This is truly INCREDIBLE.  While collectors and their attorneys routinely LIE to consumers AND to the courts, consumer attorney Lyons was suspended by the MN Bar for failing to disclose his client’s death during settlement negotiations.

So what?

Was his client hurt?  Was the client’s estate hurt?

Compare that to Capital One’s attorneys LYING to the court and the Arizona State Bar IMMEDIATELY dismissing MY complaint.  The Utah State Bar REFUSED to investigate my complaint about the Lexington Law credit repair scam.

More recently, collection lawyer Jennifer Spiegel with Hammerman & Hultgren P.C. filed a FALSE complaint about ME because I had advised them and the court of the FDRS fraud and unlicensed practice of law and I had requested their client Household’s assistance with pursuing FDRS.  The Bar complaint and my response are posted:

Arizona State Bar supports CRIMINALS, corrupt lawyers and banks

Yesterday I got my mail, no word from those corrupt thugs at the AZ State Bar.

As long-time readers know, I have posted EXTENSIVELY about corrupt CONSUMER lawyers:

Cream skimming CONSUMER ADVOCATE lawyers sold out to the corporations

David Szwak SHOULD have been disbarred a long time ago.  I already set a blog up for him here,  but haven’t had time to work on it.

I have no idea whether Lyons was a good attorney or whether he deceived his clients like so many other consumer attorneys, but I can state with absolute certainty that his punishment does NOT fit the crime because lawyers lie ALL THE TIME.

It’s the attorneys’ JOB to lie to the courts and to the opposing parties and attorneys.  I could post links to HUNDREDS of attorney lies to the courts in my cases and no Bar association or judge ever had a problem with often OBVIOUS lies.

How many COLLECTION attorneys did the Minnesota Bar suspend for lying to consumers?

The InsideArm article: Read more…

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Filed under: Attorneys tagged attorney Thomas Lyons, disbarred, State Bar

It is sad to see the  MN Star Tribune publish this vile “counterpoint” by Rozanne M. Andersen,  CEO of the ACA International, the primary organization of debt collectors.

Counterpoint: Avoid jail by paying off debts

Last update: June 19, 2010 – 9:14 PM

Over the past two Sundays, the Star Tribune has recounted horror stories about Minnesotans jailed for failing to appear in court as ordered by a judge (“In jail for being in debt,” June 6, and “Wasting tax dollars collecting debts,” editorial, June 13). The articles and subsequent editorial characterized the practice of serving bench warrants as egregious, suggested the process was a waste of the taxpayers’ money and called for legislators to revisit this subject when they convene in 2011.Minneapolis-based ACA International is the leading trade association for more than 5,000 third-party debt collectors, asset buyers and debt collection attorneys. ACA believes the travesty is not the fact that the bench warrant process exists; rather, it’s that citizens who blatantly disobey court orders are seen as victims.

We disagree with the Star Tribune’s off-base assertion that this is a problem created by, and unique to, debt collectors. While the Star Tribune focused on people who were arrested because of a missed court date pertaining to a rightfully owed debt, the reality is that court orders to enforce judgments are fairly common as a means to enforce state law for a variety of matters, including personal injury, child support and orders to testify in court.

Third-party collectors collect debt on behalf of business clients. When attempts to collect by way of phone calls or letters prove unsuccessful, creditors often forward the account to a collection attorney and ask that it be sued out. The best advice I can give to anyone who owes a bad debt is to not ignore calls from the creditor, to respond when contacted by a debt collector, and to seek the advice of an attorney if served with a summons and complaint. Ignoring a debt will never make it go away.

Minnesota is fortunate to have many resources available to help consumers understand their legal rights. ACA is committed to helping consumers understand their rights, and we encourage anyone who has questions about the debt collection process or their legal rights to visit askdoctordebt.com. [LIES emphasized]

Should the Minnesota Legislature choose to debate in 2011 how to best save taxpayers money by more efficiently and effectively attending to people who have missed a mandated court date, ACA would welcome the opportunity to work with lawmakers on systemwide reform.

ROZANNE M. ANDERSEN, CHIEF EXECUTIVE OFFICER,

ACA INTERNATIONAL, MINNEAPOLIS 

Of course Ms. Andersen spews lie after lie:

“Ignoring a debt will never make it go away.”

