• 2010 Credit Suit
• Liars & Cheats
• CreditFactors
• Fight Back!!!
• RESISTANCE
• TRADO
• News Releases
• Contact

Monday, July 12, 2010

Miller v. Cohen & Slamowitz court order:  unfair practices violate FDCPA

Incredibly, Cohen & Slamowitz FAILED to assign attorneys to active cases until consumers filed an answer even AFTER the court ruled against them in the Miller case in 9/09.

Of course MOST collection lawyers have nothing but contempt for consumers and they ignore disputes.  The calls are usually routed to aggressive COLLECTORS who TALK like attorneys and intimidate consumers into settling or making partial payment arrangements.  That’s what happened to me at Cohen & Slamowitz.

I really hope my client can find an attorney to represent him on contingency.

A lot more info:

Arthur Miller v. Cohen & Slamowitz: attorney’s failure to conduct meaningful review violates FDCPA

Sunday, July 11, 2010

CreditFactors server problems update

My server was down yesterday for a few hours and again today (Sunday).

Support News:

[ Phoenix, Arizona DC ] We had an outage yesterday but we’re back up after about an hour and a half. We had another outage about 2 hrs ago and we are still working on it. All servers are down until we get all of this figured out. Because the problems have happened a few times in 24 hrs we have decided to keep all servers down until a definitive solution is reached as there can be far more problems if servers are going up and down. We believe we are close to having this all taken care of though and once we do we will be bringing everything back up and update all here. We appreicate your patience and understanding.

I’m looking to move to more reliable hosting.  If anyone has recommendations for MANAGED hosting, please contact me directly.  Am currently paying $189/month and would like to pay LESS.

Thursday, July 08, 2010

How to LEGALLY avoid paying income tax when settling debts for less than the full balance

I have a client who is considering settling and I did some research:

You do NOT owe income tax after settling collections if you were INSOLVENT

Because the MORTGAGE and the value of the home are included in the insolvency calculations, MOST of the many millions with mortgages greater than the value of their homes qualify for the IRS exemption from paying tax on forgiven debt.

Just about all people with collections should NOT have to pay tax on discounts negotiated with creditors because they are exempt.  Obviously, wealthy people don’t have trouble paying their bills. 

Debt buyers rarely have the documentation to determine how much of the debt is principal and how much is interest, fees or penalties.  Since only forgiven PRINCIPAL is taxable, they can’t send out 1099s if they don’t know how much of the debt is for principal.

I’m by no means encouraging debt settlement, but if you really have to settle, don’t pay the IRS more than you legally owe.

Wednesday, June 23, 2010

Judge Neil W. Wake dismissed ALL my claims against Trans Union and Verifacts

5/25/10: Arizona federal judge Neil W. Wake once again DISMISSED all my claims.

The filings are posted and if you have an interest in credit reporting and collection practices, check out my exhibits. I’ll post the links to the Verifacts and Trans Union / TrueCredit blogs hopefully soon.

Judge Wake is appointed for LIFE and there is NOTHING anyone can do other than to hope for the collapse of this corrupt system.  Of course judge Wake is NOT the only corrupt judge, we have only a FEW honest and competent judges and attorneys in America.

If you have to go to court, chances are, chances are you’ll get railroaded like EVERY consumer I know who litigated in federal court against credit bureaus without an attorney UNLESS you can settle BEFORE these crooks in robes get a chance to dismiss.

I know that many people depend on their credit rating and LIVE on credit, but I find that in many cases, it’s simply not worth the aggravation and EXPENSE to try to maintain ACCURATE credit reports.  With a little PLANNING you can minimize the impact of collections on your life.

The corrupt American legal system does NOT provide for any compensation for our time wasted on litigation.

When judge Wake HAD to award sanctions against Focus Receivables in previous litigation, he limited the amount of my sanctions to my travel costs. I lost two days PLUS the many hours I tried to get the Focus attorney to provide discovery answers. I had to file THREE motions. Not to mention the aggravation when judge Wake denied my first two motions to compel. 

Tuesday, June 22, 2010

Jail for debt, NO jail for ACA CEO Anderson’s LIES

Rozanne M. Andersen, CEO of the ACA International, the primary organization of debt collectors, had the NERVE to falsely state in her MN Star Tribune “Counterpoint: Avoid jail by paying off debts:”

Ignoring a debt will never make it go away.

Why is it legal to lie?

Ms. Anderson’s counterpoints and my comments:

Jail for debt – NO jail for lies. Ms. Anderson, CEO ACA, try ME!

I also posted about the AARP finally lobbying to make it more difficult for debt buyers to sue:

AARP lobby AGAINST collectors worries collection industry