Firm News

Lara Gardner to Lead Vancouver, Washington Bankruptcy Office

Lara Gardner has been designated the lead attorney in Baxter & Baxter, LLP's Vancouver, Washington office. The Washington bankruptcy attorneys of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.

Baxter & Baxter, LLP
Vancouver, Washington Office
1101 Broadway Street, Suite 213
Vancouver, Washington 98660, USA
Tel. 360.574.5239 | Fax 360.326.1613


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Baxter & Baxter, LLP's Vancouver, WA Bankruptcy Office Moves

Baxter & Baxter, LLP, has opened its Vancouver, Washington bankruptcy office, to serve Clark County, Cowlitz County, Pacific County, Wahkiakum County, and Skamania County. The Vancouver, Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. The new office is located at:

1101 Broadway Street, Suite 213
Vancouver, Washington 98660, USA
Tel. 360.574.5239
Fax 360.326.1613


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Baxter & Baxter, LLP, Opens New Vancouver, Washington Bankruptcy Office

Baxter & Baxter, LLP, has opened a new Vancouver WA bankruptcy office, to serve Clark County, Cowlitz County, Pacific County, Wahkiakum County, and Skamania County. The Vancouver, Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. The new office is located at:

1101 Broadway Street, Suite 213
Vancouver, Washington 98660, USA
Tel. 360.574.5239
Fax 360.326.1613

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Justin Baxter Recognized by Super Lawyers as "Rising Star" in Oregon

Justin Baxter, of Baxter & Baxter, LLP, has been recognized as a "Rising Star" by Law & Politics, a publication of Key Professional Media, Inc. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

ABOUT RISING STARS

The General Survey

Lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. They are instructed to nominate lawyers they have personally observed in action — whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

The Research Process

In addition to the general survey, the attorney-led research team reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The research staff also confirms that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list.

The Final Selection Process

The point totals from the general survey and research process are then added to arrive at a final tally. The lawyers are ranked by point totals and those with the highest point totals are named to the Rising Stars list. No more than 2.5 percent of the lawyers in the state are named to the list. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.

Baxter & Baxter, LLP, Attorney Quoted in NY Daily News on Unlawful Debt Collection Practices

Justin Baxter was interviewed by the NY Daily News about debt collection harassment in the digital age. Baxter commented that the use of social networking sites (such as Facebook) "is part of a much larger pattern that has evolved over the last decade where collectors and creditors are using technology to be more creative and aggressive . . . ."

Click here for the original story.

Baxter & Baxter, LLP, Attorney Comments in the Oregonian: How ironclad is that consumer contract?

A deal's a deal

The Desk has heard from a slew of readers in recent months struggling to cancel or change common consumer contracts such as those with gyms, Internet providers and cable and satellite companies. So have consumer lawyers and advocacy groups, which say there's been a jump in the number of people seeking help nationwide -- including some who've already fallen behind on contract-related payments and face debt collectors.

Judges typically hold consumers to their contracts, said Justin Baxter, a consumer protection lawyer in Southwest Portland, who is seeing more issues crop up in connection with contracts. It doesn't help, he said, when angry consumers fail to follow directions and do something like mail a cell phone back to a provider instead of send in the required certified letter to cancel.

Still, he noted, businesses have teams of lawyers on their side, while consumers typically don't.

"These documents could be written in such a way that it's easier for consumers to get a remedy," he said "To the extent that consumers are confused or stymied in their efforts to cancel contracts, equal responsibility falls on the business and the consumer."

Christine Cruz agrees but said she didn't get much of that give-and-take during a recent experience.

The North Portland resident had asked the Northwest Fighting Arts School for a break on a yearlong contract for classes her son was no longer interested in taking. She paid the $124 monthly charge in July, but asked to cancel the remaining $1,364 worth of payments.

Click here to read the whole story.

Justin Baxter Receives Martindale-Hubbell AV Rating

Justin Baxter, of Baxter & Baxter, LLP, has received the prestigious AV Peer Review Rating from Martindale-Hubbell. The AV® rating is the highest such peer review rating available to any individual lawyer.

