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Tjackson
Registered User
Username: Tjackson

Post Number: 1
Registered: 05-2004
Posted on Tuesday, May 11, 2004 - 02:44 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I just got another frivolous FCRA case dimissed today for 'Failure to State a Cause of Action Upon Which Relief Can be Granted'. Even if that had failed...Lack of Subject Matter Jurisdiction certainly would not have. Get an attorney (or atleast consult one) before you waste your money filing pro se when you can rest assured these companies WILL have attorneys and WILL win on points of law.
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Christine
Board Administrator
Username: Christine

Post Number: 2006
Registered: 09-2002
Posted on Tuesday, May 11, 2004 - 03:50 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Trey, you can not imagine how many times I tell readers and clients not to file frivolous suits. This is so important, I moved your posting to its own thread.

For the readers, according to Trey's profile (click on user name), he is a Credit/Collection Attorney in Georgia and "I'm the guy defending these frivolous claims."

I'm a little concerned though with your implication that an attorney will be able to turn a frivolous suit into a winner. How does that work?

And, while I am of course aware that many legitimate suits by pro se consumers are dismissed for lack of legal skills, I also can attest to the fact that literally HUNDREDS of my readers and clients received their checks and credit corrections/deletions.

Of course most are settled with confidentiality agreements, but occasionally we can publish the results as at Crystal v. FNANB

I have found that most cases can be settled if consumers have good documentation and a factual summary, and especially if they have the guts to take their complaint public. The corruption in the courts gets many valid suits dismissed, but publicity is a viable alternative available to anyone.

See my 3/25/04 press release, read over 34,000 times as of today: Consumer sues Bank One/First USA for Deliberate Violations of the Fair Credit Reporting Act

And my 5/6/04 news release: Compass Bank Charged Research Fee after Customer Alerted to a $500 Bank Error in her Favor It's only been a few days and already the press release has been read over 16,000 times.

We may not win in court, but we inflict tremendous damages on these scummy companies through the publicity. Checks are nice, but to me CHANGING credit reporting and collection practices is much more important.

Those press releases will NEVER be dismissed!

Not only will they be found at PRnews as long as they are in business, but I'm also reposting them at numerous other sites. The gift that keeps on giving :-)

Many roads lead to Rome!

I'm also not quite sure why you posted here. Could it be that your advice is not sincere and you are just trying to scare consumers into NOT suing?
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Tjackson
Registered User
Username: Tjackson

Post Number: 2
Registered: 05-2004
Posted on Wednesday, May 12, 2004 - 09:00 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

***THIS IS NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH IN ANY MANNER-THIS IS ONLY A PERSONAL OPINION***
Christine,
1. You misunderstood what I was stating. You cannot win a frivolous case. You can DEFEND one easily however.
2. I found your site while researching Fair Isaac's dismissal of your complaint. (see #1).
3. I do not discourage anyone from anything. See my original posting again. I only encourage you 'consult an attorney'.
4. You are correct that LEGITIMATE claims will be resolved to the advantage of the consumer.
5. It is my *OPINION* that many consumers are attempting to use the court systems as a tactic to get LEGITIMATE materials removed from the credit records.
6. It is also my *OPINION* that you lead people that companies will 'settle' because it is cost effective instead of DEFEND against frivolous and unsubstantiated claims. I disagree with this assesment.
7. Why do I believe such? Your site informs people to 'check out' whether an agency is properly liscensed and/or bonded and where to file complaints without ever addressing the central issue: Is the claim valid?
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Tjackson
Registered User
Username: Tjackson

Post Number: 3
Registered: 05-2004
Posted on Wednesday, May 12, 2004 - 09:29 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

By the way. These are the headlines that make it in the newspaper:
The District Court dismissed the complaint that it violated the Fair Credit Reporting Act (FCRA...}
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Tjackson
Registered User
Username: Tjackson

Post Number: 4
Registered: 05-2004
Posted on Wednesday, May 12, 2004 - 09:45 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Last posting, really, I promise. Speaking of concerns, I find it concerning that you refer to the people utilizing your site and or *advice* (legal?) as clients. Christine, I really didn't post here to start a fued, I do believe there are consumers in need of help. I just hope that you are doing just that: Helping. There are many pro-consumer websites that will list in detail all the avenues available for resolving these issues. Whether you believe it or not, the vast majority of these companies will do all they can to assist the consumer. As the old saying goes, "you get more bees with honey".
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Tjackson
Registered User
Username: Tjackson

Post Number: 5
Registered: 05-2004
Posted on Wednesday, May 12, 2004 - 10:24 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

One more thing: CHANGE THE NAME OF THIS FORUM. I have not given/nor offered any ADVICE to anyone. I am only STATING *MY* OPINION. I could always be wrong, you know?
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Christine
Board Administrator
Username: Christine

Post Number: 2008
Registered: 09-2002
Posted on Wednesday, May 12, 2004 - 11:41 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"6. It is also my *OPINION* that you lead people that companies will 'settle' because it is cost effective instead of DEFEND against frivolous and unsubstantiated claims. I disagree with this assesment. "

Could you substantiate that? I'm not aware of that, and it's certainly not intentionally.

