One of my clients recently received a collection letter from Nelson & Kennard. It starts with, “as you are aware, our office has obtained a judgment against you on behalf of our client, FIRST RESOLUTION INVESTMENT CORP.”
My client was NOT aware of this judgment as he had never been served. Interestingly, the judgment is not reported on the credit reports.
As of 5/6/11, they demanded $11,653.88, not exactly spare change!
My client sent me his power of attorney and since last Tuesday I’ve been trying to talk to an attorney at Nelson & Kennard to discuss this issue. Unfortunately, I only got to speak to obnoxious collectors who wouldn’t transfer me to an attorney.
Collector Mithun Sarang refused to accept the dispute, but he finally did agree to fax the Proof of Service. It was immediately clear that process server Tom Miranda did NOT serve my client at 9:55 PM at his former place of employment because he had been laid off a month earlier and he worked normal office hours and NOT in the middle of the night.
I informed Mr. Sarang yesterday (5/19/11) and he replied:
All that is irrelevant. The judgment’s already been obtained against him. …
A few more excerpts, in response to my request to speak to one of their attorneys:
… You can do whatever you please. We’re going to execute upon the judgment. …
… the attorneys hired us to handle these specific cases for them. …
… For any payment arrangements, in the event that you are looking for some kind of payment arrangements I can work with you, but I’m going to terminate the call. …
… So basically I wouldn’t be doing my job in the event that I actually transfer the call to one of the attorneys. So I’m handling the case and I’m going to make a decision to execute upon the judgment. You can do whatever you please and seek counsel in the event that you want to do or take whatever steps you want to take.
The default judgment was obtained in California and my client lives in Washington. He will have to retain an attorney licensed in California to file a motion to have the default judgment vacated. I searched the web for the procedure and found this sample motion – obviously a document that should be filed by an attorney.
In order to get a COMPETENT attorney to take the case on contingency, we need to document solid violations of the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA) and California state law, such as the California Rosenthal Act.
I’ve done a little research on First Resolution Investment Corp and will update with lawsuits against them.
Claims against First Resolution Investment Corp:
- My client disputed the account directly with First Resolution and the credit bureaus. First Resolution FAILED to validate. Apparently they decided to COLLECT instead.
- While they now report the account as “disputed” to the credit bureaus, they report INCORRECT balances and other incorrect data.
Claims against Nelson & Kennard, their attorneys and collectors:
- Collector Mithun Sarang refused to accept the dispute and refused to advise their client First Resolution of the dispute.
- Just like First Resolution, collector Mithun Sarang continued to collect, knowing that my client knew nothing about the judgment and he did not validate the account as required by the FDCPA.
- Collector Gytana Castro refused to accept the dispute and refused to advise their client First Resolution of the dispute.
- It is very clear from my recorded conversations with both Sarang and Castro that they were instructed by the attorneys to IGNORE all disputes, to never transfer calls to the attorneys and to do nothing but collect.
My client just ordered all the filings from the court and it might take a few weeks to receive those. However, the complaint was available online and attorney Robert Scott Kennard included a Bill of Sale from Chase to Unifund and from Unifund to First Recovery. These documents do NOT mention my client’s name or any account number. And they were not authenticated.
A number of documents were filed with the application for default judgment and we’ll see once my client receives the documents whether they have any ADMISSIBLE evidence.
I just posted: If you’ve been sued, make sure you follow MN AG Swanson’s suit against Encore / Midland Funding
Many consumer attorneys say that most debt buyers can’t prevail in court because they have no ADMISSIBLE evidence to document their claims. All they have is HEARSAY.
Process server Tom Miranda and Wakeman Process Service:
- Apparently Miranda committed perjury.
I still have to research them and I will be posting the documentation from the lawsuit, relevant cases and screenshots of the credit reporting, etc.
I will also post audio excerpts from my calls to the Nelson & Kennard collectors.
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