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 Lawyers Just Maybe 3rd part Debt Collectors Subject to FDCPA

Your  LettersAll that may be true enough but what they can't escape is the fact that they are 3rd party debt collectors and can be sued in federal court for FDCPA violations.

The lawyers that prosecute the cases are also 3rd party debt collectors and the home owner can sue each one of them separately. It isn't hard to get a good 50 to 100 violations against lawyers.

I currently have 8 students going after one lawyer all at more or less the same time and pretty much the same violations.

I'd like to get a 100 going after the same lawyer all at the same time. It would put them out of business even if the damages for each case were only $2 or $3K for each one.

They file hundreds of cases a month here in Oklahoma and the way they are handled they should not only sued in federal court but sanctioned for each one in the local courts as well.

That's the trick most people are missing is that mortgage servicers are 3rd party debt collectors and they can be sued and made to pay damages.


Posted by david on Friday, August 27 @ 08:21:17 MST (24 reads)
(comments? | Score: 0)

 Flag Day

Your  Letters FLAG DAY
Hello Patriots,

I am sure you heart is compelled as mine is to pray to God as Obama continues to destroy our country. Whatever God has planned let us remember that the most powerful thing we can do aside from voting and being right wing extremist activists is PRAY!

On this Flag Day, make sure you have your flags waving high and pray.
You don't have to travel anywhere but just pick a quiet spot at home, at church at a park or with friends and family and pray for our country. You choose how much time and whether you'd like to fast or not. I have found fasting to be quite effective, especially for a woman that really likes to eat!

In the booklet, Pray for Our Nation published by www.prayforournation.com there are four major areas of prayer that are divided up in to smaller parts:

1. Pray for the Leaders of our Nation

2. Prayers for the Social Welfare of our Nation.

3. Prayers for the Safety of our Nation

4. Prayers for the Spiritual Growth of our Nation.

If you'll humor me, I'd like to send you all a prayer or two each week till July 4th, Independence Day and also Tea Party Day. (Find one and then attend!) www.teapartyday.com.

On Sunday, fly your flags high outside your homes and pray, what could be more patriotic and more so important to our country's direction!

For God and Country!

Rachel

Rachel Sargent


Posted by david on Sunday, June 14 @ 06:27:36 MST (1541 reads)
(Read More... | Score: 0)

 TAX WAR: Why Sen. Chichester is wrong

Your  Letters
TAX WAR:  Why Sen. Chichester is wrong

FAIRFAX COUNTY (March 31, 2006)
- - The Virginia General Assembly is deadlocked over higher taxes for transportation. The Republican-controlled state Senate favors a second billion-dollar tax hike in two years. The Republican-controlled House
of Delegates says no
.

The delegates are right. Nevertheless no one has really responded to
the arguments advanced by Senate Finance Committee Chairman, John
Chichester, who advocates raising taxes even though there is a large
budget surplus. Last July, in a piece entitled “Virginia is not on
Automatic Pilot,” he stated:

"During a recent five-year period, Virginia’s population grew about 7
percent. However, the prison population grew 28 percent, and our court
caseload, higher education enrollment, and number of public school
special education students each grew 15 percent. Medical cost inflation,
which drives Medicaid, one of our largest mandated programs, was more
than double that of general inflation.”

The senator then pointed out that seventy-five percent of Virginia’s
taxes go to education, Medicaid, and public safety. He thus concluded
that we cannot allocate budget surpluses to transportation or tax cuts.

Senator Chichester’s arguments are flawed.

He does not acknowledge that for 25 years, Virginia state and local
spending for public schools has been increasing ten times faster than
enrollment, even after adjusting for inflation. Nor does he acknowledge
that public-school staff in Virginia has over the same period been
increasing seven times faster than enrollment.

While inflation-adjusted public-school spending far exceeded enrollment
growth, inflation-adjusted transportation spending generally trailed
population growth over the same 25-year period.

Despite soaring school spending, there has been no significant increase
in student achievement. Programs to help minorities and
learning-disabled children do not work, largely due to the public
schools’ hostility to phonics-based reading instruction and an
over-emphasis on hand calculators.

Black SAT scores in Virginia remain at the 20th percentile and Hispanic
scores are at the 40th percentile, while Whites and Asians score near
the 60th percentile. Special Education is an expensive bureaucratic
process that produces an Individualized Education Plan and then returns
children to the same curriculum that had failed them in the first place.

According to the National Center for Education Statistics, 65 percent of
Virginia school children score below grade level. Virginia is slightly
better than the national average: Nationwide, 70 percent of school
children score below grade level.

Regarding prisons, that inmate population is increasing four times
faster than overall population (28 percent growth compared to 7 percent)
is an ignored crisis. It is likely that most inmates did not learn how
to read in public schools and came from fatherless welfare families.
Government reinforces our promiscuous culture by still giving subsidized
housing, food, medical care (Medicaid), and childcare to women who have
children out of wedlock.

Medicaid also provides long-term nursing-home care to the elderly poor –
or does it? With the right lawyer, any well-to-do family can qualify.
In fact Virginia’s previous Governor, Mark Warner, joined a bi-partisan
panel of governors who recommended closing this loophole. The same
panel also recommended requiring a co-payment for Medicaid services,
which would discourage frivolous use of expensive medical resources.

Few Virginians know that not a penny of state income taxes goes to
transportation. Also, only five percent of