"These are the headlines that make it in the newspaper:
The District Court dismissed the complaint that it violated the Fair Credit Reporting Act (FCRA...} "

I've missed that, which newspaper is that? URL?

"I just hope that you are doing just that: Helping. There are many pro-consumer websites that will list in detail all the avenues available for resolving these issues. Whether you believe it or not, the vast majority of these companies will do all they can to assist the consumer."

URLs?

And what don't you like about CreditCourt? I thing its a wonderful name, and 100% accurate. It's about credit related court cases and if consumers don't want to sue, they can publish their case here and let the public rule. Most collectors don't like being published here and quite a few have settled just to avoid having their illegal practices exposed here.

Works for me and my readers!
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Tjackson
Registered User
Username: Tjackson

Post Number: 6
Registered: 05-2004
Posted on Wednesday, May 12, 2004 - 12:08 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Once again, I believe you have misunderstood me: I'll try again: Change the name of THIS forum: "Advice from a Collection Attorney". That's why I say "***THIS IS NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH IN ANY MANNER-THIS IS ONLY A PERSONAL OPINION*** If you do this, I'll respond in kind with the URLs you've requested.
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Christine
Board Administrator
Username: Christine

Post Number: 2009
Registered: 09-2002
Posted on Wednesday, May 12, 2004 - 12:40 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Oh, you mean this "thread" - this is a thread, not a forum.

The forum is the place that CONTAINS the threads, and sub forums. :-)

I changed it to opinion, is that better?
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Tjackson
Registered User
Username: Tjackson

Post Number: 7
Registered: 05-2004
Posted on Thursday, May 13, 2004 - 09:44 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

www.pueblo.gsa.gov/cic_text/money/credit-errors/crediter.htm
www.fdic.gov/consumers/consumer/ccc/faqs.html
www.attorneygeneral.gov/ppd/bcp/compform/cmplnt.cfm
www.ultimatecredit.com/ Gerri Detweiler is one of the nations leading consumer advocates in credit issues
www.worldlawdirect.com - send legal questions and receieve free responses from atty's in your area
www.lawguru.com - same as worldlaw- you can also search both sites for previous questions and answers - choose your area (credit-collections)*You are not guaranteed a response to every question, so make 'em good.*

Also clarkhoward.com has a consumer action center that will assist in these matters if you have truly exhausted all avenues and gotten nowhere.
I will post more when time permits. Take a look at these and if there is a problem with any of the links let me know.

Answering your question: **Just some guys opinion** Your site informs people NOT to contact agencies directly. I would disagree with this approach. You appear to base this decision on your premise that the consumer will receive no help. You instead give instructions on how to file complaints and threaten litigation. I think you should start first with the agency and explain the dispute and evidence of errors. This goes back to my original belief that most companies WILL assist the consumer if given the chance, if there is truly an error. Try dealing with the agency in a polite, professional manner and you might get some help.
***BUT THEN AGAIN, I COULD BE COMPLETELY WRONG***





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Christine
Board Administrator
Username: Christine

Post Number: 2011
Registered: 09-2002
Posted on Thursday, May 13, 2004 - 01:23 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Actually, it is absolutely NOT true that most companies will assist people. After all, I've been in this business many years and I even filed my own bankruptcy. One exception is of course when a consumer calls to offer payment, they will on most occasions very courteously accept payments, but not always.

However, even when a debt is 100% legitimate, a consumer MUST do everything legally possibly to find collectors' FCDPA and FCRA violations if their credit is important:
My announcement to Creditors and Collectors

Here's a very informative link with contributions by a debt buyer (collector):

Collection biz, fraud, morals, ethics - was: Household chargeoffs up for auction

And why I bother to maintain these sites:

Lord of the Rings - reflections

I was unable to find any useful information at the links you posted, and for the most part they are working for EVIL.

They just want to sell their books and crap, and recommend credit counseling (debt collectors in disguise.)

They're all part of the system with only one intention: the exploitation of the disadvantaged.

My response to the FTC motion to dismiss

People need to understand that MY suit is not what they should be doing because my concerns do NOT revolve only about my personal benefit.

I did NOT expect the FTC to write me a check. But I documented my claims, they'll never be able to say they didn't know.

