Associate Attorney

HEMMING & ASSOCIATES PC•Tustin, CA

4d•Hybrid

About The Position

We are seeking an experienced Attorney to join our team and represent consumers in actions brought by original creditors, debt buyers, and collection agencies involving credit card, medical, auto deficiency, personal loan, and similar obligations. The right candidate should be able to handle an existing litigation caseload from intake through resolution, with a focus on protecting client rights, challenging improper or unsubstantiated claims, and achieving cost‑effective outcomes.

Requirements

Juris Doctor (J.D.) from an ABA‑accredited law school.
Active license in good standing with the State Bar of the jurisdiction(s) where matters will be handled.
Working knowledge of state civil procedure, evidence rules, and judgment enforcement procedures relevant to consumer debt litigation.
Familiarity with federal and state consumer protection statutes, including FDCPA and FCRA, and willingness to develop deeper subject‑matter expertise.
Strong legal research, writing, and oral advocacy skills, including experience drafting motions and appearing at motion hearings, case management conferences, and trials.
Client‑centered counseling: Ability to explain complex legal concepts in plain language, set realistic expectations, and reduce client anxiety in the face of litigation and collection pressure.
Negotiation: Demonstrated ability to negotiate effectively with creditor counsel and collectors, leverage evidentiary and procedural weaknesses, and secure favorable settlements.
Strategic thinking: Capacity to quickly assess the strength of claims and defenses, weigh litigation versus settlement options, and design efficient case strategies.
Professionalism and ethics: Commitment to zealous yet ethical advocacy, compliance with professional responsibility obligations, and sensitivity to financially vulnerable clients.

Nice To Haves

1+ years of civil litigation experience, preferably including consumer debt, collection defense, or related consumer protection work.
Prior experience representing consumers in credit card, medical debt, auto deficiency, or debt‑buyer lawsuits.
Experience identifying and litigating FDCPA/FCRA or state‑law collector violations, including bringing affirmative claims or counterclaims.
Comfort with managing a volume caseload while maintaining high‑quality work product and client communication.
Spanish or other second‑language skills in markets with high LEP client populations.
Familiarity with case management systems and document automation tools used in consumer practices.

Responsibilities

Represent individual consumers in state court in debt collection and related consumer actions, from filing or answering the complaint through trial or settlement.
Review lawsuits, contracts, statements, account histories, and supporting documentation to evaluate liability, damages, and the validity and ownership of the alleged debt.
Draft, file, and argue responsive pleadings (Answers, counterclaims, demurrers/motions to dismiss, motions to strike, motions for judgment on the pleadings) asserting appropriate defenses such as lack of standing, improper service, statute of limitations, and defective documentation.
Prepare, propound, and respond to written discovery; take and defend depositions as needed; and seek evidentiary sanctions where creditor/collector discovery responses are inadequate.
File and argue dispositive and pre‑trial motions, including summary judgment/summary adjudication and motions in limine.
Negotiate settlements, payment plans, and stipulations to judgment that minimize client exposure, including reduction of principal, interest, and fees, and, where appropriate, debt waivers.
Analyze potential violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and analogous state consumer protection statutes, and assert counterclaims or separate actions where warranted.
Act as a buffer between clients and collectors by directing all creditor and collection agency communications through counsel and addressing harassment or unlawful collection practices.
Advise clients on the legal and practical consequences of judgments, including wage garnishments, bank levies, liens, and post‑judgment enforcement, and, where appropriate, explore bankruptcy or other global resolution options.
Where a default judgment already exists, evaluate service and procedural history and, when appropriate, prepare and argue motions to vacate or set aside judgment and negotiate post‑judgment resolutions.
Maintain accurate, timely file notes, case plans, and calendar entries for all hearings, deadlines, and client communications.
Collaborate with support staff on case intake, document collection, and file management; provide clear direction for paralegal and assistant tasks.