You’ve been served – should you fight?

I previously posted in great detail at the old FDRS blog:

You’re being sued — now what?

More and more FDRS victims are being served and as I have been working with consumers who were sued, I have to emphasize that if you have no assets and you are barely getting by, you really should consider IGNORING the lawsuits and/or filing for bankruptcy.

It is EXTREMELY stressful to deal with the HOSTILE court system, rules no “normal” person can understand and unhelpful clerks.

It takes MANY hours to learn court rules, credit reporting and collection laws and to get a CHANCE at prevailing. 

Especially if you have kids, you really should focus on THEM and on being the best parent you can be.

  • Change your phone number (get an UNLISTED number) if you get collection calls.
  • SAVE all correspondence from creditors, collectors and courts.

You may also be able to have judgments vacated if you did not respond to the summons because often service is NOT made according to the rules.  See my posting:

Cuomo sues collection attorneys – default judgments to be vacated

And even if the judgments stand, you can usually settle them for MUCH LESS later.    Or maybe you move to another state — few creditors bother with “domesticating” judgments in other states.  In some states wages can NOT be garnished — do your homework.  Judgments can only be reported on your credit for 7 years (5 years in NY.)

A little planning goes a LONG way.

As many millions of consumers are defaulting on their debts — NOT because they’re lazy or stupid, but because our government is corrupt — we will see a lot more leniency by employers and creditors.

Focus on POSITIVE activities, your family and friends, start a garden and pray for the best, but prepare for the worst.

Consider ALL your options.  Become engaged in your community.  Move to another state?

I can’t tell you what YOU should do other than to consider all your options.

I’ll be glad to help those of you who DO have assets, income and the stamina to fight, but most people should simply take a step back and try for their fresh start.

We now have 15 damage reports and you MAY just get a check from Mark Cella and/or his cronies.   And even if no money is recovered and they just go to jail (hopefully), you will be able to show the damage reports and my published complaint to any potential employers or creditors IF judgments and your credit become an issue.

Many THOUSANDS of people have been scammed by credit counselors and debt settlement companies.  You’re not alone.

NAMES in the damage reports

Check out the damage reports and compile a listing of NAMES of FDRS people provided and reference the post number.  The more people there are to sue, the better the chances of recovering $$$.   It would be very cool to have comprehensive list to provide to the AG and other regulators.

I would LIKE to do this, but I just don’t have time — occasionally I have to do some paying work.

Two new reports of the California AG doing NOTHING

Over the last couple of days I received two more reports of the Cal. AG doing nothing to recover funds from FDRS for the defrauded victims.

From PLEASE send your complaints to the California Attorney General – they are actively investigating

… We sent all the documentation to Gayle Weller at the Sacramento AG office and after two months she wrote back stating that there had been no response from FDRS and our case was being closed. …

What are they SMOKING at the California AG’s office?

Are they really expecting CRIMINALS like Mark Cella and Dan Lyle to RESPOND to these complaints?

This is truly insane, but unfortunately nothing new in California.  In fact, the refusal of California’s regulators definitely contributed to the credit crisis because they refused to investigate complaints about mortgage brokers who advertised illegally and who lied about the mortgage rates and terms.  The California Department of Real Estate condoned the illegal marketing DESPITE my complaints in 2004 and 2005.

It is now apparently a waste of postage to send your complaints to the AG.

DONATE to Liars and Cheats EXPOSED to pursue FDRS and to try to MAKE California Attorney General Jerry Brown investigate through open letters, press releases, etc.  With a $50 donation, you also get a FREE 6-months subscription to CreditFactors.

Forcing regulators to pursue FDRS, Mark Cella, Dan Lyle, etc.

I set up this new site to stop the many emails and comments at my old FDRS blog by former FDRS clients and to finally get regulators and specifically the California AG to do whatever it takes to recover the FDRS profits for restitution to its defrauded clients and to put Mark Cella and Dan Lyle in jail.

The history and details are explained in About FDRS and you can submit your notice of damages at Submit your DAMAGES!

If you have any questions, please post here or at the FAQ.