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Focus Receivables Management

Saturday, January 12, 2008

Focus update on sanctions—absolute proof of the court’s corruption

When judge Wake awarded me “out of pocket” expenses for sanctions on 12/7/07, I wrote that I can win and still lose.  I addressed that issue in detail in my filing regarding the confidentiality order.

So judge Wake found that I “willfully, intentionally, and with full awareness of the Order, breached the Confidentiality Order in plain bad faith. “

And:  “Defendant is directed to file a memorandum on the proper appropriate sanctions for breach of the confidentiality order by January 18, 2008. Plaintiff may file her further memorandum by January 25, 2008.  THE COURT ORDERS the deadline for submission of a joint final pretrial statement/order extended to February 29, 2008.”

Time in Court: 20 minutes.  I only got 7 minutes on 12/7 and it will blow your mind when you compare the transcripts.

Notably, my motion for sanctions because attorney Fulton violated the court’s 12/7/07 order and she again ignored me was entirely IGNORED.  So I’ll file a renewed motion for sanctions next week.

I lost, but I still won.

I’m going to order the transcripts of both hearings, it’s quite likely that the sanctions will be dismissal of my case, so I’ll need the transcripts also for my appeal.

I now have ABSOLUTE proof of the court’s corruption and the double standards imposed.  Same judge, same case, but totally different standards.  Only the consumer litigant is bound by the court’s orders.  If the court has no alternative but to award sanctions to the consumer litigant, the sanctions are NEGLIGIBLE and don’t even cover the consumer’s actual losses.

I’ve been wondering what I could do to prove the bias.  Since Focus never conducted ANY discovery, I couldn’t refuse their requests.  And while I still don’t think that I actually violated the confidentiality order, this hearing was as good as it gets.

It is truly incredible that a judge would have the guts to be so openly biased.  As far as I know, federal judges can’t be removed, they’ve got the power.

Thank God and the buyers of my old place for providing me with the cash for the transcripts, depositions, appeal fees, etc.

It’ll cost me a few thousand, but it’ll be worth it to document this corruption and to be able to convince more people to STOP paying their credit cards.

Notably, attorney Fulton asked for the sanctions to include that all my websites be taken down and judge Wake denied it and he stated that people have the right to say whatever they want even if it’s not true.

Also, judge Wake recently dismissed a case challenging the new Arizona law requiring that employers verify employees’ legal status and imposing very stiff penalties including having the business license revoked.  I’ve read reports of businesses laying off over 10% of their staff, a fast food place putting AZ expansion on hold and instead expanding in TX and companies who had planned to open up in AZ reconsidering because the risk is too high.

Imagine what would happen if the states would require businesses to STOP lying to consumers and to COMPLY with consumer protection laws and they revoked their business licenses for violations!

Imagine credit bureaus, creditors and collectors following the law.  Imagine mortgage brokers NOT lying. 

While I’m not a Ron Paul fan and Alex Jones sometimes really annoys me (more on that in another posting), I’ll start posting in some of the anti New World Order forums.  They are right, people SHOULD do something, but NOBODY has any suggestions on what to do. 

Well, I have a suggestion: STOP paying your credit cards.

I think we could bring this corrupt system down.  As a pacifist, I see it as the ONLY way to accomplish anything.  The momentum is there, many major banks are already suffering severe losses, NOW IS THE TIME TO TAKE THEM DOWN.  The legislators would HAVE to finally listen to the people when EVERYTHING is at stake.  And not EVERYBODY has to stop paying their bills, only people who BENEFIT from it should do so.  “Fortunately”, there are many more than needed to make a serious impact.

I had dinner with a friend last night and he (inadvertently) alerted my to another reason to stop paying credit cards.  When people do NOT have the funds to pay for health insurance, they should definitely consider stop paying unsecured debts.

From that point of view, it would actually be good to have my case dismissed.  I’d have months to write my appeal brief and no more of these trips to Phoenix and the frustrating and time consuming dealings with attorney Fulton.  I’d have a lot more time to work on the book and to become more active, contact legislators and regulators.  Of course the FTC should get a copy of the Focus manual and I could file my complaint and THEY could sue them and enforce the FDCPA.  Of course “could” is the keyword. 

I’ll file another motion to vacate or amend the confidentiality order with the court too, those issues were also totally ignored at the hearing.

I SHOULD submit freedom of information requests about the regulators (lack of) enforcement actions. 

I SHOULD file extortion complaints about Focus with the GA and AZ district attorney in charge of such matters.

Jerry Eller mentioned his ignored complaints in his book, but he didn’t provide the actual documents.  Of course it’s unlikely that they’ll investigate, but documenting that their actions is the point.  One more reason to stop paying your unsecured debt.

