garnished, or a lien has been place on their home, due to a default judgment being entered against them without their knowledge. We can assist with getting that reversed, but you must move quickly. The Courts will not "set aside" a judgment if you wait too long after discovery of the issue.

 

 

Settlement

If you owe money to someone and they have sued you, the other side probably does not really want to go to trial. They would rather settle. In many cases it is possible to settle these cases after you have been sued. However, care must be used. Once a payment is made on a contracts case, the statute of limitations begins again. Any agreements must be in writing.

We have had clients come to us after being sued and, rather than defend on a case with no realistic possibility of defending, the case can be settled at a significant reduction.

 

Counter-Suits

Often, a consumer who is being sued has a good "counter-claim" available to her. If, for example, a debt collector sues you after you request validation of the debt (within thirty days of the initial written communication), but before the debt collector validates the debt, you can counter sue. If you prevail on that issue, which you should, the debt collector ends up paying you money and your attorney fees and costs.

We often have consumers come to us with concerns after being sued, and we are then able to defend them and counter sue the person suing on the debt. Keep in mind that even if you really owe the debt, the law still applies with regard to violations by the debt collector, creditor, etc.