John R. Cantrell, Jr.

My practice focuses on representation of consumers in defense of debt collection lawsuits, including foreclosure defense, credit card collection defense, and consumer bankruptcy. Consumer bankruptcy areas in which I have particular experience include privacy violations, Chapter 13 attorney fee applications, 524(i) Chapter 13 plan language, and defense of motions for relief from stay. I have also litigated against creditors for violations of consumer protection laws, including the FDCPA and the SC Consumer Protection Code. Each case has different facts, clients, attorneys, and judges involved, all of which can make a difference in results obtained for a client, even where the applicable legal issues are the same.

Areas of Practice

Consumer Law

In regulatory jurisdictions that provide for this (a list including most or all developed countries with free market economies) consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace. The laws are designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors. They may also provide additional protection for those most vulnerable in society. Consumer protection laws are a form of government regulation that aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food.

Consumer protection law or consumer law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions. It’s a way of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy.

Foreclosure Defense

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower, who has stopped making payments to the lender, by forcing the sale of the asset used as the collateral for the loan.

The goal of the foreclosure defense strategy is to prove that the bank does not have a right to foreclose. The chances of success rest on an attorney’s ability to challenge how the mortgage industry operates. The strategy aims to take advantage of flaws in the system, and presumes illegal or unethical behavior on the part of lenders.

Bankruptcy

Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

Bankruptcy in the United States is a matter placed under federal jurisdiction by the United States Constitution (in Article 1, Section 8, Clause 4), which empowers Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States”. The Congress has enacted statutes governing bankruptcy, primarily in the form of the Bankruptcy Code, located at Title 11 of the United States Code. Federal law is amplified by state law in some places where Federal law fails to speak or expressly defers to state law.

Generally, a debtor declares bankruptcy to obtain relief from debt, and this is accomplished either through a discharge of the debt or through a restructuring of the debt. Generally, when a debtor files a voluntary petition, his or her bankruptcy case commences.

Landlord/Tenant Law

I handle landlord/tenant law issues, primarily for tenants, including eviction defense and landlord failure to comply with the South Carolina Residential Landlord and Tenant Act.

Some matters, such as when a landlord removes you from the rental by changing the locks and without filing an eviction action with the magistrate court, can be handled on a contingency basis, since the law provides for attorney fees in that instance. Other matters, such as normal eviction defense, can be handled on an hourly or flat fee basis.

I also handle cases where the landlord is failing to comply with building codes or failing to make repairs to the rental as may be required by the lease or the law. Tenants are encouraged to make any repair requests to a landlord in writing, preferably by certified mail, return receipt requested, and to keep a copy of that written request and proof of mailing. Upon receipt of such a request, a landlord is required to make necessary repairs within the time allowed by the law. Failure to make required repairs can allow the tenant to cancel the lease, and possibly seek damages and attorney fees from the landlord if the tenant complies with the law’s requirements. People with landlord/tenant issues are encouraged to request a free initial consultation to discuss their case.