And, the FTC IS finally investigating American Agencies. Could it have to do with my suit?
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Christine
Board Administrator
Username: Christine

Post Number: 2013
Registered: 09-2002
Posted on Thursday, May 13, 2004 - 03:08 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Oh, forgot to mention one more thing:

"Your site informs people NOT to contact agencies directly."

That's actually not true at all. I advise people to MOST DEFINITELY contact the collectors, in WRITING, and to request validation.
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Tjackson
Registered User
Username: Tjackson

Post Number: 8
Registered: 05-2004
Posted on Friday, May 14, 2004 - 06:43 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Debating the issues..cool. Let me begin by stating that **I AM WRONG** therefore, you must be right** However, I give my incorrect opinion on your above DIATRIBE.
a. The 1st 3 links are governmental. If you can find a book the Gov is selling there 'I'll buy it for you".
b. Gerri does sell her books, but that does not negate the information she provides for FREE. She is an attorney, and I would tend to trust her views.
c. 'even when a debt is 100% legitimate' you still *advise* people not to pay, let it sit on their credit unpaid, and wait, look and hope they might find and infraction of some nature? Do I understand this right?
d. you advise people they need to pay for your services so they can prove damages? Not to consult with an attorney, even if it's free? I think the FCRA and FDCPA both allow 'statutory' damages. If that is correct, then giving you any money would be **in my opinion** a waste.
e. Validity does not matter? read this and give me your opinion:
http://laws.findlaw.com/5th/9831209cv02.html
see page 4. Any feelings about ...a general claim of improper procedures is by itself inadequate?
f. I read your response to the FTC motion to dismiss, I didn't see the ruling, but I am fairly certain the FTC will get their dismissal.
g. If your methods are so good, why after 10 years of this, are you still having problems with your credit?
h. Are you actually trying to help people -or- make money for yourself?
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Christine
Board Administrator
Username: Christine

Post Number: 2014
Registered: 09-2002
Posted on Friday, May 14, 2004 - 01:09 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

a) - Didn't you read my FTC filing? You say you did. Why are you STILL recommending the government sites?

The government WANTS people to be ignorant because all they want is people who do nothing but work and watch TV and drink beer. The government wants "consumers" who buy crap they don't need and pay outrageous interest rates.

In case you don't know, the elections are primarily paid for by the BANKS and all the other major industries.

b) - Just because someone is an attorney does not necessarily make them right. I am AMAZED how many attorneys have absolutely no clue, although I sure hope that she knows more than most.

I didn't see any sample filings at her site. Is there an URL with USEFUL information, helping consumers with the filing of suits?

c) - YES. Until the Fair Isaac credit scoring software is modified, looking for legitimate claims is the only way to improve the credit rating.

Look at it this way: A delinquent borrower struggles VERY hard to make a partial payment, lat e payment, is over the limit, etc. The creditor imposes the $35 late fee and a $35 over limit fee and 25% interest for doing NOTHING.

Why? Because it is their contractual right to do so.

Creditors and collectors continually look for ways to fleece people. Consumers have to learn to take advantage of THEIR rights.

d) - HUH? Where does that come from? Did you read

Locating an attorney,publishing your case, representing yourself?

d) - Is this what I'm supposed to read?

"Plaintiffs-appellees Bernita and Kevin Washington (the "Washingtons"), Peggy and Ray Malbrough (the "Malbroughs"), and Bernice and Vernon Guichard (the "Guichards") (collectively, the "consumers") allege that defendants-appellants CSC Credit Services, Inc. ("CSC") and Equifax Inc. ("Equifax") (collectively, the "reporting agencies") violated the Fair Credit Reporting Act ("FCRA" or "the Act")."

I thought we're talking FDCPA.

f) - You read it, and you're wondering if they got dismissed? Didn't you see my last sentence?

"Assuming that it is correct that the FTC and FCC have to consent to legal action, plaintiff has no grounds to object to the dismissal."

Of course they were dismissed! I know nothing about suing the government. I was hoping for some ANSWERS. But of course they didn't answer, they just moved to dismiss.

So I took the opportunity to tell the FTC and FCC ON THE PUBLIC RECORD how screwed up they are. They can't say they didn't know. And, they are investigation American Agencies, that's more than I hoped for.

Questions for you: do you think I'm right or they are right?

Do you think it's appropriate that the FCC demanded that I hire an attorney and pay $165 for a formal complaint against Verizon?

Do you think it's right that the FTC allows the sales of incomplete credit reports?

Do you think its right that the FTC allows the CRAs to subject everybody to ID theft because they refuse to implement PINs?

Do you think it's right that the FTC doesn't investigate the overwhelming majority of complaints?

