This blog is for ENTERTAINMENT PURPOSES ONLY and is providing my opinion ONLY, on topics such as the Florida statutes and what is happening with the situation as it is unfolding with my wife and the suit filed against her. This is NOT legal advice but my opinion on the unfolding events as it pertains to a specific scenario, with a specific Junk Debt Buyer, and specific circumstances surrounding all the parties involved. I may at time to time comment on other topics relating to case law and other issues but again it is to stimulate you to do your own research and encourage discussion should you choose to do so.
Again, this is NOT legal advice, I am NOT an attorney nor have I ever been an attorney. You should NOT rely on anything on this blog as a defense or apply it to your own situation. Again, this blog is meant to encourage you to think and do your own research.
If you are, or may soon be, in a similar situation, do your own research, read the Florida state statutes (or your own states statutes), read your states Rules of Civil Procedure. YOU will need to determine your own conclusions, and consult with a bar certified attorney in your area, if at all possible to do so, so that you can obtain sound legal advice.
In no event will this blog or I be held liable to any party for any damages arising, in any way, out of the use of information on this blog, you have been warned. I am only chronicling my opinion and the events as they occur. Again, I cannot stress it enough, if this blog has you thinking, then research, research, research, and talk to a bar certified attorney in your area.
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I had to post this, not sure if it will go anywhere but it is interesting. As I stated previously regarding the lawsuit that Sprechman and Associates PA has brought against my wife for Livingston Financial LLC. Is it possible that Livingston Financial LLC is in violation of Florida Statutes chapter 559 part VI. While the State of Florida is determining the merits of my wife's complaint I wonder if the attorney that files suit at Sprechman is also violating the statute and as such in reach of statute 559.785.......
559.785 Criminal penalty.—
It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person not exempt from registering as provided in this part to engage in collecting consumer debts in this state without first registering with the office, or to register or attempt to register by means of fraud, misrepresentation, or concealment.
I cannot say if the attorney is indeed violating that statute as well but it's interesting to consider. Just a thought while she is waiting on the State.
Wednesday, March 7, 2012
JDB lawsuit: Livingston Financial LLC v. my wife via Sprechman and Associates P.A.
Let me start this out by saying the following, which will appear at the start of all my posts:
This blog is for ENTERTAINMENT PURPOSES ONLY and is providing my opinion ONLY, on topics such as the Florida statutes and what is happening with the situation as it is unfolding with my wife and the suit filed against her. This is NOT legal advice but my opinion on the unfolding events as it pertains to a specific scenario, with a specific Junk Debt Buyer, and specific circumstances surrounding all the parties involved. I may at time to time comment on other topics relating to case law and other issues but again it is to stimulate you to do your own research and encourage discussion should you choose to do so.
Again, this is NOT legal advice, I am NOT an attorney nor have I ever been an attorney. You should NOT rely on anything on this blog as a defense or apply it to your own situation. Again, this blog is meant to encourage you to think and do your own research.
If you are, or may soon be, in a similar situation, do your own research, read the Florida state statutes (or your own states statutes), read your states Rules of Civil Procedure. YOU will need to determine your own conclusions, and consult with a bar certified attorney in your area, if at all possible to do so, so that you can obtain sound legal advice.
In no event will this blog or I be held liable to any party for any damages arising, in any way, out of the use of information on this blog, you have been warned. I am only chronicling my opinion and the events as they occur. Again, I cannot stress it enough, if this blog has you thinking, then research, research, research, and talk to a bar certified attorney in your area.
Now with that out of the way, lets begin. We found out that a Junk Debt Buyer (JDB) called Livingston Financial LLC, purchased a debt they say is my wife's when we received letters beginning in late 2010 through early 2011. The letters were from a law firm named Messerli and Kramer. We have never really dealt with this in the past, as we have no money to pay, we did as we have come to find out most people do, we ignored it, trashed the letters and continued doing as best we could for our family.
Almost 2 weeks ago now we started receiving lawyer ads in the mail, all referencing a lawsuit filed against my wife. This was the first alert of a lawsuit we received. Due to how tight money is we went into a slight panic. We cannot afford an attorney and we cannot afford to file a bankruptcy at the moment. I had a feeling this would happen when my wife decided not to file with me in 2009 when I filed for bankruptcy, she had much less debt than me and had high hopes of doing the right thing and paying them off. Well she lost her job since then, and even with that still managed to pay one off before her unemployment ran out.