The Martindale-Hubbell Peer Review Ratings system is based on the confidential opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. Martindale-Hubbell representatives conduct personal interviews to discuss lawyers under review with other members of the Bar. A compilation of these opinions from various sources is necessary to form a consensus, and lawyers under review are sometimes asked to provide professional references to assist with the process. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated. Members of the Bar are instructed to assess their colleague's legal ability and general ethical standards.

There are two components to Martindale-Hubbell Peer Review Ratings:

1. General Ethical Standards Rating
The General Ethical Standards Rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities.

The General Recommendation Rating is:
V - Very High

A lawyer must receive a General Ethical Standards Rating before his or her review can proceed to the next step.

2. Legal Ability Ratings
Legal Ability Ratings take into consideration the standard of professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. If a lawyer's practice is limited or specialized, Martindale-Hubbell Peer Review Ratings are based on performance in those specific fields of law.

Legal Ability Ratings are:
C - Good to High
B - High to Very High
A - Very High to Preeminent

Baxter & Baxter, LLP, Attorney Briefs Congressman Blumenauer's Staff on Consumer Law Issues

Justin Baxter was invited to meet today with members of Congressman Earl Blumenauer's Portland, Oregon and Washington D.C. staff for a question and answer session on consumer law topics. Among the subjects discussed were the increasing numbers of consumers experiencing problems with mortgage lenders and credit card banks, and possible resources and solutions for these consumers.

Congressman Blumenauer represents Oregon's 3rd District, which incorporates Portland, Multnomah County, and Clackamas County. He is well known for his livable communities initiatives. For more information on Congressman Blumenauer, visit his website here.

Baxter & Baxter, LLP, Lawyer Quoted on CNN Money on Disputing Debts

Justin Baxter was quoted in a CNN Money article with Gerri Willis, CNN's personal finance editor, on how to dispute debts to debt collectors. Baxter noted that many debts were subject to a three to six year statute of limitations, after which time, creditors could no longer sue a debtor.

Baxter & Baxter, LLP, represents consumers who have been sued for debts that they do not owe. If you have been served with a complaint and summons, time is of the essence. Strict time limits apply to file a formal appearance with the court that you have been sued in. The appearance must be in the proper form, must contain certain required statements, and the applicable fees must be paid at the time of filing. Failure to do any of these things can result in a judgment being entered against the defendant.

Consumers often learn of a judgment entered against them that they were unaware of because they moved, or because they were not served with papers. It is more difficult to set aside a judgment when it has been entered. However, where the facts of a particular case permit a judgment debtor to vacate a judgment, and prevail on the underlying case, Baxter & Baxter, LLP will represent consumers in such cases.

Finally, in a small proportion of cases, the lawsuit has been filed outside of the applicable statute of limitations. If a case has been filed more than six years after the last payment, it is possible to avoid a judgment. Additionally, for particular credit cards, it is possible that a shorter statute of limitations applies. For example, if you are sued on behalf of Capital One, which chooses Virginia’s law in its cardholder agreement, the statute of limitations may be as little as three years.

Click here to read the whole story.

Baxter & Baxter, LLP, Attorney Comments in the Oregonian: Little banks pay for bigger banks' blunders

Justin Baxter was interviewed by the Oregonian about the plight of small regional bank customers who have had their savings account yield rates reduced. The article was about one regional bank's decision to pay a lower interest rate on interest bearing accounts.

Baxter & Baxter, LLP, attorney Justin Baxter commented: "You see issues like this, and it's essentially small scale fraud," he said. "If a bank cheats everyone out of $10, nobody is likely to bring a case, but that nickel-and-diming adds up for the bank."

Click here to read the whole story.

Justin Baxter talks to KOIN 6 News about Debt Collectors using Facebook

Justin Baxter sat down with Mike Donahue of KOIN 6 to discuss the use of attractive women as Facebook "friends" to track debtors. In the story, debt collectors were using attractive women as "friends" on Facebook to track down and keep track of debtors.

Click here to see the story at KOIN 6's website.

Lyndon Ruhnke Joins Baxter & Baxter, LLP to Head Bankruptcy Practice Group

This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP, a Portland, Oregon consumer litigation law firm, specializing in credit reporting cases, identity theft cases, and unlawful debt collection practices cases.

