Defenses to a Credit Card Lawsuit - Hood & Stacy

Consent Orders: The consent orders at issue are agreements between credit card companies and governmental agencies such as the Consumer Financial Protection Bureau and the Federal Deposit Insurance Company.

Inconsistencies: The credit card statements are the key documents in a credit card lawsuit and a detailed review of the credit card statements will often uncover wildly varying interest rates and penalty fees.

Contract Amendments: Credit Card Contract Amendments are closely tied to the inconsistencies listed above and the Contract or Card member Agreement memorializes the agreement between the parties and contains the terms and conditions of the account.

Counterclaims: A variety of consumer protection statutes may be used to offset a credit card lawsuit and it prohibits creditors from threatening violence, harassing a debtor or their family with frequent collection calls, using abusive language with the debtor or a family member as well as other unfair collection actions.

Payment Plans: Arranging a payment plan with the creditor can often be the best solution in defending an original creditor lawsuit and most creditors and collection law firms will allow a debtor to enter into a payment plan which can prevent a judgment from being entered as long as you continue to make the payments.

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Business and Corporate Law - Hood and Stacy

 

Having a business law attorney can make a huge difference in the day to day operations of the business which also helps in dealing with a wide range of issues which are related to taxes, finance, business formations, acquisitions, mergers, employment or labor laws, contract negotiations, litigation, etc. There are many different ways in which anyone can structure his or her businesses are:

-      Sole proprietorship: A sole proprietorship is a simple business structure which allows a person to conduct the business as his or her self.

-       Partnership: A partnership is a simple business structure for businesses with more than one owner.

-    Corporation: Forming a corporation establishes a business as a separate legal entity which provides the owners with the limited liability protection.

-       Limited Liability Company: Limited liability companies establish the businesses as the separate legal entities from their owners but allow the owners to report the business gains as well as the losses on their own personal tax returns.

A lawyer can not only help in determining what business structure is the best way to organize the business but a good business lawyer can provide the legal advice one needs to protect the interests and grow or maintain the business.

 

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Leasing & Replevin - Hood and stacy

In addition to representing banks and other lending institutions, Hood & Stacy’s attorneys have been actively involved in representing collateral lenders throughout the United States for over 20 years.

Our firm has special focus on the execution of leasing agreements and is a proud member of the Lease Enforcement Attorney Network (LEAN). 

The use of a replevin claim in connection with a breach of a contract case can have the same impact as a preliminary injunction where the subject of a dispute concerns personal property. A replevin action is where a plaintiff brings a claim asking the return of wrongfully held property during a pending lawsuit for damages or breach of contract. Like a preliminary injunction, a replevin claim is initiated in Colorado upon filing a sworn pleading with the court. The court will set an evidentiary hearing (called a show cause hearing) within 14 days where the judge is asked whether the property held by the defendant should be taken and given to the plaintiff. The court may make preliminary factual findings as to the ownership or rights to possession in the property pending final resolution of the case.

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