tropicaljo

We won a $20+K judgment...but :(

Recommended Posts

Not really looking for advice (but if there is any I'd be interested)... just I thought I'd share...

 

Back in Feb. 2011, my husband was awarded a judgment against a JDB/attorney/collection agency for violations of the FDCPA and the TCPA.  This company completely ignored being served and did not file an answer to our complaint, did not show up in court, and have completely ignored all efforts by our attorneys to collect.  Apparently, the owners of the company are attorneys who operate under several business names and apparently no valuable assets can be found, so after 2 years of trying to collect the grand finally to a successful consumer complaint is...

 

Yesterday, we got notification from our local attorney that all avenues to collect the judgment have been exhausted and they will not continue to pursue collection.

 

To say we are disappointed is a complete understatement.  Knowledge that these people would have hounded us to bankruptcy if they had won a judgment against us for that amount make this even more frustrating.

 

Share this post


Link to post
Share on other sites

Cant hurt to call

 

http://recoveryofjudgment.com/

Call our offices at 646.580.9041 Send faxes to 646.810.5781

 

Have you obtained a judgment and had difficulty collecting your money? We can help! We find their property. We collect. We send you a check. It will cost you nothing. Zero!

We do not waste time urging the judgment debtor to pay money that they have refused to pay for years. Rather, we aggressively use every weapon provided by law to seize their assets and deliver that money where it belongs: your wallet!

Share this post


Link to post
Share on other sites

Did your lawyers not try to bring in the company officers for a financial deposition? What accounts are these companies accepting money at? What offices are they working from. You can sell their furniture. Hell, you can even take their accounts and sell them on the open market to get your money (you know, the debts that they supposedly buy). Those are assets too.

Just because your lawyer cannot collect does not mean you cannot collect.

Share this post


Link to post
Share on other sites

@tropicaljo

 

Is the JDB a well-known company?  Or are they not well-known?  Did you check to see if they're licensed and/or registered in CA or their home state?

Share this post


Link to post
Share on other sites

As I said, they ignored all efforts to communicate.  They ignored all court related documents that they were served.  The judgment was incorporated into their state, they ignored that too.  Our local attorney hired an attorney in their state to continue collection efforts. Both attorneys have been extremely lax and difficult to communicate with regarding what they were doing. I'm under the impression that the out of state attorney did locate a bond and that the bond company was investigating our "claim", but was never informed of the outcome of that, either.  The local attorney is sending us the complete documentation in the event that we want to continue to try to collect, so I'll know more about what has been done and what needs to be done when that comes in.

 

@racecar, thanks for that link... DH and I will be discussing that option once we get the case documents from our local attorney.

Share this post


Link to post
Share on other sites

Don't know if they are well known or not... since we won the judgment I suppose it would be okay to name them... First Revenue Assurance, located in Denver area.  I was told when the bond was found that they were not registered in Colorado, but they were registered here in Arkansas when we filed the suit back in 2010.  My research of this company says they are a multi million dollar business so this is another reason why I have such a hard time with the idea that they have no valuable assets that could be gotten to.

Share this post


Link to post
Share on other sites

@tropicaljo

 

Here's their business filing in CO.  Maybe you can glean some information from it.

 

http://www.sos.state.co.us/biz/TradeNameSummary.do?quitButtonDestination=BusinessEntityResults&fileId=20101229180&masterFileId=20101229180&srchTyp=TRDNM&entityId2=20101229180&nameTyp=TRDNM

 

When you served the lawsuit, who did you serve?

Share this post


Link to post
Share on other sites

One of the owners, I believe...  Not sure and won't be until I get all the documents from our now withdrawn local attorney.  Hopefully, that and other helpful information can be found. 

Share this post


Link to post
Share on other sites

If you have access to PACER, take a look at some of the 100+ other federal lawsuits which have been filed against them. Someone is getting paid. Perhaps you can ask your lawyer to contact one or more of the other firms who have been successful in locating money/assets. This kind of information is usually shared pretty freely.

  • Like 2

Share this post


Link to post
Share on other sites

Nascar, after 2 years of dragging their feet and not getting anywhere, I doubt seriously that they will even entertain the idea of me bringing them more information. And I hear you about someone getting paid... like I said, the research I did 2 years ago showed that this company is making lots and lots of money, but according to our local lawyer, it is common for them to ignore being sued and to ignore judgments against them.

 

I think that our local attorney has gotten bored with this and doesn't figure it would be cost effective to continue to pursue.  Their take was only a bit over $2,000, so I'm thinking we'll have to go forward without them.  Initially, My husband and I handed them a prima facia case (their words not mine).  When they got the judgment they dragged their feet on taking the next step, until I did the research and actually sent them the information and forms needed to incorporate the judgment into Colorado.  They hired the Colorado attorney and it was agreed that they would split the amount the court ordered for attorney fees, so no one had much incentive after that to put much effort into collecting.  We even offered to double the attorney fee if someone would get off their asses and make some effort, but that offer was completely ignored. 

Share this post


Link to post
Share on other sites

Apparently, the owners of the company are attorneys who operate under several business names and apparently no valuable assets can be found, 

 

Baloney.  Your attorney just isn't looking.  

 

 

As I said, they ignored all efforts to communicate.  They ignored all court related documents that they were served.  The judgment was incorporated into their state, they ignored that too. 

