CONSUMER LAW OFFICE OF ROBERT STEMPLER,
A PROFESSIONAL LAW CORPORATION
Consumer Law Offices of Robert Stempler, a Professional Law Corporation (the “Firm”), and its principal, Robert Stempler, are authorized by the State Bar of California to offer legal consultations and services only on cases that may be based in California, where Mr Stempler is licensed to practice. The Firm and Mr. Stempler are each a debt relief agency, as they may help people file for bankruptcy relief, under the United States Bankruptcy Code.
The materials on this Web site are copyrighted by the Firm and available on the World Wide Web for educational purposes only. Thus, written consent of the Firm's principal is required for commercial use or distribution. Though the views expressed are believed to be accurate for California Superior and U.S. District Courts, no materials in this Web site should be construed and are not offered as legal service or professional advice. Certainly, none of the materials address the facts or evidence in any visitor's particular case. Visitors are urged to seek legal advice from competent legal counselors within their respective state of residence, though the Firm has sometimes represented out-of-state consumers in cases against debt collectors having their place of business in California.
When the Firm responds to an e-mail received, the author attempts to understand the limited facts presented and offer suggestions and/or thoughts based on the implicated laws. Such responses are limited in usefulness and tentative, as insufficient information is typical and the facts presented contain only one side of a case that may have several possible views and interpretations of the facts and evidence. Such responses are provided for educational purposes only and cannot replace a complete analysis of the facts and review of available evidence.
The Firm does not accept all cases presented or prospective clients with whom an actual or potential conflict exists. In numerous instances, there may appear to be insufficient evidence for the Firm to consider representation. The Firm may reconsider a matter, however, if further evidence or facts develop at a later time.
Some of the views expressed on this Web site relate to debt collection and credit card lawsuits. Refusal to settle a lawsuit based on a contract, naturally, entails a number of risks and ramifications. For example, the creditor or debt collector may furnish derogatory information to one or more credit reporting agencies, thereby damaging the consumer's credit scores. Defending such lawsuits is costly and the party enforcing a contract often seeks attorney's fees and costs against the party in default, which the court may award, under certain circumstances. Accordingly, experienced legal counsel should be consulted, before the consumer decides not to settle a debt collection or credit card lawsuit.
Almost all laws (a notable exception is for the crime of murder and repayment obligations on many student loans) contain a statute of limitations period and some consumer statutes contain other significant requirements. A statute of limitations may have intricate formulas as to when the limitations period starts, expires, and “tolls.” Until a client is represented under a signed, written fee agreement, the Firm is not responsible for compliance with any requirements or deadlines, including, but not limited to, any statute of limitations period. If the prospective client believes that he or she was harassed by a debt collector in connection with a consumer debt, generally the civil lawsuit must be filed in a court of law within one year (365 days) from the date of occurrence to seek actual damages and attorney’s fees under the Fair Debt Collection Practices Acts (federal and California). There are exceptions that may lengthen the statute of limitations period, which require evaluation of the facts and evidence.
A testimonial in this Web site reflects part of an opinion from a former client and is not intended to represent all the views of such client, nor is it intended to generalize the views of all or even most clients. Future results may vary, and are dependent on the particular individual’s facts, evidence, and circumstances
Statements on this Web site are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If this is no signed attorney-client fee agreement with the Firm, then until such written fee agreement or contract is provided and signed by both a prospective client and the Firm for a particular case, then neither Mr. Stempler nor the Firm will have any obligations to represent or assist such prospective client and the prospective client remains responsible for retaining his or her own attorney and for compliance with all deadlines and for any statutes of limitations that may pertain to potential claims. Nevertheless, communications with Mr. Stempler by a prospective client on a California legal matter remain confidential and are considered privileged.