Business Law

Consumer Law

Bankruptcy Law

Family Law

SE HABLA ESPANOL - O TRATO HABLAR CERCA ESPANOL

BITCOIN

It appears that I am the first person (attorney or otherwise) in the United States to obtain a judgment based on a Bitcoin loan.
My client from Brazil, who still lives there, made a loan in Bitcoins through a P2P lending platform called BITjam, to a Kentucky resident. The resident did not pay anything back – apparently, he just kept the money.
The client obtained an arbitration award through net-ARB. However, he could not do anything with the award.
So, he called me from Brazil and I figured I would give it a shot. After sending a collection letter and seeing the fellow’s response, I filed the lawsuit. The fellow answered and based on his answer, I asked the Court for a judgment.
At the hearing, I explained that an arbitrator already ruled in favor of my client and there was a breach of contract in that no money was paid back on the loan. The Judge seemed relieved that there was already an arbitration award – which saved me going through the long-winded speech about Bitcoin (apparently, I was one of three people in the courtroom of about 50 people who was relatively familiar with it) and allowed the Judge to rely on the fact that someone else examined the claim. So, he granted the Motion for Summary Judgment (he issued the judgment).
With the judgment, I have pursued the fellow – reached out to all of the banks in the county looking for bank accounts, putting a lien on any real property he may have or get in the county, searching vehicle records through the Department of Motor Vehicles and sending him post-judgment questions to search for assets and income (which if he does not answer, could possibly result in sanctions by the Court).
Still chasing.
All of this is public record.

Collection Defense - credit cards, finance companies, etc.

Just because you got sued or are being dunned on a debt and think you owe it, you may not.

There are bunches of defenses, amongst them could be does the creditor own the debt, is it your debt, can they prove it is your debt, do they have those records?

A lot of creditors just sue and hope you will ignore the lawsuit. If an attorney is involved, creditors seem to prefer low-hanging fruit and attorneys tend to put the fruit at the top of the tree.

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O tratar de hablar español. Damos la bienvenida a los hispanohablantes a nuestra oficina.

Bankruptcy Law

Consumer Bankruptcy: Chapter 7 (liquidation); Chapter 13 (Payments).

If you do owe the debts and were unsuccessful in defending the lawsuits and now you are being garnished (money taken from your check or bank account), this may be your only option.

Some creditors don’t even need a judgment – like student loans or medical bills through an agency of the government.

Areas of practice

  • Family Law

    I can help with divorce, custody, time-sharing, child support and adoption, both contested and uncontested.

  • Consumer Law

    Consumer law includes defense of consumer debts, whether from an insurer, credit card company, a purchaser of credit card debts, finance companies, or from another individual. This would include responding to collection letters and lawsuits.

  • Credit Law

    This would include  if your credit is being damaged by improper negative reporting of debts.

  • Foreclosure Defense

    This includes if you are in foreclosure or being threatened with foreclosure, including specifically, if the bank miscalculates what you owe in collection letters or you are in foreclosure.

  • Debt Resolution

    This includes if you are trying to resolve your debts, including trying to get a reduction in principal or better payment schedule from the creditors.

  • Deficiency Debts

    This would include if you had a loan on something that was repossessed and then sold and you are being chased for what is left owing on the debt after the sale of your item (deficiency).

  • Business

    This includes if you wish to have business purchase contracts, leases, and other documentation reviewed. Also, business formation advice on a small-scale can be provided.

  • Defense of businesses in collections and lawsuits

    This includes if your business is receiving collection letters and lawsuits regarding claims of debts. This even includes satellite and cable interception claims by satellite and cable companies and their distributors.

  • Collection letter defense

    If you receive a collections letter, we can respond to it and try to discourage any furtherance of trying to collect the disputed debt.

  • Collection Agency Defense

    Collection agencies tend to be rough on consumers, so this would include cease and desist letters and significant threats to counterclaim the agency if a lawsuit is filed if there were legal errors on the part of the agencies.

  • Civl litigation Defense

    Some defense of lawsuits defy categorization; I may be able to assist in those situations as well.

  • Consumer Claims

    It may be that instead of waiting to be sued, you wish to file a lawsuit first or to get relief for a violation of consumer law.

Credit Card Debt Defenses

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Defending credit card lawsuits: “The most important point of defending these lawsuits is that it is the obligation of the creditor to prove its case to win.” There are three basic aspects in these credit card defense cases, which can be used together or separately. a. Fair Debt Collections Practices Act (FDCPA) This only applies to […]

All/Bankruptcy/Credit Card/Foreclosure Defenses/Medical Bill Defenses/Possible Defenses

Contact us 859.268.1110

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