INTRODUCTION
Since 1990, I have served as a pre-funding consultant to individuals and businesses regarding creditworthiness to increase probability of application approval at best available rates, debt settlement consultant/counselor, professional continuing education educator, author, radio talk show co-host, and newspaper columnist.
Regarding credit damage, my purpose is to confirm and measure the change in creditworthiness to an individual or commercial enterprise due to injury, not self inflicted, for fairest damage compensation for general and special damages.
As an experienced consultant/expert witness with a proven, successful process to identify how many of the six kinds of credit related damage have been inflicted on a victim by the responsible parties. My purpose is to increase the completeness and fairness of compensation for each Plaintiff or Defense client.
To provide specific identification and to measure the extent of credit damage suffered based on documentation including, but not limited to credit reports, legal notices, monthly statements, etc.
I have testified in Superior and Federal court for Plaintiff or Defense, and in Class Action cases.
Credit damage measurement service is different in scope from what a lender, accountant or economist is able to qualify for damage compensation, and then calculate the dollar value of such damages.
Court rules require that I am totally neutral in developing my opinion, and that my opinion in the matter at hand is based on factors specific to the matter at hand. Court rules forbid me from working on contingency, or feel that payment for my services is dependent on the outcome.
Authored First State Agency Accepted
Continuing Education Seminars on:
Credit Reports: Misconceptions & Realities (1992)
Credit Damage: Evaluation & Compensation (2002)
Credit Reports: Compliance & Opportunity (2003)
Jury Selection & Credit Damage (2005)
Since 1995, I have been helping victims regarding fair compensation for inflicted credit problems due to:
Fraud
Identity Theft
Bad Faith Insurance
Breach Of Contract
Collection Abuse
Creditor Negligence
Credit Report Errors
Divorce
Major Personal Injury
Malpractice
Privacy Violations
Wrongful Termination
What is Credit Damage?
Credit damage is the change in the ability to use credit due at the same borrower status after the injury as before the injury. Just as a broken hand would change the ability to play the piano.
Typically a borrower experiences a loss of creditworthiness so that if they were a prime rated borrower pre-injury and could borrow at the best/lowest interest rate after the injury they are considered subprime and are charged a higher rate, often with higher fees, and lower loan-to-value opportunity.
For example, a car dealer may offer a zero down, zero interest loan to prime borrowers while offering a 10% down, 18% interest loan to subprime borrowers. Monthly payments for the prime borrower would be about $200 per month. Payments for the subprime borrower after $1000 down payment would be as much as $350 per month.
A mortgage company may offer 5% down, 5% interest rate to a prime rated borrower, but may require 20% down with a 12% interest rate to a subprime borrower.
I have a chart for comparison of prime rates and payments, compared to subprime real estate mortgage rates.
What does credit damage measurement do for my case?
If your client is a victim of someone else's action and the damage is measurable, then it can be paid for either by the wrongdoer or their insurer.
How much can you get for credit problems?
Each case is different and without reviewing your file of documents or knowing why you think your client is a victim of credit damage, there is no way to know.
My policy is to accept any case only if I affect the value of fair compensation by at least $30,000. For plaintiffs, they want the amount increased. For Defense, they want the amount decreased.
I have been successful in measuring collectible damages for cases that lawyers had rejected because they couldn't see the value until it was properly presented to them. Cases that might otherwise have gone on for prolonged litigation have been settled quickly based on my opinion regarding fair compensation of the matter.
Is your service different than an Economist?
Yes. An economist is not trained to provide credit damage measurement service. In many cases I recommend that an economist be retained in addition, but not instead.
About Credit Damage
Credit Damage has been a recognized compensable damage since 1912, since a Missouri court ruled in favor of the victim of a department store that ruined his credit over a disputed purchase.
Credit damage has generally been viewed as a non-measurable damage for many years with objections of "Speculation" by insurance companies and others. If there is sufficient documentation to establish credit damage, and such documentation is properly organized - so as to be clearly understood by the average adult, then there is no fear of charges of 'Speculation'.
A proper credit expert will have the ability to decode a subscriber credit report, to properly understand the limitations of the credit score as affecting creditworthiness, to be familiar with respected repositories of interest rate history, standards of care in the lending and credit reporting industries, and the statutory impact of the consumer protection laws, and business practices legislation and professional standards that concern creditworthiness, setting of interest rates and associated fees.
How I Can Help You
My service to you, as an expert witness or consultant, is to measure your client's change of credit situation before injury and after injury so you can be fairly compensated for your loss or damage in dollars. My expertise makes my opinion valuable in a manner acceptable to the court, or the opposing attorney.
I re-organize provided information and documents - like letters, notices, monthly statements, and credit reports - to provide a legal foundation for defendant responsibility. And as possible, provide additional documentation to fairly validate claim.
Having established a foundation to give credibility to the claim, the damage is measured in dollars, so as to value the changes regarding:
- Increase of Out-of-Pocket costs,
- Loss of credit capacity, or
- Loss of Expectancy.
Within the legal and statutory
limitation(s) of your situation.
EXPERIENCE
2005-Current, Jury Selection & Credit
Damage: In CA (Author, Co-Presenter)
3 hr MCLE (.5 Ethics)
2003-Current, Credit Reports: Compliance
& Opportunity In CA (Author, Co Presenter)
6.5 hr Continuing Legal Education, 8 hrs CPE (LORMAN EDUCATION)
2002 - Current, MCLE California State
Bar Assoc
Credit Damage: Evaluation & Compensation (co author, presenter)
Credit Reports: Misconceptions & Realities (renewal)
3-hr CLE Seminar Author, Presenter
1989 -Current CM Financial Services - Senior Credit Protection Consultant
1998 -2000 Consumer Credit Corps - Senior Technical Consultant/Debt Counselor
1998 -1999 Preferred Consumer Network - Membership Benefit Provider/Credit Skills
1997 -1998 Cerritos College - Instructor, DRE Credit Reports
1997 -1998 Consumer Hotline Radio show, co-host on Credit Questions
1995 Ongoing Credit Damage Measurement, Expert Witness/Consultant
1995-1997 OC (CA) Register Newspaper
RE Resource Section
Author "Credit Pulse" Column
1992 - Current MCLE California State
Bar Assoc
Credit Reports: Misconceptions & Realities
3-hr Continuing Legal Education Seminar Author / Presenter
1991 -1997 California Dept of Real
Estate
Credit Reports: Misconceptions & Realities
4-hr Continuing Education Seminar Author / Presenter
AUTHOR OF BOOKS, SEMINARS, RELATED MEDIA MATERIALS
Available upon request.
RECORD OF JUDICIAL NOTICE
Available upon request.
MEMBERSHIPS INCLUDE
Forensic Expert Witness Association
(FEWA)
Affiliate Member Los Angeles County Bar
Affiliate Member American Trial Lawyers Association
Affiliate Member California State Bar Association
Affiliate Member Orange County (CA) Trial Lawyers Association
KEYWORDS
Credit Evaluator Expert Witness, Independent Credit Evaluator Expert Witness, Credit Damage Measurement Expert Witness, Credit Damage Quantification Expert Witness, Credit Report Mistakes Expert Witness, Credit Report Errors Expert Witness, Credit Damage Expert Witness, Credit Damage Consultant Expert Witness, Credit Damage Evaluation Expert Witness