Attorney Settlement 10 DAYS TO RESPOND PLEASE HELP!

[Thoth73]

Greetings forum members,

I tried to post this one before but I never saw it come up. Moderators if this is a double copy please accept my apologies and delete one of them. Thanks!

I am in need of some advice regarding my situation. My bf has posted a few threads regarding my situation. Here are those previous links discussing the topic to bring you up to speed.

http://www.debt-consolidation-credit...d.php?t=266197

http://www.debt-consolidation-credit...d.php?t=268656

I received a letter from the debt collection attorney stating as follows:

Settlement opportunity

Your account is schedule to charge off if payment is not received by July 20, 2007 Our glient has granted us an opportunity to accept a settlement based on the above information. In event that you are unable to pay the settlement amount by that date, our client is willing to accept a payment plan on the settlement if the first payment is may by July 30, 2007 We sincerely urge you to take advantage of this opportunity.

In the event that you are unable to settle your account, we would be happy to discuss a resonable monthly payment plan with you. Please call our office at 1-800-xxx-xxxx In order to take advantage of the settlement

Very truly yours,

Debt collection attorney

Also, on the back of this notice it says:

Uness you notify this office within 30 days after receiving this notice that you disput the validity of this debt or any portion therof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you disput this validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.

This is VERY CONFUSING. I've already debt validated this attorney almost 2 months ago! They never responded. It was signature confirmation as well! THEY SIGNED FOR IT. I have the signature right here. What do I do?

I've read some of Good credit is Sexy and from what I can determine they are currently in violation of a few FDCPA guidelines.

1.) They never notified me in writing 30 days of inserting negative information into her credit report.

2.) They never validated the debt as me. Even though the request was placed into writing and sent with a signature confirmation request (which they signed) I requested to not be contacted whatsoever only if it was to verify that the debt was me, through payment history, copy of original signature etc.

3.) They have continued to call me daily with automated collection calls and leaving automated collection messages.

4.) Me credit report STILL shows the delinquency and has not been corrected.

With now less than 10 days to respond what would you suggest is my next step??

Would this be where I write a letter to the attorney again stating that they either validate or we file a suit?

I never did write to the credit bureaus to contest that they are reporting because I wasn't sure what to say. Should I still do this as well?

I'm being told I should retain council with an attorney versed in collection practices but I'm not sure where to turn.

Anyone who has any advice. Please help!

[razr]

Don't get bent out of shape about the "attorney" nonsense. This is just another dunning letter. Since you DV'ed them before with no response, they are in violation of the FDCPA.

FDCPA 809( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

-r

[Thoth73]

R,

Thanks for the response. What should I do next being that they are in violation by still trying to call me and write to me?

[razr]

R, Thanks for the response. What should I do next being that they are in violation by still trying to call me and write to me?

Any effort they made to try and collect this debt w/o validation is another violation. This includes reporting to the CRAs, calls and letters.

I would find the proper court documents to file a civil suit and write out a complaint. I've filed compaints in small claims court here in PA, so it does not have to be fancy shmancy legal language.

I then send the complaint along with an ITS letter offering to settle. I usually give them 15 days to respond.

-r

[Thoth73]

Thanks again R for the information.

I've received DOZENS of auto dialer calls but have never picked up but only a handful of them. The auto dialer leaves me messages and I have the call history that I can print out on my cellphone. They have called no less than 5 Dozen times can I site them for this? I assume I can also get them for this Settlement opportunity letter as well being that it didn't validate this alleged debt whatsoever?

I noticed this post placed by another member

The Telephone Consumer Protection Act is designed for. The TCPA is a Federal Law that prohibits any person from calling a telephone number assigned to a cellular telephone with an automated telephone dialing device or an artificial or prerecorded voice.

The only exceptions to this rule are for emergencies and if you gave your express consent or for cellular telephone companies (if they do not charge for the call).

There is a private right of action in the law and you must file in state court. The penalty is minimum of $500 per call. If they knowingly or willfully violate then it is tripled to $1,500 per call.

Sorry to sound slow... but what is an ITS letter?

[razr]

Sorry to sound slow... but what is an ITS letter?

