Archive for March 31st, 2010
Energy Star program is under fire – MarketWatch
March 31st, 2010. Published under Political Scams. No Comments.
Energy Star program is under fire MarketWatch Still, government rebate and tax- credit programs, including about $300 million from the American Recovery and Reinvestment Act, help offset those costs for … and more
Pension question?
March 31st, 2010. Published under Tea Party. No Comments.
I have a question that I can not find the answer to, but 1st let me explain. My great grandfather was a lawyer for Teddy Roosevelt, he was married with 4 daughters, when my great grandfather died in t
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Pension question?
Republicans unite around Gibson – Albany Times Union (blog)
March 31st, 2010. Published under Political Scams. No Comments.
Albany Times Union (blog) Republicans unite around Gibson Albany Times Union (blog) … and said that Murphy, D-Glens Falls, has led the district down the wrong path with his votes in favor of health care and cap and trade legislation. … and more
The Cap and Tax Man is Coming – Big Government (blog)
March 31st, 2010. Published under Political Scams. No Comments.
Big Government (blog) The Cap and Tax Man is Coming Big Government (blog) It's just a little bone to get the Cap and Tax passed. Too many Americans think of Cap and Trade only in terms of the cost to their gas tank or the utility …
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The Cap and Tax Man is Coming – Big Government (blog)
Michael Tomasky: Obama and drilling – The Guardian
March 31st, 2010. Published under Political Scams. No Comments.
Michael Tomasky: Obama and drilling The Guardian ' Cap and trade ' is one solution to our global warming problem, there are other and better solutions available. (I don't support the cap-and-trade market, … and more
Social welfare advocates collective responsibilty – Northwest Missourian
March 31st, 2010. Published under Political Scams. No Comments.
Social welfare advocates collective responsibilty Northwest Missourian The Cap-and-Trade bill harkens back to the Antiquities Act of 1906, which allowed the chief executive to protect habitats and environments. …
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Social welfare advocates collective responsibilty – Northwest Missourian
The anti-Crist – Economist
March 31st, 2010. Published under Political Scams. No Comments.
Economist The anti-Crist Economist Mr Rubio is wooing them by vowing to stand up to Mr Obama: on taxes, on health care and on cap-and-trade . Mr Crist, by contrast, publicly embraced the … and more
Drill, Barry, Drill! Obama OK’s Off-Shore Oil Drilling. – Right Pundits
March 31st, 2010. Published under Political Scams. No Comments.
Drill, Barry, Drill! Obama OK's Off-Shore Oil Drilling. Right Pundits This is part of Obama's scheme to get Senate Republicans on board the Cap -&- Trade Express. Senator Lindsey Graham (R-SC) has been playing footsy with the …
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Drill, Barry, Drill! Obama OK’s Off-Shore Oil Drilling. – Right Pundits
What’s next on Obama’s to-do list for Congress? – Lake Expo
March 31st, 2010. Published under Political Scams. No Comments.
What's next on Obama's to-do list for Congress? Lake Expo Environmentalists are pushing for quick action on energy and environmental legislation known as cap-and-trade , a measure designed to lower pollution over … and more
‘Lying, cheating, defrauding taxpayer are all OK’ announces panel of MPs – Telegraph.co.uk (blog)
March 31st, 2010. Published under Fraud, Political Scams. No Comments.
'Lying, cheating, defrauding taxpayer are all OK' announces panel of MPs Telegraph.co.uk (blog) … before we all sign up massive cap and trade scheme, which will cost billions if not trillions, and has already been shown to be open to corruption? …
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‘Lying, cheating, defrauding taxpayer are all OK’ announces panel of MPs – Telegraph.co.uk (blog)
Legal Precedents (Decisions) to Use When Fighting Junk Debt Collector Lawsuits
March 31st, 2010. Published under Scams. No Comments.
