A consumer law attorney represents individuals who have been taken advantage of by companies and businesses. This includes representing consumers with problems with debt collectors, inaccurate credit reporting, defective products, and unfair and deceptive trade practices. We represent the consumer against the big guys.
A class action is a lawsuit where the plaintiff shares a common problem with many additional consumers. Often, the problem is small enough that each consumer cannot afford representation against the bad guys. By banding together as a class of individual consumers and seeking recovery for the class as a whole, the consumer can then afford to have an attorney handle the case.
Consumers sometimes learn they have a judgment against them without knowing that there was ever a lawsuit. If the judgment is not valid for improper service, an attorney can help. If the judgment is valid, an attorney can assist with dealing with the judgment creditor, resolving the judgment, and advising you of your rights and options.
Consulting an attorney is the first thing that you should do. You will need to know whether the plaintiff can prove its affirmative case, and whether you have any defenses to the lawsuit such as the statute of limitations. If not, an attorney may be able to resolve the matter for less than a consumer going at it alone.
The Fair Credit Reporting Act regulates how long derogatory credit information may stay on a credit report. Generally, the time-frames are:
More information can be found from the Consumer Financial Protection Bureau.
The costs of retaining an attorney vary depending on the case. Vedra Law LLC offers a variety of payment options from pure contingency to payment by the hour. Vedra Law LLC determines what type of fee agreement is necessary based upon the needs of the case and the consumer.
Vedra Law LLC does not file bankruptcy petitions. The National Association of Consumer Bankruptcy Attorneys maintains a list of its members for you to contact.
Every defendant has a right to file an answer and deny that the person owes the debt. The debt collector then must prove by the preponderance of the evidence that the consumer owes the debt.
Of course. A debt collection lawsuit is a civil action like any other. The debt collector must prove that it is the real party in interest with standing to collect the debt. If the debt collector cannot prove it owns the debt by a preponderance of the evidence, the debt collector is not entitled to a judgment.
In Colorado, the statute of limitations is generally six years for a debt. When the time limit begins to run depends on the circumstances of the case. If the statute of limitations has run, the consumer can raise that as a defense against the debt collector, and sometimes, sue the debt collector for collecting a time-barred debt.