Category Archives: 2015

Jared Hartman, Esq Posted on February 20, 2015
The U.S. Servicemembers Civil Relief Act at 50 U.S.C.S Appx. §537 prohibits anyone from enforcing a lien sale or executing a repossession lien—without first obtaining a court order—upon the property or effects of members of the armed forces during deployment and up to 90 days after return from service. The goal for such a prohibition is so that the servicemember can dutifully serve his or her country with honor, and without having to carry the stress and anxiety over whether their property back home will be safe and secure. A violation of this prohibition is a misdemeanor crime, and can be punishable by up to one year in custody and fines. Additionally, a servicemember whose rights have been violated can pursue a civil lawsuit against the violator and recover damages sustained as a result of the violation in addition to attorneys’ fees and costs of pursuing litigation.

A lawsuit recently filed by Semnar & Hartman, LLP alleges that a vehicle auto-body shop called Pro Custom in Oceanside, California violated this very prohibition. The Complaint can be read by clicking HERE

This lawsuit alleges that Pro Custom promised to hold the servicemember’s car during his period of deployment and promised to safely store the vehicle until his return from deployment. The servicemember then left for approximately 7 months of deployment only to find out upon his return that the vehicle had been sold through a non-judicial lien sale. The lawsuit alleges that Pro Custom sold the vehicle to recover only $2,200.00 for services, and even though the vehicle was worth approximately $14,000.00 the servicemember has not been provided with any finances that would make up the difference between the amount Pro Custom sold the vehicle for and what Pro Custom claimed was owed to them. Even after the member inquired as to why Pro Custom sold the vehicle after they promised to safely hold it upon his return, Pro Custom claimed he abandoned the vehicle and still failed to provide him with any proceeds from the sale.

The lawsuit further alleges that Pro Custom has been continuing to take out of the servicemember’s bi-weekly paychecks money for services performed on credit prior to the member’s deployment, even though Pro Custom seized the property when they sold the vehicle and has recovered any finances alleged to be owed to them for the services on credit by keeping all of the proceeds of the sale. The lawsuit alleges that this conduct is a violation of the California Rosenthal Fair Debt Collection Practices Act, for unfair and oppressive conduct, misrepresentations and false statements as to what Pro Custom is owed, and for taking action that cannot legally be taken.

The lawsuit is seeking actual damages for the servicemember for the loss of the value of the vehicle, loss of use of the vehicle, emotional distress and mental anguish for not having a vehicle for the past 10 months and having to beg for rides from friends to attend his physical therapy sessions for an injury sustained during deployment, recovery of all monies taken by Pro Custom for the services previously performed on credit, recovery of all monies the member has paid to the vehicle financier since his return from deployment, as well as attorneys’ fees and costs. Moreover, because Pro Custom regularly advertises to military members and claims to “Support our Troops”, this lawsuit is also seeking punitive damages as a means for punishing them for their egregious unlawful conduct and to prevent future abuses against other military members.

If you or a loved one are deployed or about to be deployed, please know that you have rights when it comes to your property. Please do not hesitate to contact us for a free and confidential consultation to discuss your rights and whether your rights may have been violated.

Related Tags: servicemembers civil relief act, deployed military, deployment lien sale, debt collection harassment, 50 USCS Appx 537, service members civil relief act, military credit protection, rosenthal fair debt collection, military lawyer, san diego debt harassment attorney, california debt harassment attorney, orange county debt harassment attorney, riverside debt harassment attorney

Jared Hartman, Esq Posted on February 10, 2015
Mountain Lion Acquisitions, Inc. is known as a “debt buyer” under California law, as it is an entity that purchases charged-off consumer debts for less than the value of the outstanding debt, and then attempts to collect the outstanding amount for the full or near full value in order to reap profits. Mountain Lion Acquisitions, Inc. regularly uses the Law Offices of D. Scott Carruthers as its debt collection attorney, who sends threatening letters to the alleged debtor in an effort to collect for Mountain Lion Acquisitions. It is believed that Mountain Lion Acquisitions and Law Offices of D. Scott Carruthers are both owned and operated by the same person—D. Scott Carruthers—as the secretary of state business search shows D. Scott Carruthers as the agent for service of process and his law office address as the same physical entity address for both companies.

The Law Offices of D. Scott Carruthers has been the subject of multiple lawsuits for what have alleged to be unfair and unscrupulous debt collection tactics, including misrepresenting the amount of the alleged debt, false threats regarding lawsuits and criminal prosecution, misrepresentations as to the alleged debtors’ rights under the FDCPA, among others.

It has come to light that Mountain Lion Acquisitions, Inc. is now also violating the California Fair Debt Buyer’s Practices Act (FDBPA)—Cal. Civ. Code § 1788.50-1788.64. The FDBPA requires that a debt buyer who files a debt collection lawsuit upon an allegedly outstanding consumer debt include certain required disclosures within the complaint, so long as the debt was purchased on or after January 1, 2014. These disclosures are required to protect the consumer, so that the consumer can make an informed decision about what the alleged debt is, where it came from, how much is actually owed, and can also allow the consumer to research the details of the alleged debt for security purposes.