DISCLAIMER: I’m not an attorney and this isn’t legal advice. It is for informational purposes only. Legal information is not legal advice. ~ Allen Harkleroad I’ve been receiving a lot of email regarding Junk Debt Buy collection lawsuits. In nearly all cases the junk debt buyer seems to be manufacturing documents to use in court, or creating questionable affidavits and filing them. In nearly all cases these affidavits of account or record are hearsay be default. However if it were me I would file a sworn graduated denial with the court ( read my book ), to in effect make all affidavits filed by the junk debt collector heresy. If you do not contest the affidavits or questionable exhibits many times a judge won’t rule on them and by default allow the documents. You must question them all in court so that a judge will exclude or not allow them. Below are several legal precedents (legal decisions) that may cite as objections, and/or motions or briefs that you may in the course of defending yourself in court. Affidavits are often submitted to prove default that are conclusory and insufficient. Manufacturers & Traders Trust Co. v. Medina, 01 C 768, 2001 WL 1558278, 2001 U.S. Dist. LEXIS 20409 (N.D.Ill., Dec. 5, 2001); Cole Taylor Bank v. Corrigan, 230 Ill.App.3d 122, 129, 595 N.E.2d 177, 181-82 (2nd Dist. 1992) (where bank officer’s “affidavit essentially consisted of a summary of unnamed records at the bank,” unaccompanied by records themselves and unsupported by facts establishing basis of officer’s knowledge, foundation was lacking for admission of officer’s opinion regarding amount due on loan); Asset Acceptance Corp. v. Proctor, 156 Ohio App. 3d 60; 804 N.E.2d 975 (2004). Computer-generated bank records or testimony based thereon are often offered without proper foundation, or are summarized without being introduced. Manufacturers & Traders Trust Co. v. Medina, supra; FDIC v. Carabetta, 55 Conn.App. 369, 739 A.2d 301 (1999), leave to appeal denied, 251 Conn. 927; 742 A.2d 362 (1999). A witness cannot “testify” by regurgitating the content of business records that a witness has reviewed when the witness has not seen or heard the events in question. Such regurgitation is hearsay, plain and simple. Wahad v. Federal Bureau of Investigation, 179 F.R.D. 429, 438 (S.D.N.Y 1998); In re McLemore, 2004 Ohio 680, 2004 Ohio App. LEXIS 591, *P9 (Ohio App. 2004); Nebraska v. Ward, 510 N.W.2d 320, 324 (Neb. App. 1993).. “There is no hearsay exception . . . that allows a witness to give hearsay testimony of the content of business records based only upon a review of the records.” Grant v. Forgash, 1995 Ohio App. LEXIS 5900, *13 (Ohio App. 1995). See generally, Trujillo v. Apple Computer, 578 F. Supp. 2d 979 (N.D.Ill. 2008), condemning the inclusion in an affidavit of information supplied by others. A good case (from the debtor’s perspective) involving debt buyer affidavits is Luke v. Unifund CCR Partners, No. 2-06-444-CV, 2007 Tex.App. LEXIS 7096 (2nd Dist. Ft. Worth Aug. 31, 2007). In Unifund CCR Partners v. Cavender, No. 2007-CC-3040, 14 Fla.L. Weekly Supp. 975b (Orange Cty. July 20, 2007), the court held that a debt buyer “assignment” that does not refer to specific accounts does not establish ownership by the plaintiff, nor is testimony based on a computer screen sufficient National Check Bureau v. Ruth, No. 24241, 2009 Ohio 4171 (Ct. App., 9th Dist., Aug. 19, 2009) (document referring to transfer of accounts on Exhibit 1, without Exhibit 1, not sufficient to “prove the assignment”). “Generic” contracts that cannot be identified as pertaining to the specific account sued upon, Velocity Investments, LLC v. Alston, 2-08-746 (2nd Dist., Jan. 15, 2010), supra. Filing a single lawsuit without having in hand the means of proving it is not a violation of the FDCPA (Harvey v. Great Seneca Financial Corp., 453 F.3d 324, 330 (6th Cir. 2006)), but a practice of filing lawsuits with the intent of dismissing them if they are contested may be a violation of the FDCPA (Mello v. Great Seneca Financial Corp., 526 F.Supp.2d 1020 (C.D.Cal. 2007)). Source: Collection Defense February 2010 PDF , this document written by attorney Daniel A. Edelman has a large amount of debt buyer defenses, legal citations and other collection case information including examples of FDCPA violations. Anyone that is fighting debt collectors, especially junk debt buyers should review the document and consider making use of the legal precedents contained in it. For more information on how to fight debt lawsuits yourself (Pro Se) and beating debt collectors, be sure to read my (Allen Harkleroad) book, “ Stick it to Sue Happy Debt Collectors ”.
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Legal Precedents (Decisions) to Use When Fighting Junk Debt Collector Lawsuits
Funding United States Stimulus Package With Chinese Investment in US Treasuries
March 31st, 2010. Published under Economic News. No Comments.
March 15th 2009 In an effort to fund its stimulus package and support its economy, the United States is pressing China to buy up its treasury securities during these difficult economic times. With China sitting on a growing mountain of foreign exchange reserves no one can miss the significance of the secretary of state for the United
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Funding United States Stimulus Package With Chinese Investment in US Treasuries