Sued by Lobel Financial? Kazerouni Law Group Can Help!
Facing a lawsuit from Lobel Financial can create significant stress, especially when you are unsure how to respond. Many people feel dazed by the possibility of wage garnishments, frozen bank accounts, or liens on property, all of which can arise from a judgment in favor of a debt collector.
It’s important to know that consumer protection laws provide a framework to help you defend yourself against collection claims. An experienced California debt collection harassment lawyer can explain your rights and protect your financial explain your options during a free consultation.future. Kazerouni Law Group, debt-related matters.
Why is Lobel Financial Coming After Me?
Lobel Financial is an auto finance company that provides vehicle loans to consumers. When borrowers fall behind on payments, Lobel Financial may use internal collection efforts or hire outside agencies and attorneys to collect alleged debts. If consumers do not make repayment arrangements, lawsuits often follow. Being served with a summons and complaint is a serious legal matter that requires a direct response.
Kazerouni Law Group has substantial experience dealing with lenders, collection agencies, and law firms representing creditors like Lobel Financial. Speaking with a debt defense attorney as soon as possible after receiving a lawsuit can help preserve your legal defenses and prevent negative outcomes.
What Happens If You Ignore a Lobel Financial Lawsuit?
Many individuals mistakenly believe that if they ignore the lawsuit, it might go away on its own. Others feel powerless to negotiate or fight back. Neither approach serves your interests.
Once Lobel Financial files a lawsuit for an unpaid debt, the court process begins when you are served with formal paperwork: a summons and a complaint. The summons notifies you of the lawsuit, while the complaint outlines why Lobel Financial believes you owe a debt. There are specific deadlines to respond, generally within 30 days in California (unless otherwise specified in the summons).
If no response is filed, Lobel Financial may request a default judgment. A default judgment gives the plaintiff (Lobel Financial) the legal right to pursue collection through:
- Wage garnishment: Taking a percentage of each paycheck until the debt is satisfied.
- Bank account levies: Seizing funds directly from your bank account.
- Liens on property: Filing a lien against your home or vehicle, restricting your ability to sell or refinance without settling the debt.
People who represent themselves or ignore the lawsuit often lose by default or because they are unfamiliar with the legal procedures. These outcomes can significantly affect your financial stability and credit. Working with an experienced attorney can mitigate or even avoid these consequences.
How Kazerouni Law Group Can Assist
Kazerouni Law Group, APC, has a strong track record in debt defense and has guided thousands of individuals through the lawsuit process. While every case is unique, our typical approach includes:
Free Initial Consultation
You can speak with an experienced attorney (not just support staff) about your Lobel Financial lawsuit. We will review the summons, complaint, and other related documents to understand your case and identify potential defenses.
Defining a Strategy
Whether you believe you owe the debt or question the validity of Lobel Financial’s claim, multiple defenses could be available. We check if the amount is accurate, whether Lobel Financial has provided proper documentation, and if the lawsuit is filed within the statute of limitations (a legal time limit for filing a lawsuit).
Our attorneys also evaluate whether Lobel Financial or its collectors followed applicable laws, such as the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Negotiation or Litigation
If you prefer settling outside of court, we frequently negotiate favorable reductions and manageable payment plans. However, if your best option is fighting the lawsuit in court, our attorneys can assert all viable defenses. Sometimes, the creditor’s documentation is incomplete or incorrect, creating a pathway to challenge the claim.
Transparent Fees
- Negotiation Only: We can negotiate your debt for 10% of the debt or $850, whichever is greater.
- Court Defense: Fighting the lawsuit in court also costs 10% of the debt or $850, whichever is greater, plus any required court filing fees. We can discuss payment arrangements that suit your situation.
- No-Cost Representation: If your rights under the FDCPA, the RFDCPA, or the Telephone Consumer Protection Act (TCPA) have been violated, there may be scenarios where we can represent you at no additional cost or possibly recover damages on your behalf.
