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West Virginia AG Sues Midland

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Posted 10 March 2012 - 11:53 PM

State Attorney General Sues Encore Capital; Debt Buyer Responds

"McGraw issued a press release indicating that the suit was 'for using false affidavits when obtaining default judgments against West Virginia consumers and for failing to include information required by law when suing a consumer in magistrate or circuit court for an alleged debt,' echoing allegations made by a number of state attorneys general."

"San Diego-based Encore said late Thursday that the lawsuit was a surprise, and that it has reached out to McGraw’s office to initiate discussions in response."

Poor boo-boos! Someone hand me a tissue.



Any suggestions I offer are based upon my own experiences, research, and/or opinions. In legal matters, it's best to seek the advice of an attorney.  You can get the name of a consumer attorney in your area from either your state bar association or from the National Association of Consumer Advocates (NACA).

#2 OFFLINE   Coltfan1972


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Posted 11 March 2012 - 12:57 AM

Pretty soon it's not going to be which AG's have sued Midland, but which ones have not.
When the Philistine arose and came and drew near to meet David, David ran quickly toward the battle line to meet the Philistine. And David put his hand in his bag and took out a stone and slung it and struck the Philistine on his forehead.

Then David ran and stood over the Philistine and took his sword and drew it out of its sheath and killed him and cut off his head

1 Samuel 17:48 & 51

“It does not seem unfair to require that one who deliberately goes perilously close to an area of proscribed conduct shall take the risk that he may cross the line.” See, FTC v. Colgate-Palmolive Co., 380, Supreme Court of the United States, U.S. 374, 393, 85 S. Ct. 1035, 13 L.Ed. 2D 904 (1965).

No section of the FDCPA requires an inquiry into the worthiness of the debtor or purports to protect only deserving debtors, to the contrary, the FDCPA protects all consumers, from the gullible to the shrewd. See, Bass vs Stolper, Koritzinsky, Brewster, and Neider, S.C. 111 f3d. 1322, 1330, (1997).

Please understand I'm NOT an attorney. In all legal matters it is highly advisable to seek the advice of a professional.

#3 OFFLINE   usagi555


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Posted 11 March 2012 - 10:49 AM

I love how they reference their consumer bill of rights that they don't follow. It even has this little gem in it:

We will engage law firms that litigate in good faith and treat consumers with respect.


No Midland, you're lying. You hire whichever papermill gets you the most default judgments.

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