 

Have them hauled in for a debtor's exam.  Now that the judgment has been domesticated in their state a debtor's exam is a formal subpoena by the court and as bar licensed attorneys they cannot ignore it.  The court can have them arrested for doing so.  During the debtors exam they will have to reveal where they bank and then you can serve a garnishment order on the bank.  You do NOT need your lawyer to do this you can file the DE on your own.

 

My guess is that when faced with the debtor's exam they will cough up a check.  

 

Another option is to file a formal complaint with the Bar Association in their state of failure to satisfy a court judgment.  Attorneys are required to maintain fiscal responsibility and failure to pay a valid court judgment could get their law licenses suspended or pulled.  For all you know you aren't the first to report this kind of debt dodging and your complaint could be the one that gets them disbarred.

 

Last  if this really is a multi-million dollar agency then they are banking SOMEWHERE.  If you don't want to wait for a debtor's exam then simply get an order for garnishment from the court and serve it on the three or four largest banks in the county where they are based.  ONE of those banks has their account and will levy it.  DO NOT forget to include the costs of any court fees to since then and the two years of post judgment interest.

  • Like 1

Share this post


Link to post
Share on other sites

Clydesmom... your comment about our attorneys not looking, yeah, that's been my thought all along... they wanted an easy win and got it but weren't counting on this kind of opposition when it came to collecting.  It's such a different process when they are going after one of their own and there seems to be all this ridiculous "slow dance" that lawyers do with each other.  All your suggestions for what I should consider doing... where might I find more information on the tactics you suggested? 

Share this post


Link to post
Share on other sites

I am on my ipad so I can't get into lexis nexus, which is where colorado rules are listed.

This may help you start. Http://www.courts.state.co.us/Forms/renderForm1.cfm?Form=29, but it doesn't tell you what to do if they ignore your Rogs. I would think maybe a motion to compel, or look in the rules and you should be able to find something there.

Here is the link to the rules http://www.lexisnexis.com/hottopics/colorado/

Hope that helps.

Share this post


Link to post
Share on other sites

hey nascar... are any of those cases you mentioned showing on Pacer current cases? 

Share this post


Link to post
Share on other sites

Clydesmom... your comment about our attorneys not looking, yeah, that's been my thought all along... they wanted an easy win and got it but weren't counting on this kind of opposition when it came to collecting.  It's such a different process when they are going after one of their own and there seems to be all this ridiculous "slow dance" that lawyers do with each other.  All your suggestions for what I should consider doing... where might I find more information on the tactics you suggested? 

 

You can file for a judgment debtor examination under Colorado Civil Code Rule 69.  I am not familiar with Colorado law but it might be as simple as a motion to compel under that rule.  I would start researching there.

 

For what it is worth I think the reason your attorney(s) are not looking is because most consumer lawyers that take these cases count on a quick payment for a large profit margin.  When the defendant digs in an doesn't pay they are not willing to spend any more resources on it that would not only eat into the profit margin but possibly start costing them money they can't and/or won't collect.

 

Well, I think I figured out why your lawyers could not find their assets and it took all of 30 seconds and Google.

READ this:  http://caselaw.findlaw.com/us-8th-circuit/1207269.html

 

It seems that First Assurance has their headquarters in Denver, CO where all correspondence is sent.  BUT their money is all dealt with in Seattle, WA with US Bank.  US Bank also has a MAJOR presence in, wait for it......................................Denver, CO!  

 

It would appear that US Bank processes all their payments and maintains their bank accounts.  I would get an order for garnishment for their corporate bank account with US Bank in Seattle, WA.  You should not have to domesticate the judgment in WA to do so because the ONLY thing that First Assurance has in WA is the P.O. Box they have debtors mailing payments to and US Bank processes them which means that is where the bank account is.

Good luck.

Share this post


Link to post
Share on other sites

If US Bank has a nexus in your state, you can serve them with a writ of garnishment for the bank accounts...

 

 

 

My guess is that a CA will have accounts at multiple banks. For example, I know of one that has accounts at Wells, Morgan Stanley, Frost Bank and Regions.

Share this post


Link to post
Share on other sites

My guess is that a CA will have accounts at multiple banks. For example, I know of one that has accounts at Wells, Morgan Stanley, Frost Bank and Regions.

 

Yeah but you only need to hit one to get paid when the judgment is small enough.   :nannersplit:

Share this post


Link to post
Share on other sites

In September the total was up over $21K... and imagine that... there are LOTS of US Bank branch banks here in Arkansas. 

  • Like 1

Share this post


Link to post
Share on other sites

hey nascar... are any of those cases you mentioned showing on Pacer current cases? 

 

You can get a PACER account for free at www.pacer.gov

Share this post


Link to post
Share on other sites

Okay, got the box full of documents.  With the two full binders I provided and the additional binder the lawyers made, the box was 6 inches deep.  From what I can see, all of our documents were filed and served in a timely manner.  There was a bond found and a claim filed against the bond but the claim was denied because my husband allegedly did not "submit an account for collection to our principal, FRA" as required by the terms of the bond.

 

Seems to me that considering that their registered agents, both here in Arkansas and in Colorado, were served with numerous court documents and letters demanding payment of the judgment, I would say that an account WAS submitted for collection to their principal. 

 

Even still, every single lawfully served court document and numerous letter demanding payment was ignored completely.  :(

 

Oh, and I found a reference that makes me think that this case is on Pacer.  Imagine that...

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.