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Jun-22-2010 23:30printcomments

Debt Collectors & Debt Collection Law Suits

In the end there are those in this world willing to live as carpetbaggers.

Woman Sues Debt Collector, Wins $8.1 Million
Woman Sues Debt Collector, Wins $8.1 Million. Courtesy: zimbio.com

(LOS ANGELES) - It became common in the United States during the recent economic downturn, for attorneys to file lawsuits against consumers to collect old debts.

These lawyers whose specialty is the ability to file thousands of suits at a time, on behalf of big corporate firms that take the debts off the hands of other companies.

Most people just accept it, but one woman in Dallas, Texas, took her collector, Midland Funding LLC, to court last October, counter suing the collector for making improper phone calls.

The validity of a $9,000 debt allegedly owed by Chrystal A. Snow led to her winning her suit against Midland Funding LLC. The the jury hearing the case awarded her $8.1 million.

As Robert Paisola with mycollectorcom.blogspot.com reported, it is a case that has received no media attention. Snow won her suit against Midland Funding LLC and was awarded $250 for actual damages, $100,000 for mental anguish and $8 million in punitive damages, he said.

Midland Funding is a subsidiary of Encore Capital Group, a company whose primary business is the acquisition and collection of "charged-off consumer receivable portfolios," according to its 2009 annual report filed with the Securites and Exchange Commission.

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Debt Collectors & Debt Collection Law Suits

So, you’ve just received a summons you’d like to forget,
You’re being sued by a debt collector for credit card debt,
Well relax; don’t get excited because you do have rights,
Get ready, now’s the time to roll up your sleeves & fight.

The Law of Equity, 7th Amendment of The U.S. Constitution,
And this is just the beginning of your defensive resolution,
This country was founded? Let me put you in remembrance,
An article we know as, “The Declaration of Independence.”

These are just parts of your rights & defense, some not all,
There is a violation of Federal R.I.C.O. and Civil RICO Law,
A so-called, “valuable consideration” cannot be a mystery,
Your right to know the amount paid. Why? Criminal Usury.

Alleged debt is 10k but their purchase price was 100 bucks,
In Ohio they cannot charge more than 5%, so lots of luck,
Because your contract was with whomever, not with them,
Hey don’t panic because this is how the process will begin.

Midland Funding LLC is notorious for filing claims in court,
However, without a valid written agreement they must abort,
Research, Case NO 3:08 CV 1434, Document 50 Filed 08/11/09,
U.S. District Court Judge David Katz ruled against, here’s why.

Midland Funding LLC v. Brent, et al. the Ohio court did find,
The affidavit, documentation was not properly, legally signed,
Midland violated both the OCSPA & FDCPA trying to collect,
And at an interest rate higher than allowed by law for said debt.

“Volenti non fit injuria” is a legal term meaning assumption of risk,
Ohio Fair Debt Collection Practices Act § 1319.12. Requirements,
A signed written agreement & monetary consideration shall state,
And in addition it shall expressly authorize with an effective date.

Encore Capital Group and others like them are, “Junk Debt Buyers,”
Paying less than a penny then charging you up to 100 times higher,
So, FYI there have been many lawsuits filed against them and won,
Requesting, “summery judgment” does not mean it is over & done.

Do not let lawyers push you around, respond and don’t be moved,
They claim validity with credit card receipt copies, make them prove,
You can’t buy groceries, clothes or gas with a copy of a $20.00 bill,
The law is the law and it works both ways, when they Jack you Jill.

Remember, this is just a partial list there is so much more you bet,
Do your own investigation, a plethora of sites are on the Internet,
Don’t allow these crooks to illegally use the legal system for pay,
Make them understand, if it is hardball they want, two can play.

Co to court, pursuant to the FDCPA Act (§ 803.4) & make them prove,
Not being the original creditors they must establish dealings with you,
Since they are not they’re records are immaterial, irrelevant & hearsay,
It will take some effort on your part but it’s worth it to make it go away.

You received a letter, okay demand a “Debt Validation” here’s the deal,
Respond within 30 days or they will assume the, “alleged” debt is real,
If you’re at the summons/subpoenas stage there’s still plenty of time,
CreditInfoCenter.com or DebtCollectionLawyer.blogspot.com, online.

