Credit - Collection - Economic News
Thursday, August 12, 2010
Kim Letus, owner Rondout Legal (process servers) threatens with attorneys
There’s the next genius who thinks that EVERYBODY is afraid of lawyers.
This is regarding the Cohen & Slamowitz debt collection lawsuit and the debtor’s affidavit stating that the papers were NOT posted at his door on 10/3/09 as process server Mark McCumber stated in his affidavit of services.
The debtor found the papers at his door a full week later and he also got a sworn affidavit from a neighbor who confirmed his address with “a” process server AFTER 10/3/09.
We even have a reason for the falsification: the time to serve allowed by the court rules was about to expire.
Cohen & Slamowitz are infamous for their unfair collection practices and I already posted the landmark ruling against them.
One can conclude that they have “relationships” with servers who work extremely cheap because they get lots of business from them and since MOST debt collection suits result in DEFAULTS, there is very little risk of getting caught when falsifying affidavits of service.
NY AG Cuomo had over 100,000 judgments vacated last year because servers routinely falsified affidavits of service.
Nothing changed since. Recently a debt collection suit by Forster & Garbus was dismissed because the affidavit of service claimed personal service. Another lie, and this time it was easy to prove because they indicated the incorrect hair color and height for the defendant on the affidavit.
And now Kim Letus is threatening me with attorneys for publishing the TRUTH.
She posted several times at the Liars & Cheats EXPOSED Cohen & Slamowitz blog and now Ms. Letus is featured in her own topic:
Rondout Legal owner Kim Letus threatens with lawsuit re affidavit of service
If she keeps it up, she’ll get her own blog. Another genius.
Legal • Credit - Collection - Economic News • (0) Comments • Permalink
Friday, August 06, 2010
Wholesale mortgage rate sheet with FICO score requirements
I posted a wholesale rate sheet and explained the pricing.
It’s interesting to see how they use FICO scores to justify higher fees.
Credit - Collection - Economic News • (0) Comments • Permalink
Tuesday, July 27, 2010
NY AG Cuomo settles with LHR for only $150,000
NY AG Cuomo settles with LHR for only $150,000
Nothing for the victims. I’m not impressed.
Credit - Collection - Economic News • (0) Comments • Permalink
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
Legal • Court - rulings - procedures • Credit - Collection - Economic News • (0) Comments • Permalink
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.
Credit - Collection - Economic News • (0) Comments • Permalink