I don't know about the phone thing, but that would be a biga$$ lawsuit if you can get them per violation.

An ITS letter is an Intent to Sue letter. It is a legal requirement in certain types of lawsuits. However, in this situation, it's just notice to the creditor that you are serious. It's also a final effort to reach settlement before going to court.

-r

[Thoth73]

I don't know about the phone thing, but that would be a biga$$ lawsuit if you can get them per violation.

Here is a link I found on the subject. On the auto dialer they are NOT giving their name or address, only that they are calling for me and leaving their number, no other information. The question is would I have had to request myself to be removed from their list BEFORE they would be in violation, or not?

http://www.the-dma.org/guidelines/tcpa.shtml

Other important provisions of the TCPA include:

* A ban on autodialers and artificial or prerecorded voice messages programmed to call any emergency phone lines (including 911 numbers, hospital emergency lines, physicians or medical service lines, health care facilities, poison control centers, fire protection or law enforcement agencies), pagers or cellular phones, or a call for which a charge is made to the calling party.

* A prohibition against the use of artificial or prerecorded voice messages to call a residence except in cases of emergency or if the caller has received prior express consent. (Such calls to businesses are not prohibited.)

* A prohibition against the use of an autodialer to engage two or more lines of a multi-line business.

* A requirement that anyone using an autodialer or an artificial or prerecorded voice message to call any number state the identity of the caller at the beginning of the message and give the address and phone number of the caller during the call.

* A ban on sending unsolicited advertisements by fax to anyone without prior express consent. A prior business relationship is considered consent unless the recipient of the fax withdraws that consent. (This provision was unsuccessfully challenged in federal court.)

[razr]

A call is exempt from the TCPA if the call:

Does not include an unsolicited advertisement, even if it is made for a commercial purpose.

Seems like it would shoot down a TCPA claim.

-r

[Thoth73]

You're right. I'm still wondering... if even though they are not placing an advertisment on their recording by not announcing who they are and where they are located are they not in violation?

* A requirement that anyone using an autodialer or an artificial or prerecorded voice message to call any number state the identity of the caller at the beginning of the message and give the address and phone number of the caller during the call.

[pandmel]

A call is exempt from the TCPA if the call:

Does not include an unsolicited advertisement, even if it is made for a commercial purpose.

Seems like it would shoot down a TCPA claim.

-r

Using an automated dialer to call a cellphone is against the TCPA. If you do a google search for TCPA and ACA (American collectors association) you will see where they are trying to get this changed. To call a cell phone with an automated dialer is a violation period. Even if it is political or a non-profit here is an article I found. and another one here.

You can actually use this to your advantage if you are wanting to be litigious over it. Each call with an automated dialer to your cell is a $500 statutory penalty to be paid to you unless your state laws differ. That $500 can be trebled as well. You should mitigate and tell them to take your cell phone out of the auto dialer.

I am not an attorney so you may need to do some more research, however the TCPA is a good tool to use to your advantage as the $500 is the award unlike the FDCPA up to $1000. if they did it the law says $500 per occurance up to $1500.

If you send me a PM I can give you more resources.

[PolarBearnCO]

If you have the evidence to prove their violations, I'd file suit and send an ITS letter offering to settle out of court for an amount payable to you equal to what they are attempting to collect, in addition to deleting the tradeline after you return that payment amount back to them, paying the collection... lol.

If they would rather go to court, you'll probably get quite a bit more from them, but the tradeline may remain, or be reinserted later.

[razr]

Using an automated dialer to call a cellphone is against the TCPA. If you do a google search for TCPA and ACA (American collectors association) you will see where they are trying to get this changed.

Well, there ya' go.

-r

[Thoth73]

Well, there ya' go.

-r

Great info pandmel thanks!

Does anyone have a ITS letter they would recommend I use?

In this letter I assume I outline all the violations as well as the TCPA violation correct?

[razr]

In this letter I assume I outline all the violations as well as the TCPA violation correct?

I'd suggest you get the actual form you would use to file a complaint w/your local court. Write the complaint on that form and submit it with the ITS.

My ITS letters are short and sweet.