Potential Legal Defenses in Debt Collection Cases
Individuals often assume there is no way to fight a lawsuit if they owe a debt. However, debt collection cases can be more complex. Common defenses to a Lobel Financial lawsuit include:
- Insufficient Documentation: Creditors must prove the exact amount owed, provide evidence of the account, and show the chain of assignment if the debt was sold or transferred.
- Mistaken Identity or Incorrect Debtor Information: Collectors sometimes sue the wrong person due to record errors or identity mix-ups.
- Expired Statute of Limitations: Debts become time-barred after a certain number of years (the exact number depends on the type of debt and the jurisdiction). Collectors cannot legally sue once the statute of limitations has passed.
- Accounting Errors: Lobel Financial's total claim may include unauthorized fees, interest that exceeds what is allowed by law, or other miscalculations.
- Violations of Debt Collection Laws: If Lobel Financial or its representatives engaged in harassment, threats, or other prohibited tactics, that wrongdoing can form part of your defense and may entitle you to compensation.
Avoiding Common Pitfalls When Facing Debt Collection Lawsuits
Avoiding common pitfalls can help preserve your rights when facing a debt collection lawsuit. First and foremost, failing to meet court deadlines to respond or appear often leads to a default judgment, which allows collectors to garnish wages or place liens on property.
Another misstep is inconsistent communication. Some people talk to collectors but fail to keep notes of phone calls or get agreements in writing, making it more difficult to prove the specifics of any arrangement. Attempting to settle without legal guidance can result in overpaying or agreeing to unfavorable terms.
Finally, overlooking harassment can cause people to miss the protections they are entitled to under consumer laws such as the FDCPA, RFDCPA, and TCPA. These statutes prohibit abusive tactics, including excessive calls and foul language, and can offer potential remedies if violated.
Debt Collection Harassment and Your Rights
The FDCPA and the RFDCPA (for California residents) provide legal protections against aggressive or inappropriate collection tactics. These laws regulate what debt collectors can and cannot do when attempting to collect debts. Below are common harassment issues people face:
- Swearing or Abusive Language: Debt collectors are prohibited from using obscene or profane language toward you.
- Threats of Harm or Violence: It is not permissible to threaten physical harm or use intimidation tactics.
- Excessive Calls: Repeated phone calls intended to annoy or harass are not allowed.
- Early Morning or Late-Night Calls: Collectors cannot call before 8 a.m. or after 9 p.m. local time, except by mutual agreement.
False Statements and Misrepresentations
Collectors must be truthful when communicating about debts. If Lobel Financial or its agents engage in deceptive or misleading statements, you may have additional defenses or claims against them:
- Claiming to Be from the Government: Collectors cannot falsely imply they represent a government agency or law enforcement.
- Alleging Criminal Activity: Accusing someone of a crime solely for failing to pay a debt is misleading.
- Inflating the Amount Owed: Debt collectors must accurately represent the balance, fees, and interest owed.
- Threatening Unlawful Action: Suggesting they will seize property without the legal right to do so is unacceptable.
Contacting Third Parties
Consumers often worry about debt collectors contacting employers, friends, or family. While collectors can attempt to locate you or verify certain basic information through third parties, they cannot embarrass or harass you through excessive or improper contact with others.
- Calling Your Boss: Debt collectors are generally permitted to contact an employer only to confirm employment or locate a consumer, not to share details about the debt.
- Calling Friends or Relatives: Collectors can request your address or phone number if they do not have it. They should not discuss your debt.
- Calling Your Significant Other: Similar constraints apply. Collectors must refrain from disclosing specific debt information to third parties.
Verifying a Debt
Consumers have the right to verify any debt a collector attempts to collect. Written requests for validation can force collectors to provide a detailed breakdown of the amount owed and proof that they have the authority to collect it. If collectors fail to validate the debt, they must stop further collection activities until they comply.
- Can I dispute a debt from a collector? Yes. You have the right to demand verification of the debt.
- How do I dispute a debt? It is recommended that you speak to a debt defense attorney. Your lawyer can help craft a dispute letter and track all communications with collectors.
