Lionheart Group Scam Prevention Toolkit » debt collectors

Bud Hibbs Wants Your Junk Debt Buyer Affidavits from Debt Collection Lawsuits

Sat, 23 Apr 2011 14:41:00 +0000

Bud Hibbs is attempting to collect affidavits to show that junk debt buyers engage in signing documents where they claim to have firsthand knowledge of the accounts and that these affidavits are routinely

Judge Issues Huge Smackdown on Debt Collectors and Industry for Harassing Consumers on Facebook and Social Media

Tue, 19 Apr 2011 00:41:00 +0000

This should be a warning to every debt collection company in the United States that do not reign in collectors that break the law to make a quick commission. Legal precedence and decisions such as this will cost your companies mega-bucks. Personally I hope debt collectors do continue to harass consumers this way, so that the consumers can sue the pants of of the idiots and put money in their pockets for enduring the abuse. I like getting paid for debt collectors breaking the law. I’ve made more suing devious debt collectors than they ever have from me, and as long as they flaunt the law consumers can and will get paid for the harassment. A debt collection company operating in Jacksonville Florida, MarkOne financial, has (probably fired by now)

Two More Consumers Fend Off Debt Collectors in Court and Win with “THE BOOK”

Wed, 23 Mar 2011 01:00:38 +0000

I do love hearing that readers of the Stick it to Sue Happy Debt Collectors Book are fighting back against frivolous debt collection lawsuits and winning. Consumers that cannot afford and attorney can defend themselves in court again debt collectors and leave triumphant. Below are portions of emails that I received today from readers. I am so glad that I can empower people and enjoy their victories nearly as much as they d0.

Is American Express Violating the Credit Repair Organizations Act Using A Debt Collection Letter?

Tue, 08 Mar 2011 17:18:00 +0000

Last month I received and unusual letter from American Express Centurion Bank offering me a chance to repair my credit, by them offering a credit card, if I pay an alleged debt. I do believe this “offer” is an unfair and deceptive act that may violate the Credit Repair Organizations Act by promising to improve my credit. The letter gets even funnier, further down in the letter they use a carefully worded phrase (after offering me a new credit card) that states, “After you pay your balance in full we will send you a pre-qualified application for a new Optima card”.

Man Can Sue for FDCPA Violation – Debt Collector Filed Suit in Wrong Jurisdiction

Tue, 08 Mar 2011 16:48:00 +0000

Jonathan Hess of Clay New York won the right to peruse debt collection law firm Cohen & Slamowitz for violations of the Fair Debt Collection Practices Act (FDCPA). Cohen & Slamowitz filed a collection lawsuit against Mr. Hess in an improper jurisdiction. The U.S. Court of Appeals in New York reversed a lower courts ruling which allows Mr. Hess to continue his FDPCA lawsuit against the law firm. “The initial lawsuit against Hess was filed in Syracuse City Court by Woodbury-based Cohen & Slamowitz on behalf of Midland Funding. Hess hired lawyer Anthony Pietrafesa, who challenged the lawsuit on jurisdictional grounds because none of the parties resided in Syracuse or a contiguous town as required by law.” ~ Syracuse.com Debt collectors must file debt lawsuits in the judicial district in which the defendant resides. Failure to properly files in the proper venue and jurisdiction should result in a dismissal of such lawsuits. In my opinion the filing of a lawsuit in an improper jurisdiction could quite possibly be a violation of the FDCPA, as it is false or misleading.

TCPA Class Action Filed Against Debt Collector Portfolio Recovery Associates Inc

Thu, 03 Mar 2011 17:05:00 +0000

Turner Law Offices, Llc Announce Filing Of A Class Action Lawsuit Against Portfolio Recovery Associates, Inc.

Stick It Book Reader Gets Portfolio Recovery Debt Collection Lawsuit Dismissed with Prejudice

Fri, 25 Feb 2011 17:26:00 +0000

It warms my heart when a

Been Sued by Debt Collector Midland Funding LLC? You May Can Get Paid for Your Troubles

