By Karen Oakes, Southern Oregon Consumer Attorney on Jul 31, 2009 in Consumer Protection, Levy and Garnishment - creditlawnetwork.com
This week, the New York Times reported that consumers who had been the victim of fraud by unscrupulous debt collectors may be getting money back if the New York attorney general is successful in the lawsuit filed against two collection agencies and 35 attorneys. According to the article, the debt collectors had sued the consumers and never served the consumers the lawsuit(s).
The debt collectors then presented paperwork to the court proving that the consumer had been served and was ignoring the lawsuit….which results in a default judgment in favor of the debt collector. That default judgment then allows the debt collector to make attempts to seize assets of the consumer, usually placing a judgment lien against real property or by taking wages (garnishment).
The New York attorney general, Andrew Cuomo, is the force behind the lawsuit which seeks relief for 101,000 New York consumers. The debt collection agencies and attorneys may have committed perjury and the responsible parties may be facing criminal charges. The lawsuit alleges that the default judgments were obtained through the use of false affidavits (the affidavits were sworn statements that the consumers had been given notice of the debt collection lawsuit).
Read the rest of the story:
You Never Got Notice Of Being Sued? The Judge Just May Believe You Now!!
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Friday, July 31, 2009
Monday, July 27, 2009
Keyser council hopes to better enforce ordinances
Sarah Moses - Cumberland Times-News - July 27, 2009
KEYSER, W.Va. — The Keyser City Council is looking at ways to better enforce its ordinances for trash, weeds and building permits.
“We need a buffer,” Earl Perrine, city building inspector, said at Monday afternoon’s meeting. “Currently, it isn’t working very well. I would like to have the citation issued before the authorized letter is sent out.”
Perrine said that while the changes made to the ordinance by City Attorney John Athey will help as he can now issue the citations, he would like to see citations issued earlier. Those, he said, would leave a greater impact on the homeowners than a letter. He said a number of the homeowners are very good at evading receiving these kinds of letters.
Councilman Isaac “Sonny” Alt said that since Perrine already issues a written notice that a person is in violation of the ordinances, it should serve as a first warning. After 10 days, he said, if there has been no progress on resolving a problem, then a citation should be issued and a fine incurred on the homeowner.
Read the rest of the story:
Keyser council hopes to better enforce ordinances
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KEYSER, W.Va. — The Keyser City Council is looking at ways to better enforce its ordinances for trash, weeds and building permits.
“We need a buffer,” Earl Perrine, city building inspector, said at Monday afternoon’s meeting. “Currently, it isn’t working very well. I would like to have the citation issued before the authorized letter is sent out.”
Perrine said that while the changes made to the ordinance by City Attorney John Athey will help as he can now issue the citations, he would like to see citations issued earlier. Those, he said, would leave a greater impact on the homeowners than a letter. He said a number of the homeowners are very good at evading receiving these kinds of letters.
Councilman Isaac “Sonny” Alt said that since Perrine already issues a written notice that a person is in violation of the ordinances, it should serve as a first warning. After 10 days, he said, if there has been no progress on resolving a problem, then a citation should be issued and a fine incurred on the homeowner.
Read the rest of the story:
Keyser council hopes to better enforce ordinances
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Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets
Arizona Photo-Enforcement Loophole: Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets
By Ray Stern - PhoenixNewTimes.com - Jul. 27 2009
In following up our earlier post today about 3,600 speed-camera cases on the docket for this morning in a single justice court, we stumbled upon the answer to a good question.
Many readers have asked: What happens if you get a speed-camera ticket on the freeway in Arizona, but you live out of state?
We had been barking up the wrong camera housing, it turns out, by asking a Redflex official whether process servers from other states deliver the tickets outside of Arizona. It doesn't matter if those tickets are served -- failing to pay does not result in any action taken with the Motor Vehicles Department, says MVD spokeswoman Cydney DeModica.
There is a consequence to failing to pay: You won't be able to register a vehicle in Arizona until you pay the fine and other fees.
Read the rest of the story:
Arizona Photo-Enforcement Loophole: Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets
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By Ray Stern - PhoenixNewTimes.com - Jul. 27 2009
In following up our earlier post today about 3,600 speed-camera cases on the docket for this morning in a single justice court, we stumbled upon the answer to a good question.
Many readers have asked: What happens if you get a speed-camera ticket on the freeway in Arizona, but you live out of state?