Here is a sample:

APPLIED CARD BANK

PO Box 17125

Wilmington, DE 19850-7125

July 1, 2007

Re: Acct #12345678910111213

I've been attempting to clear this matter up with you since March of 2007. However, you have simply refused to comply with the law. Therefore, this is NOTICE OF INTENT TO SUE. The enclosed complaint will be filed in fifteen (15) days from the date you receive this letter if settlement cannot be reached.

I will settle for $1500.00 and removal of any and all information you have furnished to any and all credit reporting agencies.

-r

[pandmel]

Great info pandmel thanks!

Does anyone have a ITS letter they would recommend I use?

In this letter I assume I outline all the violations as well as the TCPA violation correct?

It is usually pretty cut and dry. Send them a letter. I have proof that you broke the law pay up sucka or try to explain to a judge that you did not.

You can sue for TCPA in small claims. I would not even worry about FDCPA. TCPA is very cut and dry $500 per call. No if's and's or but's. They will usually fold quickly, as a matter of fact just have them served, that is what I do. Makes things happen a lot faster. The best ITS is a summons.

Small claims is so much easier than Federal and much faster. YMMV I am not an attorney.

Paul

[Thoth73]

I spoke to an Experienced credit reporting problem attorney on the phone today. He said I would need to be aware if I send out an ITS letter or file against the debt collection attorneys they would be forced to file a counterclaim. At that point I could very well win on quite a few violations but they might still win on so many counts and this would in turn still be my debt + attorneys fees. This guy charges 1k retainer and bills $250/hr ouch! I told him that I feel I have a solid case because they never validated the debt as mine. He said the case could take 6 months to complete

Does anyone want to help me through this who has experience in this area? I dont have much money but I really need the help. Any credit repairs pros reading this HELP!

[Thoth73]

Anyone had any input?

[elyse449]

Anyone had any input?

Ok, I know I'm going to get stuff thrown at me for this suggestion...but oh well.

I just can't stand the idea of skirting around paying our bills. We don't learn anything that way, we aren't learning how to be financially solvent and responsible by LOOKING for ways out of paying our bills.

If the debt is old and out of SOL that's a bit different, because I don't agree w/ getting it up the ya-hoo with a broom stick and no vaseline either--that simply isn't right...ex; by paying a collection that is so old or what not that paying it will only re-age it and cause further harm to one's credit files. But in this case, you're saying this bill isn't charged off so that tells me that it's fairly recent...which means it'll be that much harder to fight in court. Folks are better at keeping records when it's something that has only occurred within the last two years or so.

When a person owes a debt and the debt itself is valid AND if the company is willing to work with you, one should pay their debt, or at least attempt to work with their bill collector. Sorry. JMHO. Mind you, I DO NOT LIKE COLLECTION AGENCIES, however...perhaps had one contacted their OC when they knew they couldn't pay it, that could've been avoided all together. Have you tried contacting the OC directly? The CA won't appreciate being cut out of their share or what not, but they MAY be willing to work with you instead. Ya never know...

If you received goods for services and now owe money because of it--well, ya should pay it...JMHO. Now, this hasn't even charged off yet so you don't even have a CO to worry about on your credit files.

The main issue is how much is this debt and how much do they WANT versus how much do you have...those are the main issues. Think about that before spending a bunch MORE money on court. Lawyers and courts don't deserve our money ANY MORE than collection agencies do.

If this debt were older, I would tend to agree w/ the other recommendations..but from what I'm reading, it's fairly new...if I'm wrong on that and IF it is old and IF they sent you a dunning letter and you returned a response requesting a DV than I would definitely side w/ the other responders. Courts should be a last resort and only when you're certain you are NOT in the wrong.

At least contact them to see if you can negotiate the TL reporting.

Good luck with whatever you decide to do.

Elyse

[ladyjen80]

dont ever do a Settlement. i know in NY you have to pay taxes on the rest of the balance. and it goes on your report as a charge off. thats not too good.

[IHateCAs]

Well look who's back.

[KentWA]

Thoth73, this guy can not be too experienced if he said they can pursue a counter claim. There is a ton of case law that says they may not, because the suit is not about the debt, but their actions.