These letter spurred us into action once the panic wore off, my wife started to do some research, I helped as much as I could at her direction, giving her my opinion as her husband, and so it begins.....
As of the moment she has not been served but she is expecting that any day now. Until then it's research and prepare. Before today we never really heard of FDCPA, FCRA, FCCPA, or any of the other consumer protection laws. If we had then we would definitely have save the correspondence they sent my wife. We didn't but as she says, that's what discovery is for. Why does she say that? Well she directed me to a statute she found in, FL Statute chapter 559, specifically 559.553. This is where you learn to keep all correspondence. Luckily, Livingston financial filed suit, so my wife should be able to obtain the communication or record thereof via discovery.
So what was it my wife found in chapter 559? Let me list the statutes and the relevant facts as they pertain to my wife's situation. But first, if you do your research and find they may apply to you, I highly recommend doing as she did and alert the Florida Office Of Financial Regulation and the Florida Attorney Generals office. Then speak with an attorney. My wife is currently awaiting the results of her complaints which I will post here.
So lets see what she found:
FL Statute 559.553 states..........Relevant to my wifes issue will be in red.
559.553 Registration of consumer collection agencies required; exemptions.—
So as per the above statute, sections (1),(2), and (3) an out of state collector that solicits debt for collection from a credit granter that has a business presence in this state must register. Livingston Financial LLC and Messerli and Kramer, the ones who first made contact with my wife, are NOT registered to collect debt per the FL Office of Financial Regulations website. They sent the first of several notices to my wife well before Sprechman and Associates got in on the action. The bank, while a Midwestern bank has not only bank branded ATMs in the Orlando Area but also has a bank branded wealth management office in Palm Beach. Livingston Financial LLC and Messerli and Kramer are neither one Florida bar certified. This excludes them from the exceptions in 559.553(b) and (h). Leaving 559.553(5) requiring enforcement action.
There is more in chapter 559 that requires the attorney general for have them cease and desist. There is also the penalty of up to $10,000 as well as the fact it's a misdemeanor on anyone who violates that statute.
Well that's how she see's it and I fully agree. So she filed her complaints, in the meantime it looks like there is caselaw out there where violating 559.553 prevents the JDB from being able to do any collection action thereby violating the FDCPA. I know my wife is looking into that aspect as well. We are going to try and have the funds to file a counter suit when my wife answers their complaint. Lets see what happens. If nothing else, should we lose, this will buy the time to file BK for my wife. But thats hopefully not going to have to happen. Until then there is also the angle of is this even a debt she owes? and do they even have standing/unbroken title to bring suite? I'll blog more about that when the time comes.
This blog is for ENTERTAINMENT PURPOSES ONLY and is providing my opinion ONLY, on topics such as the Florida statutes and what is happening with the situation as it is unfolding with my wife and the suit filed against her. This is NOT legal advice but my opinion on the unfolding events as it pertains to a specific scenario, with a specific Junk Debt Buyer, and specific circumstances surrounding all the parties involved. I may at time to time comment on other topics relating to case law and other issues but again it is to stimulate you to do your own research and encourage discussion should you choose to do so.
Again, this is NOT legal advice, I am NOT an attorney nor have I ever been an attorney. You should NOT rely on anything on this blog as a defense or apply it to your own situation. Again, this blog is meant to encourage you to think and do your own research.
If you are, or may soon be, in a similar situation, do your own research, read the Florida state statutes (or your own states statutes), read your states Rules of Civil Procedure. YOU will need to determine your own conclusions, and consult with a bar certified attorney in your area, if at all possible to do so, so that you can obtain sound legal advice.
In no event will this blog or I be held liable to any party for any damages arising, in any way, out of the use of information on this blog, you have been warned. I am only chronicling my opinion and the events as they occur. Again, I cannot stress it enough, if this blog has you thinking, then research, research, research, and talk to a bar certified attorney in your area.
Now with that out of the way, lets begin. We found out that a Junk Debt Buyer (JDB) called Livingston Financial LLC, purchased a debt they say is my wife's when we received letters beginning in late 2010 through early 2011. The letters were from a law firm named Messerli and Kramer. We have never really dealt with this in the past, as we have no money to pay, we did as we have come to find out most people do, we ignored it, trashed the letters and continued doing as best we could for our family.