What a BLATANT and outrageous LIE!

In FACT, just about ALL debts “go away” after the statute of limitations expires.

The statute of limitations for cell phone bills is two years (federal law) and every state has its own laws determining how long a creditor can SUE for a debt.  For credit cards, the time varies from 3 to 10 years.

But even more important, MOST collectors do go away if you just IGNORE them!

Not only have I been working with many clients, but I am proud to have taken a stand against credit card abuse and I voted with my money:

12/12/2007:  My open Letter to WaMu re. my refusal to pay my $8,000 WaMu (Providian) VISA card due to the 26% interest rate

I had PERFECT credit when Washington Mutual decided to triple my interest rate.  Because they refused to lower my rate, they never got one penny from me again and since other creditors subsequently (and foolishly) also raised their rates, I defaulted on about $90,000.   I was financing the construction of my home with credit cards and had planned on refinancing the debt into a mortgage.

I KNOW that MOST collectors WILL go away when you ignore them.

Of course I keep the collection letters and I RECORD all calls and messages left by them.  If they do sue me, I have counter claims.  Collectors CONTINUALLY violate the Fair Debt Collection Practices Act (FDCPA).

• If the debt is more than you can settle if you are sued and you’re NOT judgment-proof,  do NOT demand that the collector not contact you again.  What you SHOULD do depends on YOUR situation and the creditor/collector, but don’t ever demand that a collector stop contacting you if they have valid claims and could sue you.

However, creditor lawsuits have increased tremendously in recent years and here are a couple of recent corruption documentaries:

• Arizona State Bar supports CRIMINALS, corrupt lawyers and banks
• Cohen & Slamowitz Unfair Collection Litigation Practices

A few weeks ago a reader emailed that he challenged the Cohen & Slamowitz  default judgment and not only did the judge vacate the judgment, but he dismissed with PREJUDICE (they can’t sue again) when C & S failed to submit documentation for the debt.

Another debt “gone away.”

In typical collector fashion, Ms. Anderson LIED to get people to pay “alleged” debts.

Not to mention that consumers get next to NO legal help, do NOT know their legal rights and that the ACA website askdoctordebt.com is NOT a place for consumers to get help, but for collectors to get consumers to PAY.

How about JAIL for LIES?

Ms. Anderson, YOU should be in jail for making such an outrageous FALSE statement.

As I have documented so many times, collectors routinely lie to people and they even EXTORT monies NOT owed!

If lies were illegal, we’d solve most of the planet’s problems and we could pursue happiness — as is our constitutional right.  This is not an exclusive American problem, but most economies and governments are based on lies and operate with one goal: to exploit and to CONTROL the PEOPLE and to amass wealth and power for the elite.

I do NOT think that Ms. Anderson is part of the elite, but apparently she strives to further their goals, she doesn’t have the brains to understand reality or she is obsessed with dollars.

One thing’s for sure: The ACA, askdoctordebt.com and Ms. Anderson are NOT trying to help you, they’re trying to get your last dollar.

• As the ACA president, Ms. Anderson is personally responsible for the pain and suffering the members of her organization inflict on human beings and the divorces, medical problems, suicides and murders they cause –  just like BP CEO Hayward is responsible for the catastrophe in the gulf.

And just like oil drilling, collections are not necessary.   We could use alternative energy and alternative currencies (not created by the private bankers) and ALL of us would have greatly improved chances of living healthy and productive lives.

There is NO debtors’ prison – why are people jailed?

In some states creditors who receive judgments can have the court issue a subpoena, ordering the consumer to appear in court for the “debtor’s examination.”  Sometimes creditors also send forms to be completed by the debtor, requiring the disclosure of all assets and income.

When consumers fail to respond and if they fail to appear in court after being ordered by the judge, a BENCH WARRANT can be issued.  Often people don’t even know about it until they get pulled over for a traffic violation and get arrested.

It is DEPLORABLE that any state would ARREST the people who have been abused, deceived and essentially bankrupted by the CRIMINALS (who created money out of NOTHING when making loans at usurious interest rates) and their henchmen, the collectors.

