FAQs: Frequently Asked Questions and Answers

Here are some of our team’s FAQs. Our office is located in Los Angeles, California, but we practice law throughout the entire state. If you are calling from outside of California, we are happy to help you by referring you to an attorney in your area, since we have a nationwide network of excellent attorneys with whom you can connect. Whether or not you reside in California, if you own real property which is located in California, or, if your vehicle was purchased in California, please call us for a free consultation to see if we can assist you with your case.

A summons is a court document that notifies the people you are suing (the defendants) that there has been a lawsuit filed against them. This document must be served upon the defendants within 60 days after filing the lawsuit or the court will dismiss the defendants from the lawsuit. The filing of a summons requires a court filing fee; without this, your case cannot begin.

A complaint is an opening document in a lawsuit, upon which your entire case is built. The complaint will contain all of the facts and arguments necessary to convince the court of the merits of your legal issue. The strength of any case depends upon your specific set of facts and how well the law can be argued and applied to them. A complaint must be well-written and coherent, which is exactly what our experienced team of attorneys and writers will accomplish to help you win your case.

Service is the act of delivering the opening lawsuit papers (the summons, complaint, and other documents as provided by the court) to the defendants in your case. Service may be accomplished in a number of different ways, but the preferred and most common method is personal service, in which each defendant is hand-delivered a copy of the summons and complaint by a person over the age of 18 who is not part of the lawsuit. Our firm typically accomplishes this by hiring an experienced, licensed, and bonded company. When personal service cannot be effective, alternative methods may be used.

A hearing is an “appointment” with the court in which the attorneys must appear. A hearing can refer to a simple case management conference, where the judge (i.e. the court) will ask about the status of the case. A hearing can also allude to a motion hearing, where the judge will hear arguments for and against a request made by either the plaintiffs or defendants. Appearances at hearings may be made in person, by CourtCall® conferencing, by telephone, or by an appearance attorney.

CourtCall is a third-party online scheduling service that allows attorneys to make certain court appearances by telephone or video conferencing. Using Court Call can save clients time and money because the attorney can make a required appearance without having to physically travel to the court.

An appearance attorney is an outside lawyer who is hired to make a special appearance on behalf of a law firm. The Consumer Action Law Group has close professional relationships with many experienced attorneys who can effectively represent you in the rare instance we are unable to make an appearance.

A motion is a two-part request made to the court either by the plaintiffs or the defendants. The first part of the motion is the paperwork, which the moving or requesting party must file with the court. The paperwork must show what the party is requesting, why the request is being made, and the legal grounds to support the request. The other party must respond to this paperwork by filing an opposition. Then the court will have a hearing in which both parties will argue for and against the request. Based on these arguments, the Judge will either grant or deny the motion. A motion typically costs $60. The court may also charge a court reporter fee of about $30, depending on the judge or county.

A demurrer is a special kind of motion made by the defendants that challenge and attacks the legal sufficiency of the plaintiffs’ complaint (the word demur means “to object”). A demurrer can seek the dismissal of specific parts of a lawsuit, or alternatively, call for the entire lawsuit to be thrown out. A demurrer follows the same rules as any other type of motion, as described above.

Filing a lawsuit against a car dealership involves a series of steps: from writing a filing a complaint and summons to going to court and making the argument before a judge. The most important step is to make sure that you accurately describe all facts and details to make the legal arguments that apply and support your claim.

You can contact your state lawyer or attorneys that practice Auto Fraud or an auto fraud attorney to file your case. You can file the case by yourself by going to court, but it is not recommended since most auto fraud attorneys don’t get paid unless they win the case.

When you file a lawsuit the number one thing you should consider and required is to hire an attorney that works under your state since every state operates differently. For auto fraud claims in California, you can hire Consumer Action Law Group. We have a team that would love to talk to you for free!

You can hire an auto fraud specialist at ConsumerActionLawGroup.com. We have a team of attorneys that can evaluate and fight for your fraud case at no charge.

It is best to contact an auto fraud lawyer that practices within your state and they can help you file a lawsuit. For those that live in California and wanted to sue a car dealership, you can contact us! We will evaluate your case for free. If your case is strong we will fight for you at no cost to you. All costs will be applied to the dealer.

Foreclosure is a legal process that allows a lender to sell a property in order to repay a loan after a default. In simple terms, a foreclosure allows the bank to sell the home to collect the money that they loaned.

The lender must stop the foreclosure process if the past-due balance is paid or if there is a court order or a written agreement signed by the lender. A court order can either be the result of a lawsuit or a bankruptcy filing. A lawsuit requires a hearing and a written order from the court. A bankruptcy filing automatically stops a foreclosure from moving forward [as long as there have not been prior bankruptcy filings within the year]. Common agreements that stop a foreclosure: short sale, deed in lieu of foreclosure, loan modification (for those who can demonstrate hardship).

