Potential Defenses To Lawsuits
No Liability
Liability Issues
Sometimes creditors sue parties who are not legally liable for the debt. For example, the owner of an incorporated business may not be personally liable for a bill incurred by the business unless the owner signed a personal guarantee for the bill. Similarly, one spouse may not be liable for credit card charges and other debts incurred by the other spouse.
Also, if a credit card is issued to Mary, and she orders a second card for her son Joe, who is then listed jointly on all the billing statements, Joe may not be liable for the credit card charges that Mary incurred, unless he signed a personal guarantee for those debts.
Hyde & Swigart is a California Law Firm Practicing in the area of the Fair Debt Collection Practices Act ("FDCPA") and the Rosenthal Fair Debt Collection Practices Act ("RFDCPA"). Our lawyers are specially trained in the Federal FDCPA and California State RFDCPA Statutes. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can help.
DISCLAIMER: The information contained in this website is general information for the public. It is intended to be correct, complete and up-to-date. However, it is not intended to be construed as legal advice and is merely advertising material. The reader should not assume that communication with our office constitutes an attorney-client relationship. Robert L. Hyde and Joshua B. Swigart are licensed attorneys in the State of California. Although federal laws apply to many consumer lawsuits where they could represent parties nationwide, Hyde & Swigart do not wish to represent anyone from a state where the information contained in this website fails to comply with all laws and ethical rules of that particular state.