Telephone Consumer Protection Act (TCPA) Violations
Kazerouni Law Group evaluates whether Lobel Financial or its associates violated the Telephone Consumer Protection Act (TCPA) when contacting you. We handle:
- Pre-Recorded Calls: Automated or robotic voice messages to a consumer’s phone without proper consent can violate the TCPA.
- DNC Cases: If your number is on the National Do Not Call Registry (DNC Registry), and you receive two or more calls or texts from the same entity within 12 months, you might have a valid TCPA claim. If you meet the required criteria, text message cases also apply under DNC rules.
TCPA violations can result in damages of up to $500 per violation or $1,500 for each willful violation. If you suspect Lobel Financial or its affiliates made robocalls to your cell phone or texted you despite your registration on the DNC, speak with Kazerouni Law Group right away.
Benefits of Legal Representation
Working with a seasoned consumer protection attorney can simplify the legal process and minimize stress:
- Protecting Your Rights: Attorneys ensure that debt collectors follow the FDCPA, RFDCPA, TCPA, and all relevant consumer protection regulations.
- Reducing or Eliminating the Debt: An attorney skilled in debt negotiation may secure a favorable settlement, sometimes reducing the amount owed or arranging a manageable payment plan.
- Stopping Harassment: Collectors often change their tone once they see that you have an attorney. They are far less likely to violate your rights when they know you have legal representation.
- Access to Court Representation: If your case goes to court, an attorney can present a solid defense, challenging Lobel Financial’s evidence and ensuring that any lack of documentation is brought to the judge’s attention.
Why Kazerouni Law Group, APC?
Kazerouni Law Group, APC, has a longstanding commitment to consumer protection. Our attorneys understand the full spectrum of laws safeguarding people against wrongful or excessive debt collection. We have represented thousands of clients, giving us a deep knowledge of how to:
- Identify weaknesses in Lobel Financial’s claims.
- Determine if settlement or litigation is the best path.
- Stand up against harassment or bullying tactics.
- Assert claims for damages if consumer protection laws are violated.
Our philosophy centers on personalized attention. We do not believe in a one-size-fits-all approach to debt defense. Each lawsuit has unique elements, and we tailor our strategy to match your situation, financial resources, and personal preferences.
Frequently Asked Questions About Lobel Financial Lawsuits
Do I have to go to court if Lobel Financial sues me?
You are generally required to file a formal response and may need to appear in court if the lawsuit proceeds to trial. Many cases settle before a court date, but ignoring the lawsuit can lead to a default judgment.
How long does the lawsuit process take?
Timelines vary, but the process can last several months to more than a year. Settlements often occur sooner, which can reduce legal expenses and stress.
What if I owe the debt but cannot pay it right now?
Negotiation is an option. We can attempt to arrange a reduction of the total amount or a payment plan that fits your budget.
Should I speak directly with Lobel Financial’s attorneys or collectors?
Once you retain an attorney, all communication should go through your legal counsel. This prevents mistakes and helps ensure that any agreements or arrangements are in writing.
What if Lobel Financial violated my FDCPA, RFDCPA, or TCPA rights?
We can pursue claims against the creditor, seeking compensation for violations. In some cases, we can represent you at no cost, as the creditor may be responsible for legal fees if they violated consumer protection laws.
Take the Next Step: Contact Kazerouni Law Group
A lawsuit from Lobel Financial does not have to upend your life. You can take immediate action by reaching out to Kazerouni Law Group, APC. We offer a free, confidential consultation to discuss the circumstances surrounding your Lobel Financial lawsuit. A personal injury attorney from our office is available to speak with you right away or on the next business day.
There is no obligation — just an opportunity to clarify your rights, evaluate your defenses, and decide on a strategy that aligns with your goals and financial situation. We aim to protect your rights, minimize negative impacts, and find the best resolution possible.
Reach out today. Let us help you respond to the lawsuit and set you on the path toward a more secure financial life. Fill out the evaluation form to the right or call us at 949-612-9999 to set up your free consultation.