Frequently Asked Questions

Don’t assume that you can’t afford an attorney.  There are laws that allow your attorney fees to be paid by the debt collector or creditor if you win your case. Additionally, the vast majority of CJE’s clients are struggling financially therefore this fact is always taken into consideration when determining how best to accomplish the client’s objectives and keeping the lights on. 

Most borrowers feel that they cannot afford an attorney so that don’t appear in court to defend themselves and the debt collector/creditor gets a windfall by obtaining a hassle-free default judgment.  Or, if the borrower does show up they enter into an immediate settlement or stipulation consenting to a future judgment as soon as the borrower misses a payment under the stipulation/settlement. See more about those here and here. The judgment allows the debt collector/lender to garnish wages, levy bank accounts, place liens on homes, etc.  At CJE the initial consultation is free of charge so it costs the borrower only a phone call. 

Consumer protection law on the plaintiff’s side is an area of law that advocates for the consumer against business entities or corporate america acting in a manner that violates the consumer’s rights.  CJE advocates for consumers against debt collectors, creditors, lenders, credit unions, car dealerships, credit reporting agencies, automobile manufacturers, etc. engaging in a deceptive, misleading and unfair practices that injure the consumer.See more here.

Even if you truly believe that you owe the debt the law may say that you do not owe the debt and/or you may not owe the amount being claimed.  Consumers are sometimes afraid to defend themselves against a lender or debt collector in a lawsuit and that is what the debt collector and creditor thrives on.  The law firm defending the debt collector/creditor is depending on you feeling helpless and defeated that way they receive an easy default/consent judgment against you.  You have debtor, repossession and consumer protection rights, even if you owe debt, that an experienced consumer rights lawyer can assert in court on your behalf. You may also be entitled to damages.  Contact CJE to find out your options.

The attorney working on your matter will keep you informed about your case.  Typically, email is the communication method that works best for both client and the attorney.

Maybe but it will not likely accomplish anything as the manager and the entire debt collection company are typically on the same page.   They will do what they need to in order to collect regardless of the circumstances or protestations by the consumer.

No.  Nor can the debt collector make a false threat to do so.  Any false or unlawful threats by a debt collector may violate consumer protection laws entitling you to damages.  Contact CJE here to determine if you have a consumer protection claim.  

Violation of the Fair Debt Collections Practices Act by the debt collector or its lawyer may entitle the consumer to a maximum of $1,000 against each debt collection company or law firm.

In the District of Columbia if you have taken the car to the dealership at least four times in an attempt to fix the same problem or the car has been out of service for a cumulative of 30 days or more then you may have a lemon law claim.

In California, if the car has been taken for repair of the same problem four or more times or out of service for a cumulative of thirty days or more then you may have a lemon law claim. 

Contact CJE to determine your options.

You may contact Consumer Justice ESQ through the contact form here.  You may also call CJE at (202) 579-1243 or email CJE at info@consumerjusticeesq.com.  The contact form will allow the attorney to be more informed prior to contacting you.  

Borrowers are allowed to represent themselves in court.  However, the rules and the law are complex and key defenses and technicalities can be overlooked or unknown to the borrower.  More importantly, the debt collector or creditor will have a lawyer you should have one also.  You were served with a lawsuit for a medical debt, credit card debt, loan, utility bill or a repo deficiency that you could not pay or that you do not owe. Don’t ignore the lawsuit because it will only get worse after a judgment is granted by the court.  A judgment allows wage garnishment, bank account levies, etc. 

Though you may strongly believe or know that you owe the debt you may not. You may have defenses. If you ignore the lawsuit you may lose your defenses and the court will likely enter a default judgment against you.  If you show up to court and sign a settlement or stipulation you may also lose your defenses and if you default in making payments under the settlement you have consented to a judgment against you based on the new default.  Your own lawyer can defend your interest and assert your rights and potential claims against the collector rigorously in court. As a lawyer experienced in consumer protection law, CJE will assert your defenses and fight back intensely against the debt collector/creditor’s case.  Contact an experienced debt collection defense attorney directly here.

 Yes.  A consumer can be sued on a default pertaining to a credit card.  The lawsuit can also be unlawful depending on the circumstances of the particular case.  The consumer may have defenses.  Contact CJE to determine your options.

 Yes.  A consumer can be sued on unpaid medical debt.  The lawsuit can also be unlawful depending on the circumstances of the particular case.  The consumer may have defenses.  Contact CJE to determine your options.

One sure fire way to get a debt collector to stop calling is to retain a consumer rights lawyer who sues debt collectors regularly. After you retain a lawyer, the debt collector must communicate directly with the lawyer  and can no longer call you.  

Yes.  If the car was repossessed and there is a remaining balance on the car loan after the creditor sells the car, the consumer can be liable for the remaining balance after the sale.  This is called a deficiency amount.  However, you have repossession rights that could also make you not liable for the amount. See more on that here.   

Contact CJE to determine your options.

Maybe…it depends on how fast the consumer acts.  The circumstances of any repossession varies so your circumstances may allow for return of the vehicle if you act quickly before the car is sold.  Contact CJE to determine your options.

You may still owe money after the creditor sells or auctions off the car.  If the vehicle is sold for less than the remaining balance on the car loan then you may owe the creditor the deficit between the car sale price and the car loan balance which is called a deficiency amount.  However, you also may not be liable for the deficiency amount and the creditor or debt collector absolutely will not communicate that to you. See more on that here.  

Contact CJE to determine your repossession rights. 

CJE will work with the consumer to determine the most convenient method of payment.

DC Bar
CA Bar
Supreme Court of the United States
Consumer Justice ESQ

Beat the debt collector or creditor in court by hiring an experienced consumer rights lawyer.
You have consumer protection rights that can be asserted. You can fight back.

Call CJE now