Almost 2 weeks ago now we started receiving lawyer ads in the mail, all referencing a lawsuit filed against my wife. This was the first alert of a lawsuit we received. Due to how tight money is we went into a slight panic. We cannot afford an attorney and we cannot afford to file a bankruptcy at the moment. I had a feeling this would happen when my wife decided not to file with me in 2009 when I filed for bankruptcy, she had much less debt than me and had high hopes of doing the right thing and paying them off. Well she lost her job since then, and even with that still managed to pay one off before her unemployment ran out.
These letter spurred us into action once the panic wore off, my wife started to do some research, I helped as much as I could at her direction, giving her my opinion as her husband, and so it begins.....
As of the moment she has not been served but she is expecting that any day now. Until then it's research and prepare. Before today we never really heard of FDCPA, FCRA, FCCPA, or any of the other consumer protection laws. If we had then we would definitely have save the correspondence they sent my wife. We didn't but as she says, that's what discovery is for. Why does she say that? Well she directed me to a statute she found in, FL Statute chapter 559, specifically 559.553. This is where you learn to keep all correspondence. Luckily, Livingston financial filed suit, so my wife should be able to obtain the communication or record thereof via discovery.
So what was it my wife found in chapter 559? Let me list the statutes and the relevant facts as they pertain to my wife's situation. But first, if you do your research and find they may apply to you, I highly recommend doing as she did and alert the Florida Office Of Financial Regulation and the Florida Attorney Generals office. Then speak with an attorney. My wife is currently awaiting the results of her complaints which I will post here.
So lets see what she found:
FL Statute 559.553 states..........Relevant to my wifes issue will be in red.
559.553 Registration of consumer collection agencies required; exemptions.—
(1) After January 1, 1994, no person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration.
(2) Each consumer collection agency doing business in this state shall register with the office and renew such registration annually as set forth in s. 559.555.
(3) A prospective registrant shall be entitled to be registered when registration information is complete on its face and the applicable registration fee has been paid; however, the office may reject a registration submitted by a prospective registrant if the registrant or any principal of the registrant previously has held any professional license or state registration which was the subject of any suspension or revocation which has not been explained by the prospective registrant to the satisfaction of the office either in the registration information submitted initially or upon the subsequent written request of the office. In the event that an attempted registration is rejected by the office the prospective registrant shall be informed of the basis for rejection.
(4) This section shall not apply to:
(a) Any original creditor.
(b) Any member of The Florida Bar.
(c) Any financial institution authorized to do business in this state and any wholly owned subsidiary and affiliate thereof.
(d) Any licensed real estate broker.
(e) Any insurance company authorized to do business in this state.
(f) Any consumer finance company and any wholly owned subsidiary and affiliate thereof.
(g) Any person licensed pursuant to chapter 520.
(h) Any out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state.
(i) Any FDIC-insured institution or subsidiary or affiliate thereof.
So as per the above statute, sections (1),(2), and (3) an out of state collector that solicits debt for collection from a credit granter that has a business presence in this state must register. Livingston Financial LLC and Messerli and Kramer, the ones who first made contact with my wife, are NOT registered to collect debt per the FL Office of Financial Regulations website. They sent the first of several notices to my wife well before Sprechman and Associates got in on the action. The bank, while a Midwestern bank has not only bank branded ATMs in the Orlando Area but also has a bank branded wealth management office in Palm Beach. Livingston Financial LLC and Messerli and Kramer are neither one Florida bar certified. This excludes them from the exceptions in 559.553(b) and (h). Leaving 559.553(5) requiring enforcement action.
There is more in chapter 559 that requires the attorney general for have them cease and desist. There is also the penalty of up to $10,000 as well as the fact it's a misdemeanor on anyone who violates that statute.
Well that's how she see's it and I fully agree. So she filed her complaints, in the meantime it looks like there is caselaw out there where violating 559.553 prevents the JDB from being able to do any collection action thereby violating the FDCPA. I know my wife is looking into that aspect as well. We are going to try and have the funds to file a counter suit when my wife answers their complaint. Lets see what happens. If nothing else, should we lose, this will buy the time to file BK for my wife. But thats hopefully not going to have to happen. Until then there is also the angle of is this even a debt she owes? and do they even have standing/unbroken title to bring suite? I'll blog more about that when the time comes.
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