pterry

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

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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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Somewhat off... but the first thing I though when I read that name was it was perfect for a villian's name in a Batman movie.....

anyway, just trying to spread a smile! :D

Where did you read that he was not subject to the FDCPA?

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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?

Is this debt connected to a business or personal credit issue? If business debt, unfortunately she is not afforded any protection from the FDCPA. Is she in Texas as well? Never mind...I see CA in the original post. MAybe one of the CA guru's will chime in here on wether or not CA has any applicable statutes regarding this.

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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?

A google search for Seymour Lecker only gives a bunch of books for making IED's and one vague reference to "Lecker Busuness Services" (business mispelled) in NO, La

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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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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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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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