Legal Question in Credit and Debt Law in California

fair debt law violation

Hi, I am being sued by Ford Motor Credit, who possible purchased the loan from orignal creditor Mazda American Credit. It was a loan on a mini van that got repossed and I still owed the balance of 12k dollars. I would like to find an attorney who is willing to counter-sue them for damages for what i believe is a vilotion on the Fair Debt Practice Act and Regulation Z . That companies process server tried to to serve me my court papers ,but instead of coming to my home and serving me personally they went to my next door neibor and served her with my papers. telling her what I owed ,that Im am being sued ,and that I have to go to court. I hope I am correct in what I think they did is against THE LAW and should never be done to anybody , thay said to me in a pone call conversation that what they did was a mistake, but it does not matter because it is public record. I guess they think I am stupid but I just need some help. If that was the case I think it would be a regular practice to serve anybodies next door neibors if and when anybody had to go to court .-- (626) 672-8462 please help


Asked on 4/19/06, 1:44 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: fair debt law violation

I recognize that you are angry about the process server's conduct by mistakenly trying to serve your neighbor. You might have a common law claim of invasion of privacy. After all, lawsuits are only allegations and not fact until a jury or trier of fact agrees. At the same time, if that's the extent of their alleged misconduct, I would say it's worth biting the bullet and negotiating a payment plan for a reduced amount. Also, unless there's an attorney who specializes in Regulation Z matters and is itching to take on FMC, I'm not sure one would want take such a case on contingency. It could cost you more in attorney's fees and litigation costs fighting this thing than working out a payment plan, given the uncertainty that a jury would be sympathetic to your situation. Good luck!

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Answered on 4/19/06, 9:52 am


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