While it is of course tempting to scan the entire 146 page Focus collection manual and to ACTUALLY violate the confidentiality order, I’ll wait for the final ruling on this.  And even on the long drive home from Phoenix I couldn’t think of any way how Focus would be hurt by it.  They don’t care about the manual, they wanted to get my sites shut down because the REAL damages are that their victims find my sites and are being educated about their rights.

I asked at the hearing whether I’d be ordered executed if I actually violated the order, don’t think I got an answer.

This is so bizarre.  What kind of a system keeps documentation that PROVES violations of the law secret? 

If a black guy didn’t get a job due to discrimination, he sued and then got the employment manual stating that only white people should be hired, this document would have to remain secret because it is a PROPRIETARY information or COPYRIGHTED or a TRADE SECRET?

I must be missing something.  Please contact me if you have any suggestions, case law, etc.

I’m not going to post much about this other than what’s filed until after attorney Fulton filed her brief.  She’s not the brightest cookie in the jar and there’s no need to clue her in on my arguments.

Wednesday, January 09, 2008

My motion to vacate the confidentiality order and for sanctions - perjury, scheduled Fulton depo

I obviously opposed the Focus motion for enforcement of the confidentiality order and sanctions, but I also requested vacating the confidentiality order and in the alternative, to amend it to allow mailing to legislators and remove the last paragraph, requiring that all filings referencing the manual have to be filed under seal.

And, I’m asking for sanctions due to Ms. Fulton’s PERJURY and refusal to work on the joint pretrial order.

I scheduled her deposition for 1/24 in her office, so that’ll be ANOTHER trip to Phoenix. 

The filings and exhibits

Many thanks to all who posted or sent emails wishing me luck, I need it.

I did take a lot of time to make it VERY clear that I’m ready to spend $2k/month on litigation INSTEAD of paying my credit cards.  Fortunately, I do have plenty of cash right now to pay for depos and all these trips to Phoenix.  But, that cash is supposed to be used to finish my house.

Today was a BEAUTIFUL warm day and I SHOULD have been working outside.  I think I really need the sunshine (vitamin D) to get the floaters to go away again.

I haven’t done ANY client work in weeks and yesterday the CreditFactors software didn’t set up a new subscriber’s account.  I set it up manually and resent the welcome email.  The subscriber didn’t get it.  I again stopped working on my motion, checked his account, changed his email to mine, resent the welcome mail to me, I got it ok. 

Apparently, he has a spam filter or for whatever reason didn’t get the mail.  I forwarded the welcome mail that was sent to MY address to him and hoped all would be ok. 

This afternoon, I got his email:

your site let me on for a little while yesterday. it will NOT let me in today!!!!! what is going on? please fix your site , so I may use it. thank you ...

I looked at his account again, I got so frustrated, my motion was due at 5 pm (only God and judge Wake know WHY!) and I decided to refund the subscription.  I just don’t have time to deal with all that crap.

It’s not that I couldn’t use the money, but I’m really tired, haven’t slept much lately and the litigation is just a LOT more important than $45.  None of the other subscribers reported problems, I have no problem accessing the site, it’s probably a security setting, not accepting or saving cookies, something like that.  Nobody can imagine how many hours I’ve spent getting just one subscriber problem solved.  Sometimes computers really suck.

I’m sorry that I can’t spend endless hours for $45, have to drive to Phoenix tomorrow.

Oh, in case you’re wondering why I’m posting that. Attorney Fulton wrote in her Declaration that I PROFIT from the litigation. Scum sucking bottom feeding lying lawyers ...

So anyway, I’m looking forward to the hearing and it’s good to know that my execution can’t be ordered (I hope!) and nothing else can seriously hurt me.  If it’s really bad, the order will go to the finance committee members in Congress.  A client already prepared a mailing list, so things are moving along.

There’s SO much I need to post, including from the NetZero case.  Unfortunately, that’s all paper filings, need to scan, but I WILL get it done.  PERJURY is the big issue there too, more Bar complaints to be filed, scum sucking bottom feeding lying lawyers ...

I’ve already spent several hours researching, there’s no private cause of action for perjury.  And of course, it’s never prosecuted.

But it’ll be interesting to see what the prosecutors and Bar Associations have to say when I tell them that their REFUSAL to prosecute and investigate will be one of my 20 reasons to stop paying your credit cards.

And not only that, but I’ve ALWAYS told readers and clients NOT to lie. 

But if it’s ok for ATTORNEYS to commit perjury, why should consumers tell the truth at debtor examinations or bankruptcy hearings?