To stop a California foreclosure it is best to file a bankruptcy or to obtain a court order stopping the sale, otherwise known as a temporary restraining order[TRO].

To stop a California foreclosure without filing bankruptcy you will need to obtain a court order stopping the sale, otherwise known as a temporary restraining order[TRO].

As a rule, the lender cannot foreclose if a borrower continues to make monthly mortgage payments. If a borrower defaults and misses more than 3 monthly mortgage payments, the lender is legally entitled to start the foreclosure process. Once the foreclosure process starts, the borrower can stop the foreclosure by either catching up and paying the past due balance, or taking other action.

The best way to prevent foreclosure: don’t miss any mortgage payments. If you are struggling to prevent foreclosure after missing mortgage payments it is best to call and discuss your situation with an experienced attorney. It may be possible to file a lawsuit against a mortgage company or lender if they are violating the law.

A deed in lieu is an agreement between the lender and the borrower to avoid the foreclosure process. The borrower agrees to give a title to the lender and the lender agrees to allow the borrower to walk away from the property without any additional obligation. The agreement determines whether the borrower will owe any additional amount to the lender [if the property is upside down or if there is any past due amount that the lender will not forgive].

To obtain a deed in lieu of foreclosure, it’s best to contact a specialized attorney that practices Real Estate law or a foreclosure attorney.

A loan modification is an agreement between the lender and the borrower to modify the loan terms [usually lowering the monthly payment and/or the interest rate]. There is no requirement for the lender to modify the loan. In general, a loan modification is a voluntary restructuring of debt by the lender to make it possible for a borrower to remain in the home and to make payments to the lender under new terms.

A borrower must demonstrate hardship in order to qualify for a loan modification. The lender must be willing to voluntarily modify the loan after reviewing the borrower’s application. In most cases, in addition to past hardship, the borrower must demonstrate the ability to make payments to the lender before a loan will be modified.

Consumer Action Law Group is the firm most homeowners in California turn to when looking for an affordable foreclosure attorney. Clients located outside of California, Consumer Action Law Group often refer to affordable foreclosure attorneys for homeowners in need.

To stop a California foreclosure it is best to file a bankruptcy or to obtain a court order stopping the sale, otherwise known as a temporary restraining order[TRO].

If you’re looking for more information on the foreclosure process and a look at the timeline here is a good resource: https://www.propertyshark.com/info/foreclosure-process-california/

Filing a lawsuit against a mortgage company or lender involves a series of steps: from writing a filing a complaint and summons to going to court and making the argument before a judge. The most important step is to make sure that you accurately describe all facts and details to make the legal arguments that apply and support your claim.

To sue a mortgage company, it’s best to contact a specialized attorney that practices Real Estate law or a mortgage litigation attorney. For those that live in California, it is best to contact us and talk to one of our foreclosure lawyers. The call may save your home and your credit score!

Yes. A lender can sue a borrower after foreclosure. The most common lawsuits against a borrower are eviction lawsuits [unlawful detainer actions] and deficiency lawsuits [brought by lenders that are trying to recoup their losses after a foreclosure sale].

To defend a lawsuit against a lender it is best to hire a litigation attorney with years of experience in this area of law [eviction and mortgage litigation specifically].

YES! It is illegal to foreclosure on a home during a loan modification in California. Under the California Homeowner Bill of Rights, a lender is required to stop the foreclosure process when the borrower is under review for a loan modification. This violation is called “dual tracking”. It is best to talk to an experienced attorney if your lender is moving forward with a foreclosure or sending you notices threatening to move forward with foreclosure while you are in the process of applying for a loan modification.

Predatory lending is when a lender charges a borrower very high-interest rates or otherwise takes advantage of a borrower. Some common examples include lack of disclosure, not translating documents, not explaining the terms of a loan, or misrepresenting important facts and figures.

To stop predatory lending it is best to hire a predatory lending attorney with years of experience in this area of law [mortgage litigation specifically]. For those that live in California, it is best to contact us and talk to our mortgage lawyer. It is free.

A litigation attorney is a lawyer who files lawsuits. The term “litigation” usually refers to a lawsuit filed in civil court [not a criminal matter]. When a lender violates the law, a litigation attorney files a lawsuit on behalf of the borrower.

Bankruptcy is a legal process that makes it possible to eliminate unsecured debt [credit cards, medical bills] while keeping necessary assets [House, car, personal belongings]. Bankruptcy can be filed by a person or a company. Bankruptcy also makes it possible to repay past-due debt owed for secured loans [mortgages, car loans] through a payment plan.

A Chapter 7 bankruptcy is filed to eliminate unsecured debt. Chapter 7 can be filed by a person or a business to wipe out credit cards, medical bills, or loans that are not secured by assets.

A lawyer can file a bankruptcy electronically using a dedicated account and specialized software.

Yes, after filing bankruptcy there is a mandatory meeting that requires personal attendance.

