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 know I haven't updated this blog in a while but alot has happened since the last time I wrote. All I can say is that currently my wife has a FDCPA lawsuit in progress in the Florida Middle District Court. The case is currently being converted to a class action for violation of the FDCPA due to Livingston violating the licensing statute, FL Statutes 559.553. I would definitely look up the case on Justia (just google Livingston Financial LLC Florida Middle District) and contact the attorney handling her case if you were sued by Livingston Financial LLC in Florida (even if they won) between approximately May 2011 and March/April 2012, possibly even outside these dates but only he can tell you if the case applies to your situation.
Per the Florida Office of Financial Regulation, Livingston Financial LLC wasn't licensened to collect debt in Florida until July 25th 2012. If you were contacted or sued by them any time before the date they were licensed (or at least before they applied, not sure when that was) I would contact a NACA affiliated attorney pronto like we did to see if there is anything you can do.
I also firmly believe a violation of FL statute 559.553 applies even if you are only contacted through US Mail about a debt by their affiliated companies like Messerli & Kramer PA (license expired in FL as of this post), or the family of companies that seem to be affiliated in some way to Messerli and Kramer listed below (contact a NACA attorney to be 100% sure):
Bayfield Financial, LLC - Not licensed as of the time of this post
Dakota Bluff Financial, LLC - Not licensed as of the time of this post
Livingston Financial, LLC - Licensed as of 7/25/2012
Red Rock Lake Financial, LLC - Not licensed as of the time of this post
World Credit Investors, LLC - Not licensed as of the time of this post
But it's up to you and your attorney, assuming you have one, to verify licensure and how it affects any contacts to you about a debt or actions they bring against you.
As always the above is my opinion and information based on the experience we are going through. I am NOT an attorney and highly suggest you contact one if you are contacted by or being sued by a JDB like Livingston Financial LLC. You might be surprised like we were by what you find out.
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