There is NO need to waste even MORE tax payer money on jailing consumers.

Literally TRILLIONS of dollars were given to bankers and international corporations (bailouts and “stimulus” money) and now they JAIL the people while the corporate criminals enjoy record bonuses.

There are MANY services available to provide collectors with information about debtors’  assets and income.

The creditors HAVE the debtors’ social security numbers and they can easily obtain asset and employment information through inexpensive data services.

Ms. Anderson wants to SCARE people into paying debts with money that SHOULD be used to pay for food, rent, utilities, health care, etc.

Why don’t you try ME, Ms. Anderson?

Why don’t you have ME jailed?

Most people are so scared, don’t know the law and don’t have the TIME to learn about laws and courts because they’re busy working and just trying to get by.  Why don’t they sue ME?

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Filed under: collection, litigation tagged ACA, jail for debt

It may SEEM like Colorado consumers enjoy protection, but there is no mention of PROSECUTION in AG Suthers’ press release.   No jail, no fine, no penalty, no restitution whatsoever.

The harassed consumers got NOTHING?

This type of enforcement is equivalent to a bank simply closing the account after a consumer fails to make payments and NOT pursuing the consumer for the amount owed.

Wouldn’t THAT be nice?  Imagine if you didn’t follow the rules and even lied on your application, but you won’t be sued and simply can’t do business with that bank anymore.

Attorney General issues order barring Denver debt collection agency from operating in Colorado

05/21/2010

DENVER — Colorado Attorney General John Suthers announced today that his office has issued an order barring the David Faith Corporation from collecting debts in Colorado. According to the order, the Denver-based company engaged in fraudulent and threatening debt collection practices, which is barred under Colorado law, and attempted to collect debts prior to obtaining a license from the state. The company’s owner, Chad Lee, also lied on the company’s application to become a licensed debt collection agency concerning his criminal history.

“Colorado debt collection laws are intended to shield consumers from collection agencies and scam artists that engage in fraudulent or threatening behavior,” Suthers said. “This case underlines my office’s commitment to keeping companies that abuse consumers out of Colorado. Consumers should familiarize themselves with their rights under Colorado law and report debt collection companies, like the David Faith Corporation, that engage in questionable or illegal behavior to my office.”

The order denies the David Faith Corporation’s application for a debt collection license and bars the company and its owners from starting any other debt collection firm in the state.

When dealing with debt collection agencies, consumers should remember:

• If a collection agency or debt collector threatens you in any way, hang up and file a complaint with the Office of the Attorney General.
• If a collection agency or debt collector declines to provide you with a record of the debt, hang up and file a complaint.
• If you dispute a debt a collection agency attributed to you in a timely fashion, the collection agency must provide some proof that you actually owe the debt before contacting you again.
• If you would like to have a collection agency stop calling you at work or home, you must send a letter to the collection agency. A phone call is not sufficient. Once a collection agency receives your letter, they are barred from contacting you.
• If you inform a debt collector that you are not the subject of the debt, they must stop calling you.
• You do not have a right to make partial payments unless the collection agency agrees to such an arrangement.
• When dealing with debt collectors, keep copies of all of your correspondence, including any payments.
• After you have asked a debt collection agency to stop contacting you, for whatever reason, they may only contact you via a lawsuit.

Consumers who believe they have been defrauded or harassed by a debt collection agency can file a complaint online at www.coloradoattorneygeneral.gov/complaint, over the phone via 303-866-5304 or by e-mail to cab@state.co.us. To learn more about the Colorado Collection Agency Board, visit www.coloradoattorneygeneral.gov/ca.

I strongly disagree with AG Suthers’ advice.

Consumers should NOT hang up when their rights are violated, but they should RECORD the calls, post the recordings online, look for an attorney to SUE the collectors and yes, sure, file a complaint with Suthers and the FTC.  But obviously, the regulators do NOTHING to deter illegal collection practices.

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Filed under: Regulators, collection tagged CO AG John Suthers, collection

A very interesting summary of litigation and regulatory actions against Credit Collections Defense Network (CCDN) and attorney Robert Lock is in the Chicago Chronicle (article below).