[elyse449]

OP,

Consult your tax advisor prior to paying this. Typically, if they "forgive" beyond 500.00 in debt you will get a 1099 that you'll have to include in your tax forms at the end of the year. All it does is, adds back income to yours--and typically, that doesn't change a whole lot for people as far as what they get back, but I'm sure that depends on your income. But again--refer to your tax advisor to discover the POSSIBLE ramifications of a settlement.

Elyse

[Thoth73]

Thoth73, this guy can not be too experienced if he said they can pursue a counter claim. There is a ton of case law that says they may not, because the suit is not about the debt, but their actions.

I was thinking the SAME THING!

Here is their latest action. I got served by Wolproff and Abramson on 8/6/2007. It's a form stating the National Arbitration Form Claim. Then it states this:

My name

My address

My city, state, zip

RESPONDENT(S)

For a claim against the Respondent(s), claimant states:

1.) By way of contract and use of the crecit account at issue, Respondent(s) became bound by the terms of credit agreement (herenafter the "Agreement"), which is attached hereto and incorporated herein by reference.

2.) Respondent(s) IS/ARE IN DEFAUL UNDER THE TERMS OF THE aGREEMENT AND Is/are now indebted to the Claimant in the amount of $3,382.32 , as freflected in attached account summary, plus interest of $xx.xx as of the date of filing, and at 9.--% thereafter.

3.) Despite repeated demands for payment, Respondent(s) has/have not paid the amounts due.

4.) Claimant requests and Award for the amounts reflected in Paragraph 2, plus all arbitration fees incurred, Service of Process fees and Attorney Fees of $ xxx.xx , if allowed by law, equaliing 15% of the outstanding principal balance.

5.) The attached Agreement contains a mandatory arbitration providsion which provides that any dispute between Respondent and Claimant related to the above-referenced credit account must be resolved in the National Arbitration Formum ("NAF") under the NAF code of Procedure.

6.) The attached Agreement contains a Delaware choice of law provision and provision for "reasonable" attorneys fees. Delaware law specifically provides that an attorney fee may be awarded on an unpaid account if allowed by the credit agreement. See, 5 DEL. Code & 951. Delaware law also regognizes that an attorney's fee in an amount up to twenty percent (20%) of the principal outstanding balance is reasonable. See, 10 DEL.Code & 3912.

The undersigned consel for Claimant asserts, under penalty of perjury, that the information contained in this claim and thhe supporting documents attached hereto are accurate to the best of the undersigned knowledge, information and belief.

WOLPOFF & ABRAMSON, L.L.P

attorneys in the Practice of Debt Collection

By:____________________________________________

Attorney's name

Counsel for the Claimant

PAGE 2---------------------------------------------------------------

Then the next page states this:

SUMMARY OF ACCOUNT INFORMATION

ACCOUNT STATUS REPORT

Date filed 7/27/2007

Account number xxxxxxxxxxx

Cardmemeber Agreement: NEA90

Primary Account Holder: MY NAME

Address: MY CURRENT ADDRESS

My city, state, zip

Home Phone: (This is blank)

Work phone: (This is blank)

Social Security Number: My social security number

Secondary Account Holder:

Address:

Home Phone: (This is blank)

Work phone: (This is blank)

Social Security Number: (This is blank)

Secondary Account Holder:(This is blank)

Address:(This is blank)

Home Phone: (This is blank)

Work phone: (This is blank)

Principal balance $xxxx.xx

Interest Rate: 9.00%

Date Assigned 05/24/2007

INFORMATION DRAWN FROM ACCCOUNT RECORDS AND CURRENT AS OF THE DATE FILED

PAGE 3----------------------------------------------------------------

NOTICE OF ARBITRATION

AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU.

Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure, without cost. From the Claimant or from the forum at WWW.ARBITRATION-FORM.COM Or phone number

IF YOU DO NOT DELIVER THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN RESPONSE AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT

YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERIVCE.

You have a number of options at this time. You may:

1.) Sumit a written response to the claim, stating you reply and defenses to the claim, together with documents supporting you position Your response must be delivered to the claimant and filed with the forum. Read National Arbitration Form [NAF] Code of Procedure Rules 13 and 6 C.

