Tara L. Goodwin
Edelman, Combs, Latturner & Goodwin, LLC
- Consumer Law
- Contingent Fees
- Free Consultation
Jurisdictions Admitted to Practice
|Member, Edelman, Combs, Latturner & Goodwin, LLC|
|Chicago-Kent College of Law - Illinois Institute of Technology||J.D.|
|Honors: High Honors Order of the Coif|
|University of Chicago||B.A.||Public Policy|
- Overall: 218th
- This Year: 127th
- Overall: 5 Answers
- This Year: 1 Answers
Q: If someone got a check from a class action lawsuit, but accidently threw it away, can he request another one?
A: Most of the time you should be able to get a new check, if you make the request promptly, and the check you were issued has not been cashed. They may require you to pay the stop payment fee on the earlier check. Make your request quickly, because in many class actions, unclaimed money goes to charity or back to the defendant a certain amount of time after the checks are issued.
Q: Sears was suppose to refund me some money over a month ago and I still have not received it. What can I do?
A: You can start by writing a letter demanding your refund. If that doesn't work a complaint to the Better Business Bureau or the Illinois Attorney General's consumer division might get their attention. Depending on how much money is involved, you could also contact an attorney who specialiazes in consumer law.
Q: I sent a check to a entertainment promotor for a concert (Katy Perry)concert that did not happen. What can I do?
A: You may be able to sue for breach of contract, or possibly violation of the Illinois Consumer Fraud Act (depending on the specific facts). You can file suit yourself in small claims court. You might also be able to get results by complaining to the consumer division of the Illinois Attorney General's office. Finally, you might want to talk to a consumer class action attorney, if you believe there are lots of other people in your situation and the promoter is refusing to return anyone's money.
Q: Midland funding is taking us to court
A: The fact that she made a payment on the debt will definitely be used against her. The other problem the payment likely caused, was that it may have restarted the statute of limitations. In our experience, debt buyers, such as Midland Funding, often do not have the documents or witnesses they need to prove you owe the debt. I recommend that consumers being sued by debt buyers such as Midland consult an attorney who specializes in consumer law to see if they have any defenses. Many consumer attorneys will defend collection cases for a small fee, and debt buyers will often dismiss the case, rather than spending money litigating against an attorney. A good consumer attorney can also review all of the facts and see if you have any claims against Midland, its attorneys, or any collection agencies that are involved, for violation of the Fair Debt Collection Practices Act.
Q: Judgements and Levy
A: I've never heard of a creditor in a credit card case trying to take any personal property to satisfy the debt. They are mostly interested in money -- whatever they can find in bank accounts or by garnishing the wages of somebody with a job. They might put a lien against real estate you own, but if the property is mortgaged, they are unlikely to attempt to execute the lien, especially if you have no equity, which is unfortunately the case for so many consumers right now.