WV AG McGraw complaint and exhibits: WV AG McGraw sues CCDN (FDRS credit repair and litigation)

I didn’t know that Capital One sued CCDN and others in 2008 and accused them of “forging the bank’s documents to show credit reporting agencies that the debts were settled when they were not.”

I really don’t understand why Capital One didn’t get them to shut down a long time ago!

According to the article, Capital One also accused them of advising consumers not to repay their debts (interfering with their business).

I’m by NO means a Capital One fan, after all, I also advise (near) judgment-proof readers to STOP paying their credit card debts to the big banks, including Capital One.

And I walk my talk.  I defaulted on my four Capital One credit cards in 2008.  It’s a moral and patriotic action and the only MEANINGFUL non violent action to protest the takeover by vile bankers who are destroying America and possibly much of the so-called civilized world.

Vote with your MONEY!

Unfortunately, it’s the ONLY vote that counts in America in the 21st century.

The difference between me and attorney Lock and ALL debt settlement companies:

I don’t charge THOUSANDS of dollars for my advice.

My advice is free.

And that’s why Capital One isn’t suing me despite my NUMEROUS public calls for consumers to stop paying the corrupt bankers.

Why give thousands of dollars to frauds like CCDN and FDRS to try to get out of debt?

You don’t need to pay ANYBODY to stop paying your debts!

You may notice the many Google ads to the right — ALL debt settlement / defense ads are for companies like CCDN or FDRS (see my investigation FDRS and Mark Cella Debt Elimination SCAM). Many falsely claim that consumers have the RIGHT to settle debts for less than the amount owed under new legislation, some target Christians and ALL are liars and cheats.

Why do we place Google ads on this site?

Please read http://liarsandcheats.info/advertising/ — the Liars and Cheats EXPOSED website is about educating our readers.

PLEASE take the time to follow the money and learn how business is done.

Here is the Chicago Chronicle article:

Read more…

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Filed under: Debt Settlement, Regulators, Scam, litigation tagged Capital One, CCDN, Robert Lock

A client just received the NCO notice of deletion. He didn’t receive the final bill and he wanted to settle the account.

I advised him NOT to pay because you get NO FICO scoring points for PAYING collections.

So he sent his factual dispute to NCO and they responded by advising that they requested documentation for this phone bill and that they are requesting DELETION of this account from the credit bureaus.

NCO also advised that they will forward any documentation they receive and my client will be glad to settle the account then — if it is not reported on his credit.

As regular readers know, NCO sent me a $2,500 check last year after running my credit.

MOST collectors don’t delete, but they continue to report with the remark that the consumer disputed the account.  Unfortunately, usually only CONSUMERS see that remark as MOST credit decisions are based on credit scores.

FICO scores IGNORE the dispute remarks with collections and continue to rate DISPUTED collections.

Many of my clients WANT to pay their old collections, but unless they need to show paid accounts for a security clearance or job requirement, I can not recommend settling collections.

PAYING reported collections will NOT improve the credit rating and few collectors will delete for payment.

Medical collections are a notable exception as most consumers were overcharged or insurance payments were not credited properly and collectors will often delete IF the consumer properly disputes.

If a creditor promises to delete after payment, be sure to get the promise in writing or at least record the call.

I recently had a client pay almost $80,000 to AmEx to pay his business account in full for deletion of this ONLY derogatory account and reopening his account.

I made several calls to their INDIAN credit reporting center and to the collection department that promised deletion and they assured me that the account would be deleted.  3 months after payment AmEx finally reported the account as a PAID charge-off. And they had reopened his account.

I finally spoke to a supervisor who stated that they NEVER delete for payment.  Of course I told him about my many recordings promising deletion, but he insisted that they don’t delete.  I was foaming at the mouth and ready to spit nails and advised my client that I’d be glad to provide my declaration for a lawsuit.

To my surprise, the next morning the account had disappeared from all three credit reports and my client’s FICO scores were in the 750s — where they should be.   It wasn’t his fault that one of his customers filed for bankruptcy and he had paid back every penny.

We never found out why they deleted, but I suspect that AmEx looked up my websites after my final call.

DOCUMENT promises of deletion by creditors and collectors.

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Filed under: Credit Reporting, collection tagged AmEx, deletion, NCO, settling