Do you think it's right that at least 30% of the credit reports are so incorrect and incomplete that the resulting FICO scores are substantially lower than they SHOULD be?

g) - I don't know. There's nothing I can do to get the bureaus and Capital One to report the credit limits. I've even sent my statements. Do you have any advice for me?

Other than that, I haven't had any problems since I filed my lawsuit. TU actually deleted all derogs prior to the filing due to my publications. Well, that's my assumption, I can't see any other reason.

h) - both. I have settled with some defendants, and am open to settle with others. But I'm not planning on settling with the CRAs because I want changes for EVERYBODY. So, unless the CRAs and Capital One make some changes, I'd rather get nothing and focus on the publications.

I am aware that there are rules that would require me to pay their legal fees if I turn down a settlement and I later get a lesser amount awarded. So, if they offered millions, I'd probably have to take it. But then again, I'm not losing any sleep over that, since that's extremely unlikely to happen :-)

Actually, making money for myself is probably not the right way to put it. Any money I've made since 2001 from clients or settlements went right back to paying for the web sites, software, computers, printers, legal resources, etc. The money I spend on myself is less than $500/month. I don't need much, especially because pretty much all I do is work. Food, auto insurance, repairs and maintenance ...

I do have to work on putting some money aside for myself sometime. I'm 46 years old with absolutely no retirement money, no health insurance, won't get any social security (even if it's still around) etc. One of these days I really do have to start being more concerned with myself than with others.
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Tjackson
Registered User
Username: Tjackson

Post Number: 9
Registered: 05-2004
Posted on Friday, May 14, 2004 - 02:49 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Let me briefly respond:
(1)Honestly, I didn't read your entire answer. It became a boring diatribe of questions and wasn't even an answer. So, your right, I didn't get to the end. But the outcome was obvious from the beginning.
(2) I guess this means I don't have to buy you any books?
(3) Read the entire opinion. Try to get past just who is suing who....there is more
As for the rest.. I'll respond when time allows.
Will I give you any help? I think you made your opinion clear on giving free help. So no, I have none to offer. Please remember "***THIS IS NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH IN ANY MANNER-THIS IS ONLY A PERSONAL OPINION***
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Christine
Board Administrator
Username: Christine

Post Number: 2015
Registered: 09-2002
Posted on Friday, May 14, 2004 - 03:23 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"boring diatribe of questions"

What's boring to you is the essence of this site and everything I do.

And for the record, I most certainly appreciate any and all help. Legal advice, PR, web work, etc and of course financial help:

http://www.bayhouse.com/donate.shtml
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Christine
Board Administrator
Username: Christine

Post Number: 2016
Registered: 09-2002
Posted on Friday, May 14, 2004 - 04:55 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"(3) Read the entire opinion. Try to get past just who is suing who....there is more"

I read Washington v. Equifax and CSC, failed to see any relevance whatsoever. The court ruled that prior to litigation for failure to implement reasonable procedures, the credit report has to contain a violation and a consumer needs to show damages. THAT is what people need to do: FIND VIOLATIONS. I've never recommended suing for reasonable procedures only. And since the FDCPA comes with statutory damages, it is NOT necessary to prove damages.

The few FDCPA references in this decision relate to INJUNCTIVE relief and enforcement.

What am I missing?

It's also totally bizarre that the courts rule not to allow injunctive relief in class actions and insist that it's up to the FTC.

The FTC is NOT enforcing the FRCA.
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Bobsearle
Registered User
Username: Bobsearle

Post Number: 1
Registered: 06-2004
Posted on Thursday, June 24, 2004 - 07:16 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Couldn't the injunctive relief be forced as a matter before a court, because the FTC is an admistrative body, and has no enforcement mechanism without the consent of the court? I have read a couple of opinions especially from the DC district where plaintiffs were denied injunctions because the court mistakenly stated it was the sole responsibility of the FTC to stop tort feasors from conducting illegal behavior.

Who do the justices think signs the injunctions for the FTC?



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Christine
Board Administrator
Username: Christine

Post Number: 2044
Registered: 09-2002
Posted on Thursday, June 24, 2004 - 09:47 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Well, this is a different issue, although very important.

I read today in a legal newsletter how the OCC preempted not only state consumer protection legislation with regards to national banks, but they also claimed that the state AGs can not sue national banks.

Frankly, I'm so sick of the FTC doing nothing, don't know if you read my filing in my suit against them, posted at the blog at http://creditsuit.org/

I couldn't sue the FRB Richmond into enforcing the FCRA, McAfee should be spending many years in prison for that.

The problem is that all the federal regulators are as corrupt as could possibly be, and many federal judges have been appointed in recent years who will support the corporations and not the people.

My solution: 10 or 20 million consumers spend the next weekend writing their complaints and they all file next week. :-)

That would get some attention AND results.

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