In one particular example, a class action lawsuit recently filed by Hartman Law Office, Inc., Semnar Law Firm, Inc., Hyde & Swigart, and Kazerouni Law Group, APC alleges that Mountain Lion filed a complaint against the consumer on an alleged consumer debt—charged off but then purchased by Mountain Lion after January 1, 2014—and the complaint fails to include the name and address of the charge-off creditor, fails to state that it has complied with 1785.52, fails to provide the name and address of all purchasers after charge-off, and fails to state the nature of the debt and the transaction from which it was derived. All of this information, among others, are required to be included in the complaint pursuant to Cal. Civ. Code § 1788.58. By failing to include these disclosures, the consumer is harmed because the complaint would not give sufficient information for the consumer to know why and for what purpose he or she is being sued by a company with whom the consumer never entered into any transactional relationship. Read the class action complaint here.

Violations of these laws entitles the consumer to recover any actual damages pursuant to Cal. Civ. Code § 1788.62(a)(1); statutory damages in the amount up to $1,000.00 pursuant to Cal. Civ. Code § 1788.62(a)(2); and reasonable attorney’s fees and costs pursuant to Cal. Civ. Code § 1788.62(c)(1).

If you or a loved one have been contacted by the Law Offices of D. Scott Carruthers for purposes of debt collection, or if you have been sued by the Law Offices of D. Scott Carruthers on behalf of Mountain Lion Acquisitions, Inc., it is imperative you contact us immediately for a free and confidential consultation to discuss your rights.

Related Tags: FDCPA, fair debt collection practices act, California FDCPA, San Diego FDCPA, California debt harassment, San Diego debt harassment, unfair debt harassment, debt harassment lawsuit, fair credit reporting act, fcra, scott carruthers harassment, scott carruthers lawsuit, scott carruthers collection attorney, scott carruthers debt collection​, mountain lion acquisitions, mountain lion acquisitions debt collection harassment, fair debt buyers practices act, FDBPA

Jared Hartman, Esq Posted on February 4, 2015
The FTC has legal enforcement powers to pursue action against companies that violate the Federal Fair Debt Collection Practices Act (FDCPA) for engaging in conduct that amounts to harassment under the FDCPA. The FTC recently published a list on its website of many debt collectors against whom they have been successful obtaining federal court orders prohibiting them from engaging in further debt collection activities. Read the list here http://www.ftc.gov/enforcement/cases-proceedings/banned-debt-collectors.

Additionally, the FTC website above has a link to view other entities against whom it has pursued enforcement actions, but did not obtain an injunction to prohibit further collection activities.

If you or a loved one have been contacted by any of the people or entities named in that list, then you or the loved one may have been the subject of a scam and should discontinue any further communications with the “debt collector” immediately. You should also contact the FTC to report them, and also contact us to see what your rights may be in seeking recovery by way of private lawsuit.

The FDCPA is designed to protect consumers. There are over 40 ways the FDCPA can be violated. If you or a loved one are being contacted by a debt collector, be sure to keep all letters, regularly check your credit report for inaccuracies, and write a journal about every phone call. See our webpage discussing the FDCPA for more information. Do not hesitate to contact us for a free and confidential consultation to discuss your rights.

Related Tags: Fair Debt Collection, FDCPA, debt harassment, banned debt collectors, debt harassment attorney, bankruptcy, San Diego bankruptcy, San Diego debt harassment, Orange County bankruptcy, Los Angeles bankruptcy, Riverside bankruptcy, Temecula bankruptcy, FTC, Fair Trade Commission

Jared Hartman, Esq Posted on January 24, 2015
The law offices of Hartman Law Office, Inc. and Semnar Law Firm, Inc. have recently teamed up with the law firms of Kazerouni Law Group, APC and Hyde & Swigart to file a class action lawsuit against a medical debt collection company called Collection Consultants of California. The lawsuit alleges that the company has been attempting to add unlawful interest to the debt that they allege is outstanding, and when the Plaintiff called to complain about their adding of interest despite the medical provider having never added interest, she was told by a collection agent that they were entitled to interest pursuant to pursuant to Calif. Civ. Code §§ 3287-3289. The lawsuit further alleges that the case of Diaz v. Kubler Corp. (So. Dist. Calif. Nov. 6, 2013) 982 F. Supp. 2d 1146, 1153-1157 holds that a debt collector claiming to be entitled to interest pursuant to Calif. Civ. Code §§ 3287-3289 without first having a judgment in place and without the debtor’s express agreement to be so obligated in the contract creating the debt violates 15 U.S.C. §§ 1692f and 1692f(1) of FDCPA as a matter of law for unfair and unconscionable means in connection with debt collection, including collecting amounts that are not authorized by law or agreement.

If you or a loved one have received any efforts by Collection Consultants of California to collect interest on an allegedly outstanding debt (medical or otherwise), please do not hesitate to contact us for a free and confidential consultation to discuss whether your rights have been violated.

Related Tags: collection consultants of california, FDCPA class action, unlawful interest, debt collector interest, debt collection harassment, fair debt collection practices act, California debt harassment attorney, san diego debt harassment attorney, riverside debt harassment attorney, orange county debt harassment attorney​