haithemks

I Need to Report Debt Collector Lawyer to the Authority

Recommended Posts

Hi,

I have a civil lawsuit with Synchrony bank, represented by Kramer & Frank lawyer.

I just received answer to my set of interrogatories, admission and production of documents.

Kramer & Frank is a collection agency, but they fill the suit with the name of the creditor ( bank).

I have asked for the power of attorney, bill of sale or assignment and they responses is : This is Plaintiff in all these questions.

 

In essence, Kramer & Frank represent the bank without any proof and committing a fraud since they are the collection agency involved in this matter, but they don’t disclose it to the court

To whom I need to report this Fraud:

List of agencies.

I know that there are debt collector in this forum, so I will stick to the answer of the questions, but how we do report fraud of collection agency lawyer , in the state of Kansas.

 

Thank you

Share this post


Link to post
Share on other sites
2 hours ago, haithemks said:

Kramer & Frank is a collection agency, but they fill the suit with the name of the creditor ( bank).

Some states have laws on the books that allow a collection agency to do that.  When I GOOGLED this firm they are a law firm that handles collections.  That means their client is the creditor and they are representing them even if they do also engage in collections.

2 hours ago, haithemks said:

In essence, Kramer & Frank represent the bank without any proof and committing a fraud since they are the collection agency involved in this matter, but they don’t disclose it to the court

They are not engaging in fraud.  They are the law firm representing Synchrony bank.  Under that circumstance they do not need to give you a POA, affidavit or bill of sale.

2 hours ago, haithemks said:

I know that there are debt collector in this forum, so I will stick to the answer of the questions, but how we do report fraud of collection agency lawyer , in the state of Kansas.

It isn't fraud.  It is the normal practice of a law firm representing their client.  You appear to be confusing junk debt buyer defenses with an original creditor lawsuit.  They are very different.

Share this post


Link to post
Share on other sites

Debt can be owned by the original creditor or  debt collector. Plus, other debt collectors are claiming the same debt. So, i know that there is only 1 debt to one entity.

If they bought the debt, then they should have a bill of sale ( which i requested),

If they are representing the original creditor, then they should have signed power of attorney.

 

I know that they are committing fraud. But, since it involves lawyer, i don't know if this is a case of state prosecutor or it is for state bar of Kansas.

 I have been searching the Kansas law and no such thing exist, the real party has to be involved in the complaint.

 

Share this post


Link to post
Share on other sites

For reference:

https://www.expertlaw.com/forums/showthread.php?t=149810

 

Law:

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

807 - 14

 

Share this post


Link to post
Share on other sites

Start here:

WHO is listed as the Plaintiff on the summons?

It is entirely possible that if the OC still owns the debt they used multiple collection agencies prior to suing.  That won't matter and isn't fraud. 

21 minutes ago, haithemks said:

If they are representing the original creditor, then they should have signed power of attorney.

If the law firm (regardless if they collect debts also) is representing the PLAINTIFF then you are not legally entitled to their retainer agreement and no court is going to compel them to give you a copy.  They do not need a POA to represent their client in court. 

22 minutes ago, haithemks said:

I know that they are committing fraud.

I suggest you defend the suit and get the Judge to rule they are before you pursue this.  Based on what little you posted I think you are heading down a wrong and dangerous path.

  • Like 1

Share this post


Link to post
Share on other sites

The Plaintiff is the " original creditor", the attorney is the collection agency .

I have to disagree , debt can't not be owned by 2 party at the same time.

I'm packing a case for better bureau and ftc complaint from the federal level. But , i need advice on state and local ;

I know that bar wouldn't appreciate their misrepresentation, but  i don' t know if this is a case for the state or not.

 

No , i don't mind the lawsuit, it is teaching me a lot of stuff about law and order. But, at the same time, i have an obligation like any other citizen , when you see a crime, you should report it.

In this case, the crime is civil and the offenders are debt collectors.

Share this post


Link to post
Share on other sites
1 hour ago, haithemks said:

I have to disagree , debt can't not be owned by 2 party at the same time.

You can disagree all you want but the reality is the law firm does NOT have to own the debt to collect for the bank or to sue you on their behalf.  PERIOD.

1 hour ago, haithemks said:

I know that bar wouldn't appreciate their misrepresentation, but  i don' t know if this is a case for the state or not.

It isn't even a case for the Feds.  As @usctrojanalum said this is not a fraud upon the court. 