Proof of delivery of the response on the claimant must also be filed with the forum. Read NAF Rules 2A, 2M and 2AA. Proof of delivery can be a statment: "Respondent, under penality of perjury, sttes that the response was delivered to Claimant by [explain how delivered, such as mail or other methods in NAF Rule 6C]".

A Counter Claim, Cross-claim of Third Party Claim must also be delivered and filed with the Forum, and accompanied by the fee as provided in the Fee schedule. Read NAF Rules 14, 15, and 16. Forms for suchh Response and CLaims may be obtained from the Forum.

If you fil to respond in writing to the Claim, an Aaward may be entered aginst you and in favor of the Claimant.

1.) Select a Document Hearing or a Participatory Hearing. You may request a hearing in your repsond or in a separtate writing. You may select a document or Participatory Hearing, and you may also request a Hearing on-line or by telephone. If an in-person Participatory Hearing is selected, it will be held in the federal Judicial District where you reside or do business, unless you have agreed otherwise. Parties have a full and equal right to resent relevant and reliable direct and cross examination testimony, documents, exhibits, evidence and arguments. Partties also have thhe right to subpoena witnesses. Your written Request for a hearing must be filed with the Forum. You must also deliver a copy of your Request to the Claimant and any other Parties. See NAF rules 5D, 25, 26,29,30,31, and 33.

3.) Have other options. You may seek the advice of an attorney or any person who may assist you regarding this arbitration. See NAF rule 3. You should see this advice promplty so that your response can be delivered and filed within the time required by the Cold of Procedure. Parties have the right to adjournment for good cause within the time period allowed in Rule 9E. See NAF rule 5 for a summary of Arbitration Procedures. If you have any questions about responding, you may contact the Forum.

The Forum is an independent and impartial arbitraion organization, which does not give legal advice or represent parties. ThiIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION

PAGE 4 - 8 ------------------------------------------------------------

CREDIT CARD AGREEMENT

ADDTIONAL TERMS AND CONDITIONS

(This just shows a copied version of of the alleged agreement.

I do not see all items I requested they provide. They did not provide me with the following items I requested now 3 times.

1.) Explaination of how they actually derived at the total they are claiming.

2.) Provide me with copies of any papers that show I agreed to pay what they say I owe (with original signatures)

3.) Prove the statues of limitations has not expired on this account

4.) Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent.

[Thoth73]

The other interesting thing is this that I found while researching them.....

Wolpoff & Abramson Legal Defense

by: Kenneth M. DeLashmutt

If you have a MBNA or Bank of America credit card in default or if you are receiving dunning letters or if you are you being sued or taken to the National Arbitration Forum by Wolpoff & Abramson, you may have a defense to the lawsuit and/or a claim against them.

Since the National Arbitration Forum is a division and/or wholly owned subsidiary of Wolpoff & Abramson, any arbitration by the National Arbitration Forum is an absolute conflict of interest and can not be legally considered independent, neutral and impartial third party in arbitration. Any decision would be immediately be null and void under the federal arbitration act presuming there was an actual agreement between the parties to arbitrate a matter which there is none.

Consumer advocate and credit/debt expert Bud Hibbs has information about Wolpoff here. Indeed, Mr. Hibbs ranks Wolpoff as the 3rd worst debt collection agency in the United States.

Wolpoff & Abramson, LLP is a large national law firm of approximately 850 employees, in the practice of debt collection for large national retail and banking clients.

Contact Information:

Wolpoff & Abramson, LLP

Two Irvington Centre 702 King Farm Blvd.

Rockville, MD 20850-5775

Just because a Wolpoff & Abramson, sues you does not mean that they are automatically entitled to a judgment. They still have to prove their case, and you can have a trial, even a jury trial. The key is to answer their letters and arbitration threats and/or lawsuit in a timely manner. If you answer in time you can successfully defend your case. You may win, and have a judgment in your favor entered stating that you owe nothing.

There is No Contract:

Consumers can choose not to contract with Wolpoff & Abramson for arbitration in accordance with Hale vs. Henkel, 201 U.S. 43 (1906) and can reject any and/or all correspondence, claims, or any other documents implying they have contracted with them for arbitration in any manner, shape or form.

