Defending Yourself Against Debt Predators Involves A Bit More Than Just Knowing About The Fair Debt Collection Practices Act
You may recall when Charlie Gibson of ABC News asked Governor Sarah Palin what she thought of the Bush Doctrine of Preemption what happened.. The Governor drew a blank
only because many of us were unaware as she was that there actually was a “Bush Doctrine of Preemption”. I am willing to wager that almost no one is aware that buyers of old debts which in most cases are beyond the statute of limitations for litigation purposes and many of which are also beyond the statute of limitations for the Fair Credit Reporting Act also employ a “Doctrine of Preemption”.
You might be saying to yourself, “What is Robert talking about?”. Well let me tell you that if you understand what I am about to teach you, you will be miles ahead of the other poor souls who get screwed into oblivion by debt collectors who operate on the fringe of the law or who just violate the existing debt collection statutes openly. The Fair Debt Collection Practices Act was passed in 1970 and should really be updated. For god sakes the fine per violation is only $1000. It should at least be indexed for an inflation adjustment since the 70’s!
Okay lets cut to the chase. When I make reference to a doctrine of preemption I am referring specifically to the standard practice that rogue debt collect employ by boilerplate lawsuits filed by the 10’s of thousands each month in this country. This is most assuredly a very insidious practice because when these dirt bags file these actions they know full well that they have no records or documents to support or substantiate any of their allegations. There are two cases
which have been decided in the Federal Courts which you really need to understand if you are going to be successful in dealing with people who are out to compromise your financial security.
How Rogue Debt Collectors Compromise Your Rights
I will cover one of them today and the other at the beginning of next week. The first very important case deals with the filing of false affidavits by debt collectors when suing for debt has been purchased from the original creditor. I refer to Helen Williams, Plaintiff, vs Javitch, Block & Rathbone, LLP, et al
Defendants. Case No. 1:05-cv-819 United States District Court For the Southern District of Ohio, Western Division.
This case was brought for a violation of the Fair Debt Collection Practices Act, specifically wherein plaintiff alleged that defendant Javitch filed an affidavit provided by Palisades Collection, LLC without having access to any documents which the affiant claimed to have in his or her positon. Palisades Collection was seeking a judgment in municipal court for an unpaid balance on a credit card originally issued by BankOne.
The complaint which was signed by a Javitch lawyer attached an affidavit from an employee of the Palisades Collection Agency swearing that he or she was familiar with Ms. Williams’ account and had the records to prove it. Williams filed a complaint naming JB & R and Palisades which was dismissed in the lower court. She then amended her complaint which named JB & R, 2 JB & R attorneys without naming Palisades as a defendant.
In her amended complaint Ms. Williams alleged that the JB&R law firm filed hundreds of collection law suits every year, 90% or more of which result in default judgments. Ms. Williams alleged on information and belief that this law firm files most if not all of their complaints without having any access to the documents they would need to check the truth an accuracy of the affidavits contained in their moving papers.
Apparently this law firm was well known to the presiding judge who had little patience for their maneuvers. The law firm complained about the insulting accusations in the preamble to the plaintiff’s complaint and and wanted them stricken. The judge basically told them to forget about it and that if they did not like it that it was too bad. This was a jury trial and the jury found for Ms. Williams: “IT IS ORDERED AND ADJUDGED that Judgment is entered in favor of the Plaintiff against the Defendants, Javitch, Block & Rathbone, LLP, Timothy J. Hacking, Brian C. Block, and Palisades Collection, LLC, jointly and severally, in the total amount of One Thousand One Dollars ($1,001.00), together with costs accrued to date, including reasonable attorney fees incurred to date,
in an amount to be agreed upon or as determined by the Court.”
Let the above be instructive and show you why you need someone like me on your side to let you know that these jerks cannot get away with the crap they pull if you know how to catch them
when their hands are in the cookie jar. I have built my business on trust and credibility. Yes, I do make my living by selling your my system. Know one thing and know it well, the system was built
because I could not afford attorneys and had to learn how to deal with a miriad of financial and legal problems some years ago. My body of knowledge was built on dealing with adversity. I guess you cculd say that by following my advice and using my letters you will save yourself a lot of grief, aggravation, stress and
anxiety that many people are experiencing right now. Go to www.stopthecallsfast.com and read for yourself. You have nothing to lose. I offer a money back guarantee.