Let me know if you can think of a reason, because I can’t.

Friday, January 04, 2008

Focus pretrial order going nowhere fast, hearing set for 11th, legislator mailing list

Focus attorney Fulton has had my pretrial draft for two full days.

Yesterday I wrote:

Ms. Fulton:

As USUALLY, you ignore me.  Could you be so kind and at least send me your listing of exhibits, witnesses and contentions regarding my claims?

Also, if you provide me with an edited version of my postings as at http://creditsuit.org/credit.php/blog/comments/the_draft_of_my_claims_in_the_pretrial_order/ I’ll be happy to update my posts to your liking!

Do I have the Focus permission to share the Focus collection manual with the House Finance Committee and other legislators?  Surely Focus is not afraid that the legislators would get an unfair collection advantage.  I’m not aware of any legislator in the collection business.

Very truly yours,

Christine Baker

This morning I received Ms. Fulton’s reply:

Ms. Baker,

I received your draft yesterday when I arrived in the office about 11:30.  I am working to add and to make appropriate suggestions / changes to the draft.  I’m sorry that you think you are being ignored. 

Cynthia Fulton
Fulton & Friedman, PLLC
130 N. Central Ave., Ste. 200
Phoenix, Az.  85004
602 254-3770 ext. 12
602 254-3788 (fax)

In the afternoon I got the next email from Ms. Fulton:

Ms. Baker,

It is taking us longer than I had anticipated to get our portion of the document to you.  If it cannot be completed this evening, we’ll try to get it to you first thing in the morning.

Cynthia Fulton

Come on!  It took me less time to read the entire Focus training manual AND prepare the pretrial order draft.  I don’t understand what the problem is.  They could at least send a partial response and so that maybe I could have started on the joint statement or changed whatever needs to be changed.  Heck, this is the first time I’m doing this.  THEY are the ATTORNEYS! 

I knew it was going to be a bitch to do, had looked at the order before I discussed the extension to the 4th with her partner attorney Friedman.  He said it was no big deal and oh so simple.  So what’s with 2 days not being enough time?  Yesterday I posted the issues here, it’s not rocket science.

I got nothing and finally sent another email this evening:

Ms. Fulton,

I suppose we’ll need another extension.  I do have other business to attend to tomorrow and can’t spend the entire day on this.

Christine Baker

As Ms. Fulton noted in her motion to enforce the confidentiality order, my clients pay good money for my expertise and I have to make some daytime calls tomorrow to settle accounts.

And judge Wake scheduled the hearing for the 11th and I have to file my brief regarding the confidentiality issues by the 9th.

Another trip to Phoenix.  I’ll try to get a room with a jacuzzi.  I downloaded new calendar software today and looking at all the filing deadlines and hearings this month just about gives me anxiety attacks.  Christmas Day I started seeing floaters again, time to get out of the office and catch some sunshine.

In my brief I will specifically request permission to send the Focus training manual to legislators.

I want to send it to all the members of the House and Senate finance committees along with a cover letter pointing out the problems and especially what’s MISSING from the manual. 

I doubt that any of the representatives and senators are collectors who would gain an unfair advantage when they see how Focus trains their employees.

I just checked, the manual fits in a priority mail envelope.  It’ll cost some serious $$$ for mailing and I wouldn’t normally snail mail anything.  Nor do I expect many legislators to even look at it.  The point of this exercise is to document what happens.

The title for my book isn’t ”20 reasons to stop paying your credit cards” because I am a deadbeat or because I’m in support of deadbeats, but because it’s the ONLY peaceful way to either FORCE a change or at least make the best of this corrupt credit system.

There is a lot I have to add to my proposed FDCPA changes at http://creditlegislation.org/.  I also wanted to install another forum over the holidays, so that people could actually post there.  I downloaded phpBB 3 and it really looks good.  But I didn’t get past a test install.  Just don’t have time.

To all the people who so often ask me what they can do:

I need the addresses for the current finance committee members.  Here are the Endicia instructions: 

Address fields

Please contact me if you’re interested in compiling mailing lists, installing the phpBB forum, proof reading, etc. 

Wednesday, January 02, 2008

The DRAFT of my claims in the pretrial order and email to attorney Fulton

I sent the pretrial order draft to Focus attorney Fulton yesterday.  Instead of at least providing me with the defendants’ position on the claims, their exhibits and witnesses, she filed her idiotic motion for enforcement of the confidentiality order and sanctions. 

D. CONTESTED ISSUES OF FACT AND LAW

1. Whether Defendant Hurd’s failure to notify Baker that he was attempting to collect a debt and that any information obtained would be used for that purpose during the 7/6/06 collection call violated the FDCPA.

