Nick Wooten, LLC

important info

phone

334 887 3000

directions

Nick Wooten, LLC
1702 Catherine CT
Auburn, AL 36831

Personal Injury Law

Nick represents clients in serious personal injury, wrongful death, defective products and complex civil litigation in Alabama and nationally with associated counsel.

Consumer Protection Law

Nick represents debtors mistreated by creditors in bankruptcy court as well as handling claims for consumers under the FDCPA, FCRA, TCPA and other consumer protection statutes. Nick handles cases in Alabama and in other jurisdictions with associated counsel.

Nick Wooten's Bio

Nick Wooten has practiced law in Alabama as a Trial Lawyer representing handling complex claims involving consumer issues, personal injury and wrongful death claims since 1998. During his entire career Nick has been a member of the Alabama Trial Lawyers Association (now known as the Alabama Association for Justice). While a member of ALAJ Nick has had the pleasure of serving on the Executive Committee, the Board of Directors, and the Board of Directors for the Alabama Civil Justice Foundation, the official charity of the Alabama Association for Justice. Nick joined the National Association of Consumer Advocates in 2005 and has been an active member of the Mortgage, Fair Debt Collection, Fair Credit Reporting and Class Action groups.

Nick is nationally known for his work in mortgage servicing and foreclosure defense litigation.  Nick became interested in mortgage servicing abuse cases in 2006 when a long time client approached him with unexplained charges on their mortgage account which the servicer would not refund. This led to litigation and in the course of that litigation Nick acquired specialized training from Max Gardner on these issues. This training included an early introduction into securitization and the issues implicated in foreclosure and bankruptcy courts by the securitization of residential mortgage loans.

During the mortgage foreclosure crisis from 2008-2012 Nick litigated challenges to foreclosures against securitized mortgage trusts and mortgage servicing claims against the mortgage servicing industry. In that litigation Nick engaged in far reaching discovery against the various mortgage servicers, MERS, corporate trustees, securitized trusts, outsource providers such as Lender Processing Services and others who are involved in the Foreclosure Industry.  Much of Nick’s work in this area received national recognition and many of his depositions are still used in States with ongoing legal battles related to foreclosures.

Today Nick’s practice consists of representing debtors in bankruptcy court who have claims against their creditors and handling complex civil litigation in select matters both in Alabama and nationally.  The vast majority of these cases are based upon referrals from Nick’s vast network of friendly attorneys who practice in consumer and bankruptcy law.

Nick received his law degree from Jones School of Law in Montgomery, Alabama in December of 1997 and began practicing law in May of 1998. Nick is scheduled to complete his LLM degree in International Tax and Finance from Thomas Jefferson School of Law in December of 2013. Through his LLM program Nick has received the designations of Certified Asset Manager and Master Financial Planner from the American Academy of Financial Management. Nick’s work in these areas is generally conducted separately from his law practice.

National Recognition

Nick’s courtroom work and writings led to his recognition as a national expert on issues of securitization vis-à-vis foreclosure and bankruptcy. *Nick does not represent that he is an expert in any area of the law. Nick’s recognition as an expert by others should not be taken by any client or potential client as a representation of the quality of legal services to be performed or that Nick Wooten is an expert in any area of legal practice.

Speaking Engagements

Nick has spoken to various groups nationally including students at Max Gardner’s Bankruptcy Boot Camps, members of the Alabama State Bar, Alabama Association for Justice, NACA, NACBA, FJC and New York’s Legal Services Attorneys as a lecturer providing continuing legal education.

Nick also intends to begin specialized intensive training of small groups of lawyers related to his litigation methods in these areas directly or through Max Gardner’s bankruptcy boot camps.

Practice Areas

PERSONAL INJURY LAW

Nick represents clients in serious personal injury, wrongful death, defective products and complex civil litigation in Alabama and nationally with associated counsel.

CLASS ACTION LITIGATION

A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group. A class action is particularly appropriate where individual claims are small and not economical to bring individually. Federal Rule 23 or its state law equivalent governs whether a lawsuit can be brought as a class action.

