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Seymour Lecker - What is he and how to deal with him?


pterry
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Seymour Lecker has apparently purchased an old judgment for $0 and is trying to collect it from a friend of mine. I had her send him a debt validation letter which she did. It also told him to quit contacting third parties. He has been contacting people from her website and telling them she owes money on a judgement he's trying to collect. He keeps threatening her that he 's going to start contacting her vendors listed on her website if she doesn't pay what he wants by today.

He replied today with:

I have received your CEASE & DESIST LETTER sent "pursuant to the FAIR DEBT COLLECTION PRACTICES ACT, 15 USC 169g Sec 809 (b)".

You need legal not consult wit an attorney.

I am not a "THIRD PARTY COLLECTOR". The FDCPA does not apply to me. PERIOD.

All the information that you have requested has already been provided to you repeatedly.

Collection activity will continue on this account

Isn't he considered a bill collector and doesn't the FDCPA apply to him?

Also he's in Vancouver Canada trying to collect on a judgment from New Orleans from someone who is now living in San Francisco. Isn't he crossing some lines there?

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I have learned that SLecker is the judgment creditor and thus exempt from the Fair Credit Act because he is not a third party. Rats.

Anyone have any experience in dealing with judgment creditors?

Specifically, how do you get them from contacting your friends, families, etc. and keep them from telling them that they are trying to collect on a judgment from you?

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From the information provided, I cannot determine if this individual is subject to the FDCPA. My gut guess is not.

However, that is probably not relevant since he is clearly not going to act like he is subject to the Act. And, since there are no FDCPA cops to report him to, you might as well start thinking about other strategies.

The first thing I would focus on is to get a copy of the judgment and to determine if the judgment is still valid. There is an SOL for judgments. You need to determine the issue date of the judgment and if the judgment has been renewed (many states allow for renewal).

In what state does the judgment debtor reside? Was the judgment issued in that state? Has the judgment debtor ever left the state and, if so, for how long?

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The definition I found on-line is the following:

A judgment creditor is the party in whose favor a money judgment was issued and is entitled to enforcement of the judgment through liens, execution and levy.

It seems they are empowered by the court order that ordered the judgement. They can go to court to file liens, garnishment, confiscation of property or nearly whatever they want to satisfy the debt. They are even first in line for BK ahead of secured creditors. If there is no property or if it has been transfered to another party before a lien that can slow them down, but with the ability to get garnishments you're screwed.

I'd think I'd find a way to pay.

Concerning the SOL, I read where there is one, but they can simply go to court before it has run and reinstate it for an unspecified period of time.

I suspect OJ has one of these after him and he spends all his time on the golf course thinking of ways to hide his assets.

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Yes, but the OP stated that this person purchased a judgement... does that still make him a judgement creditor?

Seems to me he'd be in the same boat as a JDB, and subject to FDCPA.

It would seem that they work in the capacity of "Officer of the Court" or something to that effect. Just that they are empowered to collect via the court order. Sounds similiar to bail bondsmen (bounty hunters) or skip tracers.

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A judgment creditor is as defined by 2BY.

Judgment creditors are normally subject to the FDCPA. I'm just not sure if an individual residing in another country is subject.

A judgment can be sold just like a loan can be sold. It is quite common that judgments are sold to small local law firms.

I think the issue with this particular creditor is the fact that he exhibits an intent to do what he wants. Since there are no FDCPA cops, the burden of action lies with the judgment debtor.

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I think the issue here has to do with the fact that there seems to be a question as to whether or not the debt is a business debt or personal debt as the OP refers to a website, vendors etc. If it is a business debt then there is no FDCPA protection regardless of what type of creditor Mr. Locklear happens to be.

I would like to hear how this one ends up.

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  • 2 weeks later...

Hi Guys,

Sorry for the delay in responding. I thought I woudl get emails when there was a response and didn't so...anyway your posts were great! Especially the one about the villain. Yeah, his name is just plain interesting. I really wonder if he's also the explosives author.

We are not sure if he has legal rights to the judgment or not - he has never mailed anything to the debtor, my friend. He is claiming to be judgment creditor and the debtor is a person - the judgment took place in New Orleans in 2000 and according to Seymour it was assigned to him 04. The SOL is 10 years but I'm not sure if that's from 2000 or 2004.

I don't want to say much until we have resolution from the attorneys working on this. But I will say that harassment in any form may or may not be illegal which is sad. He has clearly harassed my friend and continues to do so daily - your suggestions about calling him 10 times a day - that is funny!!

The FTC told us that judgments are not under the Fair Credit Act. However, you can file a complaint with the FTC. In these types of cases, you need an attorney in the state where the debtor resides - in this case San Francisco.

And the other thing that is weird is that he lives in British Columbia Canada. We did find out however, that if anyone fromanycountry can be held liable to federal laws if they break any laws that involve U.S. soil.

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  • 4 weeks later...

pterry is a very professional woman. Speaking with her has always been a pleasure.

She did, however, neglect to mention one or two things.

Her friend admits owing the money and agreed to pay a greatly reduced amount as settlement in full.

pterry did the final draft of the settlement letter herself.

Her friend them simply refused to pay.

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No. Diligent use of lawful collection methods is the answer.

Just because a DEBTOR is not happy with the methods being used does not mean that those methods are unlawful.

Also ... does it occur to you that DEBTORS may, on occasion, lie?

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So much talk about the Act. So little understanding.

