A story of consumer defense during the pandemic
By Betty Serrate, Staff Attorney
The year 2020 started reasonably well for my client, Agapito Santos (fictious name). At 69, he was employed at a local golf course as a cart attendant and was enjoying the life he created after immigrating to this country years ago. He was proud of his relationship with his adult children whom he saw frequently. Although there was some struggle as he lived paycheck to paycheck and had to make ends meet by using credit cards, Agapito was nevertheless fairly relaxed. Things changed rapidly, however, when he suddenly faced a medical crisis.
Medical crisis raises consumer debt
Agapito’s medical problems required him to be absent from work, which led to a layoff. As he attended to numerous medical appointments, he quickly learned that doctor visits, diagnostic tests, and medication all came with out-of-pocket medical expenses not covered by Medicare. In one month’s time the once easygoing Agapito was stressed and overwhelmed by his loss of income, mounting medical expenses, and credit cards payments not timely made.
On March 1st, he was served with legal documents that stated a debt buyer company was suing him for $3,200. What confused him was that the plaintiff was not a name he recognized. Not wanting to trouble his children with it, he did not share with them what was happening, but he did decide to contact us for help.
Agapito was set for an appointment at the Consumer Debt Clinic on March 17th. Two days after scheduling the appointment, he received a second stack of documents. He noted they looked the same as the documents he previously received. Bewildered, ashamed, and also not feeling well, he placed them aside.
In defense of the consumer
My last day in the Santa Ana office just prior to stay at home orders was March 11th and so I never got the chance to conduct the Consumer Debt Clinic for which Agapito was scheduled.
To ensure we could continue to serve the clinic’s clients, we worked quickly and developed remote procedures regarding Consumer Defense Litigation. With the help of management, the Intake and Assessment Team, Database Manager John Cross, and the blessings of the Economic Maintenance Unit, which encompasses Consumer Defense, we were able to implement a series of Santa Ana Consumer Defense appointments where I began to meet remotely with clients, including Agapito.
He and I had a series of remote meetings between March 19th and 27th. During those critical meetings, he was able to electronically deliver documents, which was our first accomplishment as he is not email savvy.
By early April I had prepared all the necessary responsive documents to avoid a default judgment on the original Summons and Complaint. I explained to Agapito that the Orange County Superior Court was closed and that his responsive documents could not be filed.
I spoke to him on a regular basis to give him updates on court closures. It was during one of those conversations that he thankfully mentioned the second stack of documents. I eventually ascertained that the second stack was not a duplicate of the first stack, but instead, a replica except for the case number and the dollar amount in dispute. The debt buyer company had sued him twice, on the same set of facts, but for two separate amounts in controversy. They double dipped with inaccurate amounts adding to his confusion and anxiety.
Cases such as Agapito’s are stressful as the plaintiff generally prefers obtaining a default judgment so that they can levy bank accounts. Knowing his medical condition, I didn’t want Agapito to live with the stress of litigation and the never-ending fear of a possible default and levy.
Sharing resources and empowering the client
I coached him on the possibility of obtaining a settlement on both matters. I used my own education, training, and experience but I also relied on any information and instructional videos that I gathered from the Orange County Superior Court website and the Judicial Council of California website. I shared all the information that I had with him, and I urged him to do everything possible to resolve the matter.
The Orange County Superior Court softly opened on May 26th. Agapito appeared at the courthouse the next day to file documents on both cases and was turned away. He persisted and was given an appointment to return several days later where he was able to avoid a default by filing his responsive documents on both cases. I was delighted and he was relieved.
Settlement and case closed
On July 27, 2020, Agapito was able to settle both lawsuits. He did finally confide in his adult children, after I encouraged him, and they helped him to come up with a little bit of upfront money.
I further assisted him with reviewing the proposed settlement documents and with confirming, since then, that both matters have been dismissed.
The case is closed but I did speak to him afterwards. I asked him how things were going with the payment plan and whether there was anything else that I could help him with. He replied, “Attorney Betty, I just want to meet you when we are able to do so!”
Now a year later, I still look forward to when I can return to the office and personally meet this gentleman face-to-face, just for a moment, and share our connection borne from eliminating legal and financial stress during this unprecedented time.
