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David B. Levin

David B. Levin

Consumer and Employment Litigation Attorney
  • Consumer Law, Employment Law
  • Illinois, Ohio, West Virginia
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Summary

We represent the rights of consumers in all forms of consumer rights litigation, including lemon law, breach of warranty, debt collection violations, credit reporting issues, unauthorized robocalls and telemarketing calls, consumer fraud and related issues. We also handle employment litigation, including wage and hour cases, overtime pay issues, wrongful termination, discrimination and sexual harassment. Many of the firm's cases are brought as class actions and we handle personal injury cases as well.

Practice Areas
  • Consumer Law
  • Employment Law
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
Illinois
Ohio
West Virginia
Professional Experience
Managing Attorney, Midwest Office
Law Offices of Todd M. Friedman
- Current
Partner, Consumer Rights Litigation
UpRight Law
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Founding Partner
Luxenburg & Levin
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Ohio Department Head
Krohn & Moss
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Owner
Law Office of David B. Levin
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In House Counsel
Funeral Financial Systems
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Associate Attorney and Law Clerk
Charles Brusso & Associates
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Education
The University of Toledo College of Law
J.D. (1992) | Law
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Ohio State University - Columbus
B.A. (1989) | Journalism/English
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Professional Associations
Ohio State Bar Association
Current
Chicago Bar Association
Current
Illinois State Bar Association
Current
Publications
Articles & Publications
11th Circuit Court of Appeals Puts Debt Buyers at Risk
Consumer Bankruptcy Journal
Lemon Law chapter of Ohio Consumer Law
Thomson-West
Speaking Engagements
Collecting on Judgments, NACBA Annual Convention, Chicago, IL
National Association of Consumer Bankruptcy Attorneys
Websites & Blogs
Website
Legal Answers
28 Questions Answered

Q. I once had Sprint serviced back in 2008, I left that phone company to go to another and I still owed a balance
A: The 7-year limit on reporting delinquent debt begins on the date that the account becomes delinquent and is never current again. So, the answer to your question is probably "neither," but would be that point in time slightly later than your last payment when you failed to make a payment when due and then never made another one . Changes made by the creditor, transfer to a debt collector or debt buyer, etc. does not re-set the time limit. However, there are certain actions you can take that can start the reporting period over, such as entering into a payment agreement or making a payment of even $1. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. I am getting calls from a debt collector repeatedly, I got one call before getting their letter since then, they are
A: It's not clear from your question whether you have disputed the debt (which would preclude further collection action until the debt had been validated), but you are correct that the FDCPA prohibits harassment through repeated telephone calls. If these calls are coming to your cell phone, there may be TCPA violations as well. You should talk with a local consumer protection attorney to determine whether you may be entitled to damages. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. How can I get relief or exempt from the garnishment of my wages?
A: The amount that can be withheld from your paycheck to satisfy a judgment is set by state and federal law. Although there are some exceptions, in Wisconsin that limit is typically 20% of your disposable income. You may want to talk with a bankruptcy attorney about whether Chapter 7 might be a good solution for you. Depending on the amount of the debt, your other debts and your income, you may find that bankruptcy provides the relief that you need--the automatic stay that takes place in most bankruptcy cases stops most garnishments immediately, and in some cases recent withdrawals can even be recovered. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. Lowes is attempting to sue my husband for nonpayment for a hotwater heater we never took delivery on. Should we fight?
A: It's not clear from your question whether you have in fact been sued or the creditor has simply threatened to file suit. You also don't say whether or not you've discussed the issue with Lowe's and whether they acknowledge that you did not take delivery on the water heater. It would be worth your while to talk with a local collections attorney as soon as possible and explain in detail what happened, what type of documentation you have and what communications or court papers you have received regarding this claim. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. If I was discharged from Ch. 7 in 2010 can I be billed 5 yrs later for a utility??
A: If the debt was discharged in bankruptcy, later collection action on that debt violates the bankruptcy discharge order. Creditors who violate the discharge order may be sanctioned by the bankruptcy court. Talk to a consumer lawyer in your areas who handles bankruptcy discharge violations to determine whether you have a claim against the utility. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. I had a default judgment 18 months ago for a credit card I did not pay, but they did not contact me anymore, what this
A: A judgment in Texas is typically valid for ten years and can be renewed. There are a few options for addressing a judgment when the creditor is not attempting to collect. For example, some people simply wait until they hear from the creditor or a collection agency. This may buy time, but also may mean that the judgment is levied abruptly with a wage garnishment or other collection activity. Some choose to reach out to the creditor and initiate payment arrangements. The starting point for this would generally be contacting the attorney who obtained the judgment on behalf of the creditor. Depending on the nature of the debt, bankruptcy may be another option--most unsecured debt can be eliminated entirely. A local lawyer would be in a better position to look at the judgment and other aspects of your financial situation and advise you regarding your options. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. I and family members have been harassed by Pinnacle Asset Group about a 14 year old debt.
A: Talk to a consumer protection lawyer in your area. Depending on a number of variables such as how they "scared you," whether or not the collection agency misrepresented the legal status of the debt and the actions they could take, etc., you may have a claim under the Fair Debt Collection Practices Act or a state consumer protection statute. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. Garnishment and GA Statute Law
A: I'm not sure exactly what you mean when you say that "the statute has run out". I'm assuming that you're saying that the judgment is no longer enforceable. If that is the case and if you are very certain that the period during which the creditor can renew the judgment has also expired, you may be able to stop the collection action by simply notifying the collection agency that the judgment is no longer valid. However, it would be worth your while to talk to a consumer attorney in your area for several reasons. One is the risk of miscalculation--if the creditor still has the option of renewing the judgment and does so in response to your objection, the judgment can be repeatedly renewed and this debt could haunt you for a very long time. In addition, if the collection agency is attempting to collect on a time-barred debt and threatening actions no longer available, the agency may well be in violation of the Fair Debt Collection Practices Act and/or state consumer protection statutes. And, you don't say whether or how this debt is appearing on your credit reports, which may be something else you need to get cleaned up. Seriously consider talking to an attorney before taking any further action. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Q. My mom has a judgemenu against her for a past case. She settled for a lesser amount, however they never filed the
A: This isn't a question that can be answered in this type of forum. There are too many variables and not enough information. However, it would be a good idea to take your documentation to a consumer lawyer for review. Depending upon exactly what occurred, whether the debt has been sold, whether she's dealing with the original creditor or a third-party collector and other factors, it's possible that one or more of the collectors may have violated consumer protection statutes in addition to your underlying issue. *David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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Illinois Office
111 West Jackson Blvd.
Suite 1700
Chicago, IL 60604
USA
Telephone: (312) 212-4355
Ohio / West Virginia Office
600 Superior Avenue East
Suite 1300
Cleveland, OH 44114
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Telephone: (216) 902-5002
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