First; the Act only applies to consumer debt. Nothing else.

Second; The Act only protects consumers from some types of actions of "Third Party Collectors". That means collection agencies or others collecting a debt for someone else.

The Act has no application what-so-ever to relationships between debtors and creditors.

Under Assignment Law if you BUY a Judgment you step into the shoes of the Creditor. The money is owed to you directly and therefore you are not a third party creditor and the Act has no application.

Hope this sheds some light on the subject.

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So much talk about the Act. So little understanding.

First; the Act only applies to consumer debt. Nothing else.

Second; The Act only protects consumers from some types of actions of "Third Party Collectors". That means collection agencies or others collecting a debt for someone else.

The Act has no application what-so-ever to relationships between debtors and creditors.

Under Assignment Law if you BUY a Judgment you step into the shoes of the Creditor. The money is owed to you directly and therefore you are not a third party creditor and the Act has no application.

Hope this sheds some light on the subject.

ShhhhH! Don't look now but we have been infilitrated by the enemy.

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To any reading posts by “LBSVS” I would suggest you take anything said with a HUGE block of salt – his/her own profile, under “Biography” says “I buy and collect selected Money Judgments”.

That said I’ll at least commend for being honest enough to admit it.

---------------

LBSVS,

Debtors do, on occasion, lie but compared to the debt collection industry I doubt any group lies more frequently or more naturally than they do (with the possible exception of politicians).

As to your other post, it is not nearly so cut and dried as your post indicates and we have a couple of decades of court decisions to show it.

Who/what constitutes a “third party collector” has been significantly extended over the years to include far more than traditional Collection Agencies. Also, subsequent buyers of bad paper do not simply walk into the shoes of the original creditor.

That aside even when the FDCPA does not apply, no one/no company has the right to harass another person or engage in other activity that encroach on another’s rights – the FDCPA does not always apply but other Federal, State and local laws often do.

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ShhhhH! Don't look know but we have nee infilitrated by the enemy.

You beat me to it, Nascar!

I’m always very suspicious when I see such extremely opinionated/cast in stone/I know what I'm talking about posts by those who have all of three posts to their credit and have been here less than a month at best.

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I am not the enemy.

I also work the other side of the street.

I have worked with lawyers in several states, as a contract paralegal defending debtors.

I used to own a Debt Consolidation company. A registered Not-For-Profit with 501©(3) status.

And yes the FDCPA covers more than Collection Agencies but NOT Judgment Creditors ... ever.

And YES when you pay cash for a Judgment and file a NOTICE of ASSIGNMENT you do 100% step into the shoes of the Judgment Creditor.

No question that Debt Collection can be a dirty business.

Not paying your lawful debts is also a dirty business.

Debtors have rights ... so do creditors.

At the end of the day it is better to arrange to pay lawful debts than to try to avoid paying.

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I am not the enemy.

I also work the other side of the street.

I’m sure that makes us all feel warm and cozy

I have worked with lawyers in several states, as a contract paralegal defending debtors.

It would seem to me your use of the word “Debtors” is indicative of how you really feel, that being that all are guilty of owing the debt until proven otherwise.

Of all those “Debtors” you “defended”, how many won their case?

I used to own a Debt Consolidation company. A registered Not-For-Profit with 501©(3) status.

Is that one of the ones currently under incitement by one or more state AGs or one of the ones about to be?

And yes the FDCPA covers more than Collection Agencies but NOT Judgment Creditors ... ever.

And YES when you pay cash for a Judgment and file a NOTICE of ASSIGNMENT you do 100% step into the shoes of the Judgment Creditor.

No question that Debt Collection can be a dirty business.

Not just “can be”…the operative word here is “IS” a dirty business.

There is excruciatingly little hatred directed toward the collection industry (and I don’t care what kind of debt is being collected) apart from what the reprehensible actions of those in the industry have brought deservedly upon themselves.

Not paying your lawful debts is also a dirty business.

Not really.

A debtor not paying a lawful debt because they have simply decided they don’t want to, especially if they have the ability to pay; yes…the is “dirty” and morally inexcusable.

However, despite what the collection industry, credit grantors, etc. would like the world to believe, the overwhelming majority of debtors don’t plan to not pay their debts; most get into trouble from a combination of factors, some they can control and some they can’t but most would prefer to pay their debts as they promised to do.

Debtors have rights ... so do creditors.

But one does not supersede the other.

Creditors do not have the right to break the law (FDCPA or otherwise), in order to enforce “their’ rights to be paid – if they are unwilling to play by the rules, they should reap the consequences.

At the end of the day it is better to arrange to pay lawful debts than to try to avoid paying.

I fully agree and you’ll never hear me say otherwise.

However, along with a willingness to pay there must also be an ability to pay – one can not “arrange” to pay a debt, lawful or otherwise, without the funds to do so.

One third of this problem lies with consumers who are all to willing to buy things they can’t afford with money they don’t have to impress people they don’t like.

However, the other two thirds of the problem rest equally with the lending industry, which seems to have abandoned all rational thought in determining to whom they lend, and with the collection industry who’s sleazy and disgusting tactics necessitated the FDCPA in the first place.

Might I suggest you spend some significant time reading some of the thousands of posts here to see how the "collection industry", even when governed by the FDCPA, is treating people. In he meantime, those of us who have been here a while will decide for ourselves, based on your actions rather than your pronouncements, if you are the enemy or not.

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