Don’t forget they’re the Plaintiff you’re the Defendant so you defend,
As aggressive as your adversary without backing down, you will win,
It is not England in the 17th Century it’s America no need to escape,
That tyrant King George III is not The President of The United States.

When Law Enforcement violates U.S. Constitution Amendment #4,
The case is thrown out and criminals routinely walk out the door,
“Junk Debt Buyers” falsely make claims & defendants pay more,
Any wonder why the rich stay rich while the poor remain poor?

Bad enough that high interest rates create billionaires on the backs,
Of the hard working majority who are faced with all kinds of attacks,
Why do most judges allow this injustice to continue go to through?
Uh, a leopard doesn’t change its spots they were once lawyers too.

Midland Funding LLC & subsidiaries of Encore Capital Group Inc,
Isaiah 1:17, simply put their Gestapo tactics & criminal ethics stink,
An injunction was issued now they can no longer demand by lies,
Monies at a 1,000% rate destroying freedom and mom’s apple pie.

It’s obvious that consumers are unaware of this very important fact,
Accounts now uncollected are charged off on corporate income tax,
The debt has become alleged because it is no longer the full amount,
So, law firms and collectors are banking on your inability to count.

This is an unjust practice and by law it should be labeled as corrupt,
Forget the lobbyists isn’t it time for our elected officials to stand up?
We have, “Certain Inalienable Rights” no “junk debt buyer” can deny,
Written documents “Founding Fathers” based freedom on that’s why.

Remember that unscrupulous nation we hurriedly sailed away from?
Well, don't look now but Centuries later has America now become?
By predatory mortgage lending practices, citizens loose their homes,
As soldiers fight overseas their spouses fall victim to PayDay Loans.

With all of these exceedingly high interest rates where is Uncle Sam?
Not only by their own Government but by con artists being scammed,
Congress, House, Senate should be doing more not less than they can,
Oh, if elected officials put their lives on the line then they’d understand.

Why, when everything points to doing more they seem to do the least?
And instead of coming across as a “Beauty” they raise up as a “Beast,”
Even Elizabeth has declared a 10-year pay freeze and she’s the Queen,
Ha, and we have elections but act like we’re still pawns under the King.

A Supreme Court ruling reiterated the constitutional right to bear arms,
On 06/28, striking down a Chicago law leaving us susceptible to harm,
So, how much longer will these financial institutions continue to prevail?
Every single one found guilty of "any" wrongdoing should end up in jail.

Finally, the United States Constitution has your citizen rights guaranteed,
“Certain steps are required before depriving us of life, liberty, or property,”
The 14th Amendment, “fundamental rights” we have “due process” by law,
And as consumers you have protection not from some of these but for all.

By Luke Easter

Special thanks to Robert Paisola with mycollectorcom.blogspot.com for information in this article.

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Luke Easter is a poet who writes about things that are very close to the heart of Salem-News.com. Another former U.S. Marine, Luke explained what drives him to try to heal the world with an approach that reaches people on a different level, one known for centuries, yet too often forgotten in the one we live in.

We live in a world of social & economic injustice. The main reason for founding America in the first place was to relieve the oppression of the King of England. Patrick Henry said it best, “give me liberty or give me death.” And yet, all too often death seems to be the only way out. Why is there such a high suicide rate especially among teens, in the land of the free & the home of the brave? What makes headlines? Good news? Ha! More depressing stories than anything else. I feel poetry takes an edge off the hurt of bad news while still delivering it but in a, “glitzy” sort of way. Giving a different perspective. Kind of like slap in the face as opposed to a knife in the back. At least with the slap you’ll live to see another day and you will know whom it’s from. I wasn’t here for the beginning of the world but at 59, I just might be here for the end.

Even though it’s still a knife, rhyme poetry helps to dull the blade. And that’s my job. You can write to Luke Easter at: lyricsfromlucas@aol.com




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Dinah Menil June 24, 2010 3:03 am (Pacific time)

You know, you can find San Francisco criminal attorney here

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Sean Flynn was a photojournalist in Vietnam, taken captive in 1970 in Cambodia and never seen again.


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