The simple calculation is total arrears spread out for 60 months of payments. For example, $30,000.00 in arrears translates to a $500 monthly payment [for a 5 year repayment plan]. These figures are very rough estimates and the calculation is based on any/all debts that will be repaid.

In general, benefits of bankruptcy include: stopping foreclosure, eliminating debt, eliminating medical bills, eliminating person loans, eliminating IRS debt more than 3 years old, stopping wage garnishment, stopping collection calls, eliminating judgments, stripping a 2nd or 3rd lien [HELOC], stopping collection calls, saving a home or car from repossession by the bank, re-paying missed mortgage or car payments to catch up in a repayment plan, re-establishing and improving credit.

In general terms, there is a period of time for all parties to clear up any disputes about debt that will be eliminated, and after that period of time passes, the debt will be wiped out [discharged]. Upon discharge, no further claims can be made to collect any debts that were eliminated.

Yes, bankruptcy often has a positive impact on a credit score, resulting in an immediate boost at the time of filing.

Discharge from Chapter 7 bankruptcy usually occurs within 6-12 months from the date of filing [depending on the location of filing]. Discharge from Chapter 13 bankruptcy usually occurs within 3-5 years from the date of filing, depending on the length of the repayment plan.

In general, filing bankruptcy eliminates credit card debt, medical bills, personal loans, IRS debt more than 3 years old, as well as stopping wage garnishment, stopping collection calls, eliminating judgments. Chapter 13 can be filed to strip a 2nd or 3rd lien [HELOC].

Filing bankruptcy does not result in losing all assets. Filing bankruptcy protects assets such as home equity, retirement savings, the primary home, the primary vehicle, and household goods.

Filing bankruptcy will result in the cutting off credit cards, and it will make it difficult to qualify for a major purchase [such as a home or car] for a period of one year or more. Government employees may also be affected in their employment, and many employers ask whether applicants have filed for bankruptcy in the past.

o file for Chapter 7 bankruptcy you can contact a bankruptcy attorney within your state. For those that live in California, you can contact us and we will evaluate your case for free.

Chapter 13 is bankruptcy is filed to eliminate unsecured debt and to repay secured debt and other debt obligations in a payment plan. Chapter 13 can be filed by a person or a business to wipe out credit cards, medical bills, or loans that are not secured by assets. In some cases, Chapter 13 is may also be used to eliminate unsecured home loans or second mortgages. This is what is commonly referred to as a lien strip. As a rule, in order to file Chapter 13 bankruptcy, the court requires proof of income sufficient to pay the monthly mortgage, any car loans, all monthly expenses plus a plan payment [to catch up on past due to secured debt obligations.

A chapter 13 is similar to chapter 7 as far as eliminating unsecured debt. It is different with respect to repaying debts such as a mortgage or car loans. Most people choose to file chapter 13 when they have fallen behind on mortgage or car payments and they want to start repaying while catching up on the past due payments [in a 3-5 year payment plan]. As a rule, in order to file Chapter 13 bankruptcy, the court requires proof of income sufficient to pay the monthly mortgage, any car loans, all monthly expenses plus a plan payment [to catch up on past due secured debt obligations]. A chapter 13 also makes it possible to strip a second lien [as long as it is not secured] such as a HELOC or a 2nd mortgage.

Most individuals and companies choose to file bankruptcy in order to stop harassment from a creditor and relieve extreme pressure. Common examples: foreclosure sales, collection lawsuits, wage garnishment, IRS claims [3+ years old], car repossessions, evictions. Upon filing bankruptcy a creditor must immediately stop any/all efforts to collect their claim and answer to the court to continue with their efforts while abiding with the bankruptcy code. In general, it is best to declare bankruptcy when the pressure from creditors is too much to handle or there is legal action pending that will cause the loss of a home, car or wages.

Filing bankruptcy involves a series of steps: from completing the required forms to going to court and appearing before a judge. The most important step is to make sure that you accurately disclose all debts and liabilities to the court and to make sure that your assets will be protected from creditors.

In order to file bankruptcy, there are forms that the court requires and specific information that must be provided. The forms must be completed with accuracy and detail and all debts and assets must be disclosed. When filing the forms at the court, a filing fee must be paid and all forms must be completed in a timely manner or the court will dismiss the case.

To file bankruptcy it is best to contact a bankruptcy attorney within your state. For those that live in California, you can contact us to evaluate your case.

Bankruptcy legal fees generally range from $800 for a simple individual Chapter 7 up to $4500 for a complex Chapter 13, plus additional filing fees that are paid directly to the court. There are services that prepare forms for those inclined to save legal fees, but the process can be intimidating for those who do not want to spend money on a lawyer, and many people who file without a lawyer lose the many benefits of chapter 7 or chapter 13 filing. As a rule, Chapter 11 requires a lawyer and a much more expensive legal fee.