The Bankruptcy Practice Group of Baxter & Baxter, LLP represents individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file. Our rates are competetive, and an uncontested no-asset Chapter 7 bankruptcy can be filed for as little as $1,250.

The Bankruptcy Practice Group will be led by Lyndon Ruhnke, who will join the firm as "Of Counsel" to Baxter & Baxter, LLP. Click here to learn more about Portland bankruptcy attorney Lyndon Ruhnke.

Michael Baxter Obtains $107,000 Verdict in Injury Case*

Portland, Oregon. A Multnomah County jury has returned a verdict of $107,000 in a MVA case today. The case was Hunter v. Boyson. Plaintiff's lawyer was Mike Baxter. Ms. Hunter was a passenger that was rear ended while stopped in traffic. Plaintiff alleged that the impact aggravated a pre-existing injury, causing continuing pain in the low back.

* Verdicts not intended to be representative

Oregon Jury Returns $200,000 Verdict against Equifax in Credit Reporting Case (Valentine v. Equifax)*

Portland, Oregon.

A jury in Portland, Oregon has returned a verdict of $200,000 against Equifax Information Services, LLC, for violations of the Fair Credit Reporting Act. Plaintiff's counsel were Portland attorneys Mike Baxter and Justin Baxter.

Ms. Valentine, a high school librarian from Portland, has been disputing fraudulent accounts and information on her Equifax credit reports since 1987, including false and derogatory medical bills and collection accounts. The bills were incurred by a woman in Texas fraudulently using Ms. Valentine's identity. Ms. Valentine sent Equifax police reports, letters from creditors, and detailed correspondence, but Equifax refused to delete false accounts and other false information. Even when accounts were deleted, they would subsequently reappear months or years later. As a result of Equifax's false reporting, Ms. Valentine had to be removed from the deed to her family's home, and endured years of futile attempts to have her otherwise perfect credit restored.

* Verdicts not intended to be representative.

Portland Business Journal Article: Curbing the debt collector

Justin Baxter was interviewed by the Portland Business Journal about the economic trends and unlawful debt collection practices in Oregon.

Click here to read the whole story.

Oregon Jury Returns $210,000 Verdict against Equifax in Credit Reporting Case (Kirkpatrick v. Equifax)*

Portland, Oregon.

A jury in Portland, Oregon returned a $210,000 verdict against Equifax Information Services, LLC, today in a Fair Credit Reporting Act case. Plaintiff's counsel were Portland attorneys Mike Baxter and Robert Sola.

In 2000, Matt Kirkpatrick learned that he was the victim of identity theft. Some thirty false credit lines showing collections, charge offs, and delinquencies appeared on his Equifax credit reports. Equifax repeatedly lost or failed to acknowledge receipt of Mr. Kirkpatrick's dispute letters, which contained copies of police reports, letters from creditors, and copies of his driver's license and social security number. Mr. Kirkpatrick continued to receive inaccurate credit reports for over four years. He was denied home improvement loans to complete an addition to his home and spent incalculable time attempting to get Equifax to remove false and derogatory information from his credit report.

* Verdicts not intended to be representative.

Oregon Jury Returns $5.3 Million Verdict against Trans Union (Thomas v. Trans Union)*

A jury in Portland, Oregon returned a $5.3 million verdict against Trans Union, LLC, in a Fair Credit Reporting Act case. Plaintiff's counsel were Portland attorneys Mike Baxter, of Baxter & Baxter, LLP, and Robert Sola.

Judy Thomas of Klamath Falls battled for years with Trans Union in a futile attempt to Judith Upton remove the derogatory credit accounts of another person from her credit reports. Thomas' attorney, Michael Baxter noted, "It came out that the head of TransUnion's dispute department did not know the law or was [not] requiring that Trans Union employees follow the law."

The jury's verdict included $300,000 in compensatory damages, and $5 million in punitive damages.

* Verdicts not intended to be representative.

Baxter & Baxter, LLP
8835 S.W. Canyon Lane, Suite 130
Portland, Oregon 97225, USA
Telephone (503) 297-9031
Facsimile (503) 291-9172

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Baxter & Baxter, LLP
1101 Broadway Street, Suite 213
Vancouver, Washington 98660, USA
Telephone (360) 574-5239
Facsimile (360) 326-1613