southland2003 Posted April 11, 2004 Report Share Posted April 11, 2004 Has anyone here sued, or considered suits, or know of any suits and/or case law pertaining to and/or preventing such suits for continuing criminal enterprise, e.g. wire fraud, mail fraud, extortion, theft, etc., under the Racketeering Corrupt Organizations Act, against original creditors, collection agencies, and/or collection attorneys?southland2003. Link to comment Share on other sites More sharing options...
Ravenous Wolf Posted April 11, 2004 Report Share Posted April 11, 2004 Actually, quite a few people here have sued. And many have won...The "Is There A Lawyer In The House" forum is loaded with plenty of posts and threads about people from this board who have sued (or been sued)... Link to comment Share on other sites More sharing options...
southland2003 Posted April 11, 2004 Author Report Share Posted April 11, 2004 Wolf:Thanks for the reply. I know that quite a few people have sued and won but was curious about lawsuits specifically under the RICO Act and Title 18.I will check the other source you referenced.southland2003. Link to comment Share on other sites More sharing options...
wert Posted April 11, 2004 Report Share Posted April 11, 2004 I don't think you are going to have much to sue under the that specific act. Even though RICO in a sense is a broad based act with a wide definition of claims and violations, it's not going to be specific enough for debt and credit purposes. I think it's much wiser to produce violations in reference to the correct law so judges don't question the damages. Link to comment Share on other sites More sharing options...
DarthJerek Posted April 11, 2004 Report Share Posted April 11, 2004 I have a lawyer acquaintance who sued a major photocopier company using RICO. It was the sort of situation where something was represented about a copier lease account he felt was fraudulent.He used phone calls (wire fraud) as the predicate acts. Was successful in getting a settlement from the photocopier people. (Scared the living daylights out of them is what it did.)Used it myself once to sue a bail bondsman who had jacked my son around. Wireless fraud and misrepresenting oneelf as a law enforcement officer were the predicate acts. Got immediate results.I would have no qualms whatsoever in using it on a CA if I had the appropriate factual circumstance. It's a lovely tool in the right hands. Link to comment Share on other sites More sharing options...
willy2004 Posted April 12, 2004 Report Share Posted April 12, 2004 will post it here too, okay Two enterprises acting in concert with each other is a requirement for a RICO claim. It may be a single "group," for example a mob family laundering money thru a restaurant.A creditor and a CA operating together = satisfies RICO in that respectA single entity representing itself as one entity = does not satisfy RICOtry ricoact.com Link to comment Share on other sites More sharing options...
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