Frequently Asked Questions

  1. What is this lawsuit against Defendants about?
  2. Who is a Settlement Class Member?
  3. The Settlement Benefits - What Will I Get?
  4. What are the Potential Tax Consequences?
  5. The Settlement Release - What Will I Give Up?
  6. How do I exclude myself?
  7. How do I object to the Settlement?
  8. When was The Final Approval Hearing?
  9. How Do I Get More Information?
  10. How do I file a claim in this settlement?
  1. What is this lawsuit against Defendants about?

    On March 6, 2017, a lawsuit entitled Edmund Hoy, et. al. v. John Clinnin, et. al., was filed in the San Diego Superior Court. By order of the Court, the title of the case is now Edmund Hoy, et. al. v Linebarger Goggan Blair & Sampson, LLP. The Complaint alleges that Linebarger, a Texas-based law firm that assists clients with collecting debts owed to them, had improperly sent letters into California seeking payment of these debts.  These debts may include most any sort of debt owing to a governmental entity, from unpaid taxes, tolls or fines to fees for services rendered (for example, court costs or fees for services at a public hospital). Linebarger denied the material allegations of the Complaint.

    The court in charge of the lawsuit is the San Diego Superior Court, North County Division. Although no determination has been made about the merits of this Action, Linebarger is willing to enter into this settlement to end further litigation. The settlement is a compromise.

    The Action is called a "Class Action," because the Plaintiff is a Class Representative suing on behalf of other people with similar claims, called "Class Members." The trial court already has agreed to treat the Action as a Class Action.

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  2. Who is a Settlement Class Member?

    You are a Class Member if between September 16, 2013, and April 15, 2019, you paid money in response to one or more demand letters sent by the law firm of Linebarger Goggan Blair & Sampson, where the money was paid to extinguish a debt owed by you to a client of Linebarger, and Linebarger received a fee for the collection of that debt.

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  3. The Settlement Benefits - What Will I Get?

    If the Settlement is approved by the Court, all Class Members who file a claim may receive cash refunds. If the Settlement is not approved by the Court, Class Members will not get any benefits of the Settlement and the parties will go back to Court for a trial. The parties have made their best efforts to negotiate a settlement that is fair and reasonable.

    After diligent investigation of its records, Linebarger affirms that there are about 151,000 Class Members. As part of this settlement, Linebarger agrees to conduct its debt collection practices, pursuant to the Settlement Agreement in accordance with California law.

    Cash Refunds. If you are a Class Member who paid money in response to one or more demand letters sent by Linebarger, where the money was paid to extinguish a debt owed by you to a client of Linebarger, and Linebarger received a fee for the collection of that debt, you will be sent a check refund of 23.32% of the amount you actually paid Linebarger.

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  4. What are the Potential Tax Consequences?

    Any benefits you receive may or may not be the subject of state or federal taxation, depending on your circumstances. Counsel for the parties in this lawsuit are not tax attorneys and you are advised to seek separate legal advice on matters of taxation.

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  5. The Settlement Release - What Will I Give Up?

    In exchange for the benefits described herein, every Class Member gives Linebarger a Release and agrees to be bound by all court orders in the Action. You will be bound by the terms of the Settlement, once it is final. A release means you can't sue or be part of any other lawsuit against Linebarger Goggan Blair & Sampson about the claims or issues in this Action ever again. For more information about the terms of the Release, you may consult the Settlement Agreement, which is on file with the Court, and can be viewed as explained in the Notice.

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  6. How do I exclude myself?

    To exclude yourself from the settlement, you must send a request for exclusion to the Claims Administrator by First-Class Mail postmarked no later than July 30, 2019, and containing all of the following: (1) The name of the Action “Hoy v. Linebarger Goggan Blair & Sampson, LLP, San Diego Superior Court Case No. 37-2017-00007840-CU-BT-NC,” (2) Your full name, current address, and telephone number, (3) A statement of your intent to exclude yourself, and (4) Your Claim number as listed on the Notice, and (5)Your signature and the date you signed it. If you do not follow these procedures to exclude yourself, your rights will be determined in this Action if this settlement receives final judicial approval.

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  7. How do I object to the Settlement?

    If you do not request to be excluded, you may object to the settlement. You may not do both. To object to the settlement, send your objection in writing to the Claims Administrator and counsel for Defendant Linebarger and Class Counsel, by First-Class Mail postmarked no later than July 30, 2019, and provide all of the following: (1) The name of the Action “Hoy v. Linebarger Goggan Blair & Sampson, LLP, San Diego Superior Court Case No. 37-2017- 00007840-CU-BT-NC,” (2) Your full name, current address, and telephone number, (3) A clear statement of each objection, (4) All supporting evidence and briefing you wish to have considered in support of the objection, and (5) Your signature and the date of your signature. Objectors are not required to attend the Final Approval Hearing, but may do so.

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  8. When was The Final Approval Hearing?

    The proposed Settlement must be finally approved by the Court. The Court has set the Final Approval Hearing for August 23, 2019 at 9:00 AM. (subject to change by the Court without further notice), in Courtroom 28-N of the San Diego Superior Court, North County Division, located at 325 S. Melrose Drive, Vista, CA 92081 to determine whether the proposed settlement should be approved as fair, reasonable and adequate, the amount of reasonable attorneys' fees, the amount of class representative award, and whether the Settlement should be finally approved.

    You do not need to hire a lawyer, but may do so if you want to. You and the Settlement Class are already represented by Class Counsel at no out-of-pocket cost to you.

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  9. How Do I Get More Information?

    If you have additional questions concerning this Action, Notice, or Settlement, you may contact Class Counsel. The Settlement Agreement, along with records and other papers regarding the Action, are on file with the Court and available to be inspected during regular business hours at the Clerk’s Office. The Clerk of the Court is located at: 325 S. Melrose Drive, Vista, CA 92081. Please do not contact the Judge.  The telephone number and addresses of the Claims Administrator, the Class Counsel, and Counsel for Defendant Linebarger, are listed in the Class Notice.

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  10. How do I file a claim in this settlement?

    You can file a claim on this website here. A claim form will also be mailed to each class member who did not exclude themselves.

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