Mon, 21 Feb 2011 18:52:00 +0000

Encore Capital Group Inc (ECPG) that owns and operates Midland Funding LLC a junk debt buyer and collection company. In consumer advocacy and protection groups, Midland Funding is well known for aggressive collection tactics such as filing lawsuits against alleged debtors. In many cases the use of an affidavit of debt or account were submitted as evidence supporting Midland Funding’s complaints. The problem is that these ‘affidavits’ may have been flawed or false documents submitted before the court. Encore Capital Group has just recently agreed to settle all pending class-action lawsuits that allege the company used false or phony affidavits in lawsuits filed against consumers. “In the most prominent case, an Ohio federal judge ruled in 2009 that Encore violated federal and state laws by trying to collect credit-card debt using a fake affidavit. Encore disclosed its settlement of the Ohio suit on Monday in a Securities and Exchange Commission filing. Some regulators and judges have complained that documents submitted to courts by debt collectors as proof of what a borrower owes frequently are sloppy or fraudulent. The accounts bought by debt-collection firms often lack information about the underlying debts, such as contracts or payment histories, according to judges who rule on collection cases. “ ~ MarketWatch In addition, the Texas Attorney General recently ordered Encore Capital to produce documents in an ongoing investigation of the company and its subsidiaries, and its methods of collecting debts. What this means for individuals sued by Midland Funding? It means that consumers may have an option to reopen a case that Midland Funding brought against them and have it dismissed for possible perjury or fraud upon the court. This also means that any default judgment obtained or garnishment orders could be dismissed as well. I suggest that if you have been sued or in the process of being sued you may want to contact a consumer protection attorney or even proceed as a pro se litigant and look into have judgments overturned. While I am not an attorney, Encores business practices of using falsified affidavits may also run afoul of the Fair Debt Collection Practices (Act) for use of false or misleading means to collect a debt. Whatever the case may be, consumers sued by Midland Funding now have a tool in which to have judgments or garnishments overturned and quite possibly a strong FDCPA case against Midland Funding LLC.

Consumer Beats Debt Collectors Zwicker and Citibank in Court with the ‘Stick It’ Book

Wed, 02 Feb 2011 17:45:00 +0000

Once again, justice is served for consumers. As I have often stated, most debt collection attorney’s, debt collectors, and junk debt buyers don’t have the proof that is needed to prove a consumer owes a debt. They still file frivolous lawsuits even they don’t have proper proof in the hopes of scaring a consumer into paying or that they are able to obtain a summary or default judgment. The biggest problem is that consumers are not aware of or are afraid of debt lawsuits and collectors. In as high as ninety percent of the cases get a judgment because the consumer did not respond or fight back and the plaintiffs were awarded a judgment. Just this morning I received an email from a read of ‘Stick it to Sue Happy Debt Collectors’ and he said: “I bought your book a few months ago and used the information to fight Zwicker and Associates who was representing Citibank. Today I received a call from a representative at the law firm telling me that they have voluntarily dismissed the case! Thank you for the book and all your help.” ~ J Wright I tell countless consumers every day that in nearly ninety-five of debt lawsuits the plaintiff doesn’t have sufficient proof to get a judgment and that by fighting back (as outlined in my book) and a consumer can win against debt collectors. I receive emails every week from happy and relieved consumers that did fight back using the book and won. The tactics that I use to put debt collectors in place (in court) and the countless consumers I have helped with the book

Criminals Working for Debt Collectors May Be Stealing Your Identity

Mon, 31 Jan 2011 15:54:00 +0000

It is bad enough that many times consumers are illegal threatened and harassed by ruthless debt collectors. It appears that many debt collection companies do not perform criminal background checks on call center employees. Many of these employees have criminal records. Even worse is the fact that many states do not require licensing or at the least background checks for debt collection employees. These collectors have open access to a consumers credit reports, bank account information and possibly other credit card information. The state of Minnesota is one of the few states that do require criminal background checks on the collectors they employ. In the past they found that one in twelve collection employees had a criminal record, including: identity theft, rape, check forgery, and assault (source Star Tribune ) The state of Minnesota has put eight large collection companies on notice and is considering pulling their collection licenses because they have consistently failed to perform criminal background checks on employees. The companies are Allied Interstate Inc, AllianceOne Receivables Management Inc, Bureau of Collection Recovery, I.C. System Inc, Financial Recovery Services Inc., NCO Financial Systems Inc, Receivables Management Solutions Inc, and Van Ru Credit Corp. Scary to think that persons involved in identity theft and check forgery has access to countless consumer’s personal credit information. Consumers having financial problems should freeze their credit immediately to prevent potential identity theft by collection industry employees. Other states should license debt collection industry employees or at the very least force companies to perform criminal background checks. All consumers deserve protection from known criminals, don’t you think?

Lionheart Group Scam Prevention Toolkit » debt collectors

Bud Hibbs Wants Your Junk Debt Buyer Affidavits from Debt Collection Lawsuits

Judge Issues Huge Smackdown on Debt Collectors and Industry for Harassing Consumers on Facebook and Social Media

Two More Consumers Fend Off Debt Collectors in Court and Win with “THE BOOK”

Is American Express Violating the Credit Repair Organizations Act Using A Debt Collection Letter?

Man Can Sue for FDCPA Violation – Debt Collector Filed Suit in Wrong Jurisdiction

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TCPA Class Action Filed Against Debt Collector Portfolio Recovery Associates Inc

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Stick It Book Reader Gets Portfolio Recovery Debt Collection Lawsuit Dismissed with Prejudice

Been Sued by Debt Collector Midland Funding LLC? You May Can Get Paid for Your Troubles

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Consumer Beats Debt Collectors Zwicker and Citibank in Court with the ‘Stick It’ Book

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Criminals Working for Debt Collectors May Be Stealing Your Identity