More than likely this law firm won't even respond to the BBB complaint (which has no teeth or authority over the courts) and the CFPB will not get involved since you have already been sued.

1 hour ago, haithemks said:

In this case, the crime is civil and the offenders are debt collectors.

There is no crime but no amount of rationalization or facts are going to sway you. 

Share this post


Link to post
Share on other sites

@haithemks

Quote

I have to disagree , debt can't not be owned by 2 party at the same time.

No one is claiming 2 parties can own the debt.   In your case, the OC owns the debt.  No collection agency is claiming to own it.

There is no fraud.  Kramer & Frank is not suing you.  The OC is suing you.  Kramer & Frank is a debt collection law firm that represents creditors in court just the same as if you were to hire an attorney to represent you.

If you were to sue someone and hire a lawyer to represent you, he would write the summons and complaint for you and sign it.   He would write the discovery requests for you and mail them to the other party.  That's a lawyer's job.

The judge is not going to require that the law firm present a copy of the contract to prove that the OC hired it.

 

  • Like 1

Share this post


Link to post
Share on other sites

I understand and was expecting the backing up for debt collector agency. It is very admirable to stick with your comarade. Really.

When it comes to the law and the crime committed, i have all necessary sworn statement by the debt collector reflecting the infraction of the law.

If the claim lack the merit, than the collection debter will have nothing to fear. The outcomes of the claim are up to the court, so what do you think will happen is really appreciate but irrelevant.

Having said all that, my question is simple and rely is core to the following inquiry:

Question Asked:

What goverment agency do consumers or citizens need to report when debt collector lawyers commit fraud.

In the Federal Level

In the state Level.

The debt collectors is also licensed to practice in two state.

Thank you

I'm hoping that a good samaritan read this question.

Any comments related to wheter or not the debter has infringe the law is really irrelevant and will be ignored.

Thank you .

Share this post


Link to post
Share on other sites

@haithemks

54 minutes ago, haithemks said:

I understand and was expecting the backing up for debt collector agency. It is very admirable to stick with your comarade. Really.

Comrade?  Really?  Have you read my past posts and the posts of others on this site?   Do you really believe we support debt collectors?

You stated:

22 hours ago, haithemks said:

I have to disagree , debt can't not be owned by 2 party at the same time.

What leads you to believe that 2 parties are claiming to own the debt?

 

9 minutes ago, haithemks said:

Just to prove the arguments:

the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et. seq. (“FDCPA). 

https://www.insidearm.com/news/00000594-when-is-a-lawyer-or-law-firm-regularly-co/

 

 

No one here is claiming that debt collection attorneys are not debt collectors as defined by the FDCPA.  We know they are.  In fact, when those attorneys have violated the FDCPA, we've encouraged lawsuits against them.

So far, you have not outlined how the attorneys/law firm violated the FDCPA.

  • Like 1

Share this post


Link to post
Share on other sites

Through Discovery phase, i have written statement that they claim to be the original debtor, not representing the OC, but actually are the original debtor. ( Sworn statement filed in court).

At the same time, i have their letter with their signature stating that they are a debt collector for this debt. ( Everyhing is sworn.. ) It i really hard to back down from a sworn statement.

But again, i will file my package and let the goverment

branch execute their judgement. I 'm on;ly asking for list of branches.

 

 

Share this post


Link to post
Share on other sites
8 minutes ago, haithemks said:

Through Discovery phase, i have written statement that they claim to be the original debtor, not representing the OC, but actually are the original debtor. ( Sworn statement filed in court).

 

 

 

"They" claim to be the original debtor.

What exactly is stated? 

The law firm is answering FOR the plaintiff.  It looks like the plaintiff is answering.  When the law firm refers to the "plaintiff", it is referring to the business named in the complaint as the plaintiff.  The law firm is not referring to itself.

If you sued someone and hired a lawyer to represent you, he would write the complaint as if you wrote it yourself.   You're hiring him to do that so you don't have to do it.

Courts understand that a lawyer is representing a party.   Any answers, responses, etc. are not the lawyer's answers.   They are the party's responses just written by the lawyer.

Just to be sure, why don't you upload a copy of the documents for us to read.  Black out (redact) all of your personal information.  We just need to see what you're

 

 

9 minutes ago, haithemks said:

At the same time, i have their letter with their signature stating that they are a debt collector for this debt. ( Everyhing is sworn.. ) It i really hard to back down from a sworn statement.