Any arbitration conducted by Wolpoff Abramson and the National Arbitration Forum is in violation of many of the laws, statutes, acts, codes, rules, listed below, constitutes a willful and intentional commercial injury to the consumer where the National Arbitration Forum is legally liable for.

The National Arbitration Forum cannot provide proof that the alleged “claim” is in compliance with the Code as filed and said “claim”, as filed, further lacks several key elements required by law as follows:

National Arbitration Forum Rules:

1. Rule 1 of the Code states that both parties agree to arbitrate.

2. Rule 2A(2) of the Code requires that the initial claim shall include: a copy of the arbitration agreement or notice of the location of a copy of the arbitration agreement;

3. Rule 12A(3) of the Code requires a copy of documents that support the claim;

4. Rule 12A(4) of the Code requires an affidavit asserting that statements and documents in the claim are accurate;

5. Rule 12A(5) of the Code requires that the appropriate filling fee be paid;

6. Rule 12B requires that claimant promptly file with the forum proof of service of the initial claim on the respondent;

7. Rule 20A of the Code indicates that the arbitrator have powers provided by the code, the agreement of the parties and the applicable substantive law;

8. Rule 20C of the Code indicates that the arbitrators do NOT have the power to decide matters NOT properly submitted under this code.

For the reasons stated above, any claims submitted to the National Arbitration Forum should be deemed frivolous due to the claimants numerous violations of the code and should be dismissed involuntarily pursuant to Rule 41 of the Code. This, of course, is in addition to all of the other violations of laws, acts, statutes, codes, doctrines, maxims of law and case law as cited below.

Liability:

A lawsuit can be brought against Wolpoff & Abramson for willful and intentional fraud and racketeering which will be prosecuted for treble damages for commercial injury pursuant to racketeering under Title 18, Chapter 96 of the U. S. Code.

Case Law:

Miller v. Wolpoff & Abramson, 2d Cir., No. 02-7017, 2/25/03

In the case of Miller v. Wolpoff & Abramson, 2d Cir., No. 02-7017, 2/25/03, retailer Lord & Taylor referred a debt to the Wolpoff & Abramson law firm for collection. After reviewing the alleged past due account and the retailer’s efforts at collection, partner Ronald Abramson sent a debt collection letter to the credit card holder, Arthur Miller. Miller did not respond to the letter. Thereafter, Abramson referred Miller’s file through the National Attorney Network (a debt collection referral service) to a second law firm, Upton, Cohen & Slamowitz. This firm filed suit against Miller seeking recovery of the credit card debt as well as attorney’s fees. Miller countered with his own lawsuit alleging that the law firm violated the Fair Debt Collection Practices Act (FDCPA), 18 U.S.C. §1692, by sending debt collection letters on attorney letterhead without meaningful review of the circumstances of the alleged debt by any attorney. Additional counts were listed in the complaint, but this is the issue on which we will focus on. The district court granted summary judgment on all counts. On appeal, the U.S. Court of Appeals for the Second Circuit vacated the summary judgment stating that it was “premature” because the lawyers’ affidavits contained too little information. The affidavits stated only that Lord & Taylor reported the debt was due for collection and that Abramson had exercised “independent professional judgment” prior to authoring a collection letter.

According to Miller, Wolpoff & Abramson averages 55,000 new collection accounts monthly. Judge Sonia Sotomayor indicated that firms may be liable under the Fair Debt Collection Practices Act if they handle a large volume of accounts, receive limited information about the accounts, review the collection files with such speed that no independent judgment could be found to have been exercised, and issue form collection letters “with a push of a button.” The court advised that a lawyer may not act solely on the client’s word that a valid debt is due and owing. The court, however, refused to delineate steps that a firm must take prior to sending out collection letters on firm letterhead.

