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Learn More About The Services We ProvideThe service being provided is an audit of financial and contract documents and litigation services both defensive and prosecutorial. Simply stated, we do not negotiate with banks, debt collectors, and credit reporting agencies; we sue them with impunity.
Debt Collection Abuse & LitigationFDCPA practices are regulated by both state and federal laws. FDCPA guidelines and state and federal laws are clear in that there are certain things a debt collector cannot do when attempting to collect a debt.It is our experience that creditors and debt collectors often ignore your rights and willfully violate these laws. When a debt collector's behavior reaches the level of harassment, debtors may sue and seek damages.
Aegis Legal Center represents consumers who are currently in default on their debts and/or have suffered from harassment by their creditors or debt collectors. In today's economy, our clients have fallen on difficult financial times and as a result they are often illegally abused or harassed. You have rights, and we are here to help represent those rights. Even when you are in debt and may owe someone money, you still have the right to be treated with respect and in accordance with the law. Debt collectors do not have the right to abuse, harass, or intimidate you.
You may file a harassment lawsuit if your debt collectors engage in harassment or abuse. Creditor harassment and debt collector abuse may be a violation of the federal Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, you have the right to sue a debt collector who violates the law by harassing you or making threats. Aegis Legal Center works with consumers whose rights have been violated under the FDCPA and other consumer protection statutes.
FCBA,FCRA,UDAP Violations Litigation
Our attorneys can use variety of state and federal consumer protection laws to help address unfair and deceptive practices. pertaining to violations of these laws. These consumer protection laws include (for example): * The Truth in Lending Act (TILA) *State Unfair and Deceptive Acts and Practices (UDAP) *The Fair Credit Reporting Act (FCRA) *The Fair Credit Billing Act (FCBA) *
Several other laws Many of these consumer protection laws cited above have mandatory "fee shifting" provisions, meaning that the consumer is entitled to his or her attorneys fees if a court finds that the consumer's rights were violated. Because the debt collectors, credit card companies and others who are covered under these consumer laws know that they will have to pay attorney's fees to the consumer if they lose, a consumer attorney is often able to recover attorney's fees as part of settlement. Depending on the facts, many consumers can also use traditional common law claims such as Fraud, Breach of Contract (including Breach of the Covenant of Good Faith and Fair Dealing); Negligent Misrepresentation; Conversion, etc. In contrast with products liability law, which deals with products that cause harm or injury, consumer law typically deals with unfair or deceptive treatment by those selling the product, providing financing for the purchase, attempting to collect a debt related to the purchase, or reporting the debt's status to the Credit Reporting Agencies, etc. Our attorneys have expertise in finding violations of the mentioned laws. We will aggressively defend your rights under these laws .
Credit Card Defense & LitigationDefaults on credit card accounts are at an all time high. Too many consumers obtain too many cards and then cannot keep up with the payments. If a credit card company files a lawsuit against you after a default, they must prove certain issues in order to prevail in their case. First and foremost, they must prove that they are entitled to commence a lawsuit against you. This can be done by any number of ways.The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit. The next issue that the credit company must prove is the terms of the account. This would include the principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer. The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment. If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your attorney regarding the laws of your state, and credit card collection cases.
ECOA Violations LitigationOur attorneys are experienced with Equal Credit Opportunity Act (ECOA) litigation which prevents illegal discrimination that may occur when a bank has both payday loans and other short-term lending programs with different interest rates or pricing structures. Examiners should determine to whom the products are marketed and how the rates or fees for each program are set. They must also decide whether there is evidence of potential discrimination. Payday loans and all other type of consumer loans or lending, are susceptible to discriminatory practices, such as discouraging applications, requesting information or evaluating applications on a prohibited basis.
The ECOA limits the type of information that may be requested from applicants. A creditor can't refuse to grant an individual account to a creditworthy applicant on the basis of sex or marital status. ECOA also requires creditors to notify applicants of adverse actions taken in connection with a payday loans application. And these notices must be provided within specified time frames and on specified forms. Examiners should also ensure the banks have appropriately addressed the security risks in payday lending and other lending programs arrangements to safeguard customer information, whether in paper, electronic, or other form, maintained by or on behalf of the bank.
Foreclosure DefenseFacing foreclosure is an extremely frightening and disconcerting situation to be in. The home which you have worked so hard to call your own is in danger of being taken away, and you may feel that there is nothing you can do about it. Fortunately, Our dedicated legal team is here to help. Our firm can discuss with you during a free initial consultation to evaluate your particular situation, your concerns, and what we can do to assist you in your time of need. Although the situation may seem hopeless to you, there are often legal options we can explore which would help you keep your home or avoid foreclosure. If you have been the victim of predatory lending and are facing foreclosure as a result, we can also protect your rights under state and/or federal law to help you take the legal recourse which is your right. Our primary concern will be addressing your unique concerns and financial situation in such a way as to achieve the result you are looking to achieve in terms of your foreclosure defense. In some cases, depending if you are in a judicial or non judicial state this may for instance mean a short sale, where you actually let go of the property but keep a foreclosure off your record. In judicial states we can seek many available options to help you keep your home. To find out if you are are in a judicial or non judicial state visit out state by state foreclosure laws page.
Bankruptcy Chapter 7 & 13Making a decision about a possible bankruptcy can be stressful, frightening and confusing. You don't have to make this decision alone. Our attorneys are dedicated to providing you with the information you need to make an informed decision that is right for you. We will help you find solutions to your financial problems and take control of your financial future. Our attorneys will consult you on which type of bankruptcy is right for you. If you are thinking about filing for bankruptcy. There maybe other solutions for you. Legal issues and bankruptcy questions are frequently complex and individual. You should consult with one of our attorneys licensed to practice in your state for advice about your particular situation. Fill in the form below to refer you to a attorney in your state. |
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