They include that because they are a debt collection law firm.  That alone does not prove the law firm is the plaintiff.

  • Like 1

Share this post


Link to post
Share on other sites

Honestly OP, you are a little out of your depth with this stuff here. You can do whatever you think you need to do , but it's not going to get you anywhere. you are better off focusing on the merits of your case.

Every law firm that engages in the business of collecting debts on another parties behalf is required by Federal Law to put that they are debt collectors on their stationary.  That disclaimer is not meant to convey that they are owners of the debt.

I promise you, there is no fraud going on. But if you want to file whatever you want to file, when you come back with the results, we will not be petty and say we told you so.

  • Like 4

Share this post


Link to post
Share on other sites
45 minutes ago, usctrojanalum said:

Honestly OP, you are a little out of your depth with this stuff here. You can do whatever you think you need to do , but it's not going to get you anywhere. you are better off focusing on the merits of your case.

Every law firm that engages in the business of collecting debts on another parties behalf is required by Federal Law to put that they are debt collectors on their stationary.  That disclaimer is not meant to convey that they are owners of the debt.

I promise you, there is no fraud going on. But if you want to file whatever you want to file, when you come back with the results, we will not be petty and say we told you so.

It seems to me that the OP does not understand the judicial system. 

Share this post


Link to post
Share on other sites

Thank you for all responses. I take full responsablitiy on the actions that i'm going to take. Again, all i need is the list of goverment branches for the state and federal level.

Share this post


Link to post
Share on other sites
4 minutes ago, haithemks said:

Thank you for all responses. I take full responsablitiy on the actions that i'm going to take. Again, all i need is the list of goverment branches for the state and federal level.

Over the years, posters have provided us with specifics and/or copies of documents with their personal details omitted.   Those actions have resulted in NO negative consequences for those posters. 

If you are truly looking for help, give us something more than what you've provided so far.  Otherwise, you will be banned.

 

  • Like 1

Share this post


Link to post
Share on other sites
1 hour ago, haithemks said:

Again, all i need is the list of goverment branches for the state and federal level.

Without knowing what evidence you have it is impossible for anyone to reliably point you in a specific direction of where to report any possible violations.  Most states don't have any laws on the books (or weak ones if they do) that govern consumer violations.  Kentucky definitely is not one of them.  KY is extremely creditor friendly with the longest SOL for pursing debt cases including the time to collect on judgments.  The chances that they have a law on the books let alone an entire agency for your perceived violation is slim to none.  

Regardless from either level federal or state they are not likely to even glance at your compliant with an active lawsuit in process.  

 

Share this post


Link to post
Share on other sites

Hi Guys,

I found my hero.

 

I'm so glad i live in this great state, no only they are going to face displinary actions, but (10 times what FDCI allows : It is 10,000 per offense, I'm getting 20 k...lol)

Now, i'm making money. Again, so glad to live in this wonderful state.

 

Thank you guys and will post everything when the case is finished.

Share this post


Link to post
Share on other sites
30 minutes ago, Harry Seaward said:

Since there's no such thing as FDCI

Well, there IS an FDCI and if the OP can get 20k from the Fashion Design Council of India then by all means.  

If they mean the FDIC;  there is no right of private action and they have nothing to do with this.  FDIC merely insures bank accounts for consumers in the case of shut down etc.

I did some research and apparently Kansas has a state version of the FDCPA on its books that provides for POSSIBLE statutory damages for violations:

" Kansas also has enacted the Kansas Consumer Protection Act (KSA 50-623 to 50-636).  This statute also applies to "suppliers" which has been held to include creditors and collectors. The KCPA prohibits conduct which would be deemed an "unconscionable" collection practice.   A consumer who is a victim to a violation of this Act may obtain injunctive relief, and may recover statutory damages of up to $10,000 plus attorneys fees. "

However, if the OP doesn't know the difference between FDCI and Kansas consumer protection laws I am guessing they will get steam rolled on this wild goose chase.  They are also not considering that the statute says UP TO $10k.  The reality as we all know is the court could award a big fat ZERO and based on what I have read so far that is very likely.

Share this post


Link to post
Share on other sites

@haithemks

First, you have to prove violations.  Second, the statute awards not more than $10,000.  That means, depending upon the alleged violation, the judge could award less.  In fact, he could award $1 if he so chooses.

Share this post


Link to post
Share on other sites

The Law is the Law. $ 20 k will be good reward for the time. Will see . I will update you all when the case is finished.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.