Baker contends: The FDCPA and the Focus collection manual [redacted until the court clarified the confidentiality order.]

2. Whether Defendant Hurd’s statement that DirecTV would report the disputed debt as a negative account to the credit bureaus was false and an unfair collection practice.

Baker contends: This is a false statement and DirectTV would not have reported the disputed collection to the credit bureaus.  Hurd made this false statement to extort the $250 from her.

3. Whether Defendant Hurd’s statement that there was nothing Baker could do about DirecTV reporting on her credit until she paid was false and an unfair collection practice.

Baker contends: This is a false statement, as she had the right to dispute the debt.  Defendant Hurd deliberately threatened with credit reporting to extorted the $250 payment.

4. Whether Defendant Hurd’s statement that Focus would report the collection account on her credit “this month” was false and an unfair collection practice.

Baker contends: This is a false statement, as she had the right to dispute the debt.  Defendant Hurd deliberately threatened with credit reporting to extort the $250 payment.  If it was true that Focus would have reported the collection to the credit bureaus, it would have violated the FDCPA as the debt was disputed.  Even if Focus could have legally ignored Baker’s verbal dispute, it would have had to wait 30 days from the 7/3/06 initial communications (the Focus collection letter) before reporting the collection to the credit bureaus.

5. Whether Defendant Hurd’s answer to Baker’s question about the credit reporting “and you’re going to do that even though I’m telling you now that I don’t owe that money” with “yes, Ma’am” was false and an unfair collection practice.

Baker contends: This is a false statement and it is an unfair collection practice to extort the $250 payment for the DirecTV debt not owed, as Baker had already informed Hurd that she did not owe DirecTV anything.  Hurd should have marked the account as disputed, forwarded Baker’s dispute to DirecTV and Focus should have ceased all collection activity.

6. Whether Defendant Hurd’s statement that there was nothing he could do but to recommend that further action be taken, according to the “legal ramifications” in the DirecTV contract was false and an unfair collection practice.

Baker contends: This is a false statement and an unfair collection practice.  Hurd should have marked the account as disputed, forwarded Baker’s dispute to DirecTV and Focus should have ceased all collection activity.

7. Whether Hurd falsely stated that DirecTV had filed a “civil claim” against her.

Baker contends: This is a false statement and an unfair collection practice.

8. Whether Hurd falsely stated that Focus would be reporting a negative account that Baker refuses to pay to the credit bureau.

Baker contends: This is a false statement and an unfair collection practice.  If Focus in fact ever reports DirecTV accounts to the credit bureaus, it would have been illegal to do so until the account was validate as Baker had disputed it.

9. Whether Hurd falsely stated that DirecTV would continue to try to “extract the funds” from her.

Baker contends: This is a false statement and an unfair collection practice.  In fact, DirecTV refunded the $250 extorted by Hurd.

10. Hurd answered affirmatively Baker’s question whether the collection activities would continue despite her dispute.

Baker contends: Continued collection activity after a consumer dispute is expressly prohibited until the account is validated.

11. Hurd stated that the collection efforts would continue despite Baker’s dispute because “they sent it to us, we didn’t buy the account, we didn’t make this stuff up, DirecTV retained our services to pursue you for the balance of $250.”

Baker contends: Continued collection activity is expressly prohibited until the account was validated.

12. Hurd falsely stated that Focus had mailed a letter regarding this account “last month.”

Baker contends: This is a false statement, as the letter wasn’t even “processed” until 7/3/06 according to the Focus account history.

13. Hurd falsely stated that he was calling because no response was received from Baker to the letter that was allegedly sent by Focus.

Baker contends: This is a false statement and unfair collection practice.

14. Hurd refused to fax a copy of the letter that Baker had not received, claiming that it was illegal to do so.

Baker contends: This is a false statement and unfair collection practice. Baker wasted hours looking for a letter that could not possibly have been received.  It is not illegal to fax a consumer a collection letter on her request.

15. The Focus manual does not [redacted].

Baker contends:  The Focus collection manual is filled with [redacted.]

I emailed the draft order with MY statements to attorney Fulton Tuesday night, I have not received a response.  If any attorneys have suggestions, please contact me privately. I have no idea what I’m doing, am just working off another pretrial order.

The pretrial order is due on Friday.  So I just sent her the email again and added:

Ms. Fulton:

As USUALLY, you ignore me.  Could you be so kind and at least send me your listing of exhibits, witnesses and contentions regarding my claims?

Also, if you provide me with an edited version of my postings as at http://creditsuit.org/credit.php/blog/comments/the_draft_of_my_claims_in_the_pretrial_order/ I’ll be happy to update my posts to your liking!

