Do Text Messages from YouMail.com Violate the TCPA?

by Jake Walton on May 31, 2013

in San Diego Telephone Consumer Protection Act (TCPA) Attorney

If you are a San Diego County resident who has received an unwanted text message from YouMail.com you may be entitled to relief under the The Telephone Consumer Protection Act (TCPA), which bans many text messages sent to a mobile phone using an autodialer.

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CACH, LLC Has Filed 243 Lawsuits Against San Diego County Consumers in 2013

by Jake Walton on February 13, 2013

in San Diego Consumer Credit Debt Collection Lawsuit Defense

If you are a San Diego County consumer who is facing a lawsuit filed by a junk debt-buyer like CACH, LLC for unpaid credit card debt, you are not alone. In just the first two months of 2013, 243 lawsuits have been filed against San Diego County residents by CACH alleging delinquent credit card debt. Of these lawsuits, the vast majority result in a “default” judgment, allowing CACH the ability to seize consumer bank accounts and wages without even having to prove its case in court.

But what happens to a lawsuit filed in San Diego when the consumer chooses to defend the case by either filing paperwork in pro per or by hiring a consumer debt collection defense attorney?

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Jake Walton Has Been Nominated as a Top San Diego Personal Injury Attorney for 2012

June 13, 2012

The Jake A. Walton Law Firm is pleased to announce that Attorney Walton has been nominated as one of San Diego County’s Top Attorneys for 2012 in the area of Personal Injury/Property Damage by the San Diego Daily Transcript. Mr. Walton is both honored and privileged to be listed among a group of skilled and renown litigators that [...]

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The Jake A. Walton Law Firm is Now Located at Symphony Towers, 750 B Street, Suite 3300, San Diego, California 92101

June 3, 2012

The Jake A. Walton Law Firm is pleased to announce the opening of its new law office conveniently located in downtown San Diego: The Jake A. Walton Law Firm, Symphony Towers, 750 B Street, Suite 3300, San Diego, California  92101 At the new downtown location, Attorney Jake A. Walton will continue his efforts to protect San Diego County individuals [...]

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Weighing the Pros and Cons – Bankruptcy v. Debt Collection Lawsuit Defense

May 8, 2012

Whenever I meet with a client who has been served with a San Diego Superior Court debt collection lawsuit, I always weigh the pros and cons of proceeding with a Bankruptcy as opposed to defending the lawsuit. I am not a Bankruptcy attorney, and I have never filed a Bankruptcy petition. Yet at the same [...]

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Internships: First They Were Paid, Now They Are Unpaid. Will They Soon Be Prepaid?

March 18, 2012

There are about 1.5 million internships in the United States each year and half of them are unpaid. Unpaid internships can be a great opportunity – but only if the intern has the resources and the income to support the choice. However, unpaid internships by their very nature discriminate against those who lack income and connections. [...]

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The Number One Mistake in a San Diego Debt Collection Lawsuit: Failure to Properly Respond to Plaintiff’s Motion for Judgment on the Pleadings

March 6, 2012

Over the past three months I have been closely monitoring the San Diego Superior Court’s Law and Motion calendar. During this time I have observed that the single biggest mistake made by a pro per defendant in a San Diego debt collection lawsuit is the failure to properly respond to a “Motion for Judgment on [...]

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A Deadly Weapon in the Collections Industry Arsenal: California’s Prejudgment Attachment Statute

February 18, 2012

California law defines “attachment” as “an ancillary or provisional remedy to aid in the collection of a money demand by seizure of property in advance of trial and judgment. The money or property is held as security for the eventual satisfaction of the judgment, unless released by giving other security.” (C.C.P. §483.010; 6 Witkin, Cal. Procedure [...]

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Why I Practice Consumer Credit Debt Collection Lawsuit Defense

February 14, 2012

People often ask me why I have focused my practice on helping people who have been sued in a debt collection lawsuit. The sentiment that I have received is generally along the lines of “this work cannot be lucrative, financially.” While it is true that consumers facing a collections lawsuit are seldom in a position [...]

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Who is the Plaintiff in a Consumer Credit Debt Collection Lawsuit Filed by a Large Financial Institution?

January 31, 2012

When a large financial institution files a lawsuit to collect on a delinquent debt allegedly owed by a consumer, an initial matter that must be proven is the existence of a relationship between the financial institution and the consumer. Though such evidence should theoretically be easy to come by, the process of moving an account into [...]

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