Some of the factors that must be considered prior to bringing a lawsuit as a class action include:

  • • Numerosity
  • – Are there enough people affected by the illegal practice to warrant a class action?
  • • Commonality
  • – Do the affected people share common legal issues?
  • • Typicality
  • – Are the claims of the person(s) bringing the suit typical of those of the entire class?
  • • Adequacy of Representation
  • – Will the law firm bringing the case be willing and able to represent the interests of the entire class?

Class actions require specialized knowledge and expertise by experienced class action lawyers. Most class actions are filed against corporations or governmental entities that employ large corporate law firms with considerable manpower and resources. Nick has worked as classs counsel in a number of class actions and usually associates with very experienced and successful class action lawyers when involved in this type of litigation.



COMPLEX CIVIL LITIGATION

Nick handles complex civil matters in federal and state courts in Alabama and with associated counsel nationally. Nick has broad experience in sophisticated and complex litigation.

Nick has extensive experience in consumer fraud, breach of contract, bankruptcy, accounting, insurance, partnership disputes, business torts, real estate, lender liability, product liability, professional liability and most other significant commercial issues.



CONSUMER DEBTORS

One of the primary areas of Nick’s practice is the representation of consumers who are currently debtors in bankruptcy cases. Nick accepts referrals from a number of consumer bankruptcy attorneys and pursues claims against creditors in bankruptcy for their clients.

These types of claims involve violations of the Orders and Rules of the Bankruptcy Court and other consumer protection statutes and laws.



FAIR DEBT COLLECTION PRACTICES ACT

The FDCPA provides protection from consumers who are being harassed or abused by Debt Collectors.  Nick regularly makes claims against Debt Collectors for consumers who are subject to mistreatment by a debt collector.  Specific types of conduct which is a violation of the FDCPA includes contacting debtors at times and by methods that are not permitted.  This includes verbal abuse, physical abuse, filing lawsuits beyond the statute of limitations and making false communications.

FAIR CREDIT REPORTING ACT

The exponential rise in the use of consumer credit, and the increase in consumers with complaints about their credit reports has focused much attention and concern on consumer credit reports. The credit reporting industry, including the credit bureaus or credit reporting agencies, the credit grantors, and the credit information providers, are subject to their own federal statute, the Fair Credit Reporting Act.

Nick handles claims related to errors in consumer credit reports.  Most people understand that good credit is essential to their participation in the broader economy.  All consumers strive to pay bills on time, meet their financial obligations and make responsible credit decisions.  Sometimes all of this hard work can be undone by occurrences out of your control. Worse, it is often a time consuming and frustrating process to clean up your credit once you discover problems.  There are several subsets of problems that often affect a consumer’s credit report.



Common FCRA Issues:

• Identity Theft:

With the advent of Internet e-commerce has come a growing awareness of credit identity theft. However, the fraudulent use of identifying information is not new. Consumers should certainly be very cautious about giving out credit card account numbers and other identifying information over the Web, but there are many other places criminals can obtain information about you.

For example, some credit thieves steal mail from mailboxes, including checks sent out to pay bills, as well as credit card applications. Credit thieves can also obtain information from you by going through your garbage, such as bank and credit card statements. The FCRA provides a consumer with legal remedies to resolve issues with their credit reports arising from Identity Theft.



• Credit Reporting Problems

In spite of the nightly news coverage of credit identity theft, credit reporting problems can often be much more mundane. For example, a "merged" credit file can occur when two individuals have very similar identifying information. An easy example of a merged file is a father and son with the same first and last name.

More often, however, it is not so simple. For example, Jane C. Doe’s credit accounts may be reported on Jane D. Doe’s credit report. Consumers have been reported as dead when quite alive and myriad other types of reporting errors. Often it appears to a casual observer that there is no rhyme or reason to these errors. Credit reporting agencies use complex computer algorithms to attempt to match consumers with credit information from many different sources, and errors are common.



• Obsolete Credit Information

In addition to inaccurate information, certain information which is deemed to be "obsolete" also may not be reported. In general, credit information which is over seven years old is obsolete under the Fair Credit Reporting Act. Bankruptcy can be reported for ten years.

>

Contact Us

Please fill out the form below!

Email successfuly sent, thank you.





Address and Phone

Nick Wooten, JD, CAM, MFP
Nick Wooten, LLC
P.O. Box 3389
Auburn, Al. 36831
Phone: 334 887 3000 Fax: 334 821 7720 nick@nickwooten.com