We had been barking up the wrong camera housing, it turns out, by asking a Redflex official whether process servers from other states deliver the tickets outside of Arizona. It doesn't matter if those tickets are served -- failing to pay does not result in any action taken with the Motor Vehicles Department, says MVD spokeswoman Cydney DeModica.
There is a consequence to failing to pay: You won't be able to register a vehicle in Arizona until you pay the fine and other fees.
Read the rest of the story:
Arizona Photo-Enforcement Loophole: Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets
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Speed-Camera Court Crunch: 3,600 Cases Set This Morning at Justice Court
Ray Stern - PhoenixNewTimes.com - July 27, 2009
About 3,600 speed-camera cases are on the West McDowell Justice Court docket this morning at 8:30 a.m., and officials are bracing for hundreds of citizens -- at the least -- to appear in person.
"What we don't know is how many will show up," says Terry Stewart, justice courts administrator.
About 2,000 of the cases represent people who recently received state Department of Public Safety photo-enforcement tickets in the mail and have a court date set for this morning, explains Stewart, a former state Department of Corrections director.
It's safe to say few people from that group will come to the downtown court at 620 West Jackson, since they still have the option to pay their fines or wait to see if a process server shows up after they miss the court date.
The other group, however, consists of about 1,500 people who blew off their mailed citations, were served by a process server, and now have a hard court date set for this morning.
Read the rest of the story:
Speed-Camera Court Crunch: 3,600 Cases Set This Morning at Justice Court
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About 3,600 speed-camera cases are on the West McDowell Justice Court docket this morning at 8:30 a.m., and officials are bracing for hundreds of citizens -- at the least -- to appear in person.
"What we don't know is how many will show up," says Terry Stewart, justice courts administrator.
About 2,000 of the cases represent people who recently received state Department of Public Safety photo-enforcement tickets in the mail and have a court date set for this morning, explains Stewart, a former state Department of Corrections director.
It's safe to say few people from that group will come to the downtown court at 620 West Jackson, since they still have the option to pay their fines or wait to see if a process server shows up after they miss the court date.
The other group, however, consists of about 1,500 people who blew off their mailed citations, were served by a process server, and now have a hard court date set for this morning.
Read the rest of the story:
Speed-Camera Court Crunch: 3,600 Cases Set This Morning at Justice Court
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Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers
Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers
nydailynews.com - July 27, 2009
Signaling the discovery of massive fraud, Attorney General Andrew Cuomo and the state's chief administrative judge are seeking to vacate as many as 100,000 court judgments that have been filed against New Yorkers by predatory debt collectors.
According to Cuomo, evidence uncovered in an investigation of a Long Island-based process serving firm revealed that collection agencies have run amok in the courts from Buffalo to Montauk.
It worked like this: Debt collector retained a high-volume law firm to go after supposed deadbeats. Law firm hired process server to haul people into court with a summons and complaint. Process server never delivered the papers but swore they had been properly provided.
When the supposed deadbeat failed to respond because he had no idea he had been sued, the law firm had a court issue a default judgment. The victim's assets were frozen or wages garnished.
American Legal Process of Lynbrook, L.I., exploited this scam relentlessly, helping almost three dozen law firms hammer people over debts - some owed, some already paid, some bogus - to the tune of roughly $5,500 each.
Cuomo is suing the firms, as well he should, and Administrative Judge Ann Pfau has rightly joined in the effort to clean up this astonishingly broad perversion of the courts.
Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers
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nydailynews.com - July 27, 2009
Signaling the discovery of massive fraud, Attorney General Andrew Cuomo and the state's chief administrative judge are seeking to vacate as many as 100,000 court judgments that have been filed against New Yorkers by predatory debt collectors.
According to Cuomo, evidence uncovered in an investigation of a Long Island-based process serving firm revealed that collection agencies have run amok in the courts from Buffalo to Montauk.
It worked like this: Debt collector retained a high-volume law firm to go after supposed deadbeats. Law firm hired process server to haul people into court with a summons and complaint. Process server never delivered the papers but swore they had been properly provided.
When the supposed deadbeat failed to respond because he had no idea he had been sued, the law firm had a court issue a default judgment. The victim's assets were frozen or wages garnished.
American Legal Process of Lynbrook, L.I., exploited this scam relentlessly, helping almost three dozen law firms hammer people over debts - some owed, some already paid, some bogus - to the tune of roughly $5,500 each.
Cuomo is suing the firms, as well he should, and Administrative Judge Ann Pfau has rightly joined in the effort to clean up this astonishingly broad perversion of the courts.
Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers
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