What does the Fair Debt Collection Practices Act’s requirement of “meaningful review” mean anyway? This court stated that “merely being told by a client that a debt is overdue is not enough.” Clearly, a lawyer must do something other than rely upon a client’s word. Some amount of research and review of the individual account must take place. Implicit in this case was the court’s concern about the large number of collection accounts that the firm received each month. Was the court implying that there might be a potential issue of unauthorized practice of law? The Fair Debt Collection Practices Act requires a meaningful review by an attorney of the circumstances surrounding an alleged debt (emphasis added). Let’s say for the sake of argument that a firm lands a big account and receives in excess of 50,000 files for collection per month. Having a paralegal review, for example, the debtor’s payment history and credit report may enable the attorney to process the files in a more efficient and timely manner. However, the attorney still has a duty to ensure that the information provided by the paralegal is accurate. In other words, rubber stamping of another’s work product does not reduce the risk of a malpractice claim or of an ethical complaint. The court in Miller did not set out a list of do’s and don’ts. However, it makes good sense for a collection practice to have a set of guidelines or procedures in place to demonstrate that 1) the alleged overdue account was meaningfully reviewed and 2) that an attorney was involved in the review.

Case Law (continued)

United States District Courts and Supreme Court Rulings in Mile High Industries v. Cohen, Rhode Island v. Massachusetts, Szetela v. Discover Bank, Toppings v. Meritech Mortgage Services, Inc., Doctor’s Associates, Inc. v. Casarotto, Vermont v. New Hampshire, Casteel vs. Clear Channel Broad., Inc., Fleetwood Enterprises, Inc. vs. Gaskamp, Stout vs. Byrider, Myers vs. MBNA America and North American Capitol Corporation, Georgia v. South Carolina, Hale vs. Henkel, Erie Railroad Company v. Tompkins, Trinsey v. Pagliaro and Adickes v. Kress & Co.

A Landmark Decision for Consumers

In The Supreme Court of the State of Kansas No. 94,380

MBNA America Bank, N.A. v. Loretta K. Credit (yes that is her name)

Note: Loretta is a pro se litigant

Many consumers who have chose not to continue paying their credit card bills for what ever reason they had, found themselves getting an Arbitration Award rendered against them. By far most were arbitrated by a company called National Arbitration Forum. We have known for years the connection between National Arbitration Forum and Wolpoff and Abramson. We have known for years that as a consumer, you would not have any chance of winning your arbitration. Their clear biased decisions were clear evidence that you as a consumer could not possibly win.

For years National Arbitration Forum advertised to banks telling them they could "protect" them from class action suits brought against them by consumers who have gone through the arbitration process. They have thrown huge and lavish parties inviting all the big names in the banking industry. This all done in an attempt to gain new "customers".

With all the parties and seminars with banks, how could NAF not be biased? If they ruled against the bank, the bank would no longer want to use them as their "exclusive" arbitration forum! However, for many years, the courts have turned a blind eye to the injustice that American's are facing everyday by this corrupt and biased system. UNTIL NOW!

Finally a court has decided to do their job and protect the American Citizen from this abuse. We proudly stand up and applaud the Kansas Supreme Court. This honorable court has now ruled that an Arbitration Award CANNOT be confirmed without showing a "signed" Arbitration Agreement between all parties involved. This is a landmark decision for consumers. See the ruling here.

There are many other Procedures, Rules and codes that may be used against Wolpoff & Abramson.

What can you do about it?

If you have ever had and Arbitration Award rendered against you by National Arbitration Forum, call us as soon as possible. You may be able to stop them from getting a judgment against you.

National Arbitration Forum’s Wall of Secrecy Begins to Crumble

While very few of them actually know it, courts would say that tens if not hundreds of millions of Americans have “agreed” that if they ever have a dispute against various powerful corporations, that their dispute will be decided by an organization named The National Arbitration Forum (or “NAF”). Who is the NAF? What is its background? Is it really a neutral organization, or is it likely to favor one side or the other in disputes?

http://educationcenter2000.com/debt_collectors/NAF_walls_crumble.htm

With everything goin on in my world I'm not sure what my next step would be any input would be great! BRING ON THE HELP FORUM MEMEBERS, I SURE NEED IT RIGHT NOW! I'm uncertain of how to put this together and build myself a case. HELP!

DEBT COLLECTION ATTORNEYS

[Thoth73]

Anyone