Do I have the Focus permission to share the Focus collection manual with the House Finance Committee and other legislators?  Surely Focus is not afraid that the legislators would get an unfair collection advantage.  I’m not aware of any legislator in the collection business.

Very truly yours,

Christine Baker

It was a very good exercise to state my claims for the pretrial order.  It’s time for another press release as soon as I have the defendants’ contentions. 

I’ve been thinking about sending the final pretrial order to the House Finance Committee members.  They really need to get a clue and see first hand the collectors’ ridiculous arguments.

Focus motion for sanctions for my alleged violations of the confidentiality order regarding manual

Focus attorney Cynthia Fulton filed her motion to enforce the confidentiality order and request for sanctions today.  I thought I wasn’t seeing right. 

1-2-08-Motion-enforcement-confidentiality-order-sanctions.pdf

These collection attorneys are really the dumbest of the bunch.  She filed her motion and exhibits, my blog postings with the allegedly confidential information on the public record. 

Her motion:

OOPS.  I was just going to copy and paste the motion, but I can’t copy it and it is not searchable.  I hope the court will remove the document and require refiling.  From the courts manual at http://www.azd.uscourts.gov/azd/cm-ecf.nsf/files/$file/adm+manual.pdf:

Electronic documents must be converted to .pdf directly from a word processing program (e.g., Microsoft Word® or Corel WordPerfect®) and must be text searchable.

This is so typical for that lawyer scum.  She knows she’s not very bright, the only way she has a chance of prevailing is to bankrupt me and other litigants by wasting as much of the plaintiffs’ (or their attorneys’) time as possible. 

Notably, the judges’ clerks have to RETYPE from the parties’ motions INSTEAD of quickly copying and pasting.  Your TAX money at work, thank morons like Ms. Fulton for wasting it.

You can download the motion from PACER or right here:

1-2-08-Motion-enforcement-confidentitality-order-sanctions.pdf

The confidentiality order:

All documents disclosed, including but not limited to, training and testing materials copyrighted and utilized by Focus shall be considered proprietary and will be held in confidence, which confidentiality includes all information contained in those documents.

Baker is directed to hold the same in confidence, and not to use that information other than for the specific purpose of this litigation. Baker is directed not to disclose, publish or otherwise reveal any of the Confidential Information received from Focus to any other party whatsoever. For purposes of this litigation, publish includes the reproduction of the information contained in the documents in any format whether orally, in tangible form through duplication, or otherwise, in written form or on a web site (Baker’s creditsuit.org or any other web site).

Baker is directed to take all steps reasonably necessary to protect the secrecy of the Confidential Information from falling into the public domain or into the possession of unauthorized persons. (Those authorized are specifically the parties to this litigation, their counsel, and any expert retained for purposes of this litigation.) Upon the final resolution of this litigation, all documents produced subject to this confidentiality agreement will be returned to counsel for Focus, and Baker is directed not to retain duplicates in any form.

It is further ordered that any document containing references to the Confidential Information produced subject to this Court’s Order shall be and remain sealed.

Do they have something like the Darwin award for lawyers?

Attorney Cynthia Fulton files a motion, claiming that I violated the confidentiality order and she filed the supposedly confidential information on the public record.

ANYONE could download it for $1.12 from PACER.

Cynthia Fulton has to be one of the DUMBEST lawyers on the planet.

Obviously, I posted nothing that would give anyone a competitive advantage.  Ms. Fulton is convinced that judge Wake will immediately rule in her favor.

He SHOULD deny the motion, because Ms. Fulton:

1) Failed to contact me
2) Failed to state what specifically is a violation of the order
3) Failed to show how Focus is being damaged

You may recall, that judge Wake denied MY motion to compel and for sanctions twice even though I had contacted Ms. Fulton NUMEROUS times.

Her special skill is to do nothing and to waste the other parties’ and the courts’ time.

Only a few weeks ago, I had countered the Focus $3k settlement offer with $15K.  Fortunately, that offer expired and I’ve since gotten some cash.  I’ll sign up for a legal service tonight and research case law on training manuals.  I think that’s part of the “costs” I’ll get reimbursed for when I prevail.

I really want the Focus manual to be made public and I want to provide it along with my overview to the House and Senate Banking Committees.

Do you know ANY legislator who gives a damn about the PEOPLE?

Have him/her REQUEST the Focus manual for review.

They are NOT worried about any “competitive” information in the public domain (there is none in my postings), they’re worried about everybody seeing what a scummy outfit they are.

My next posting will the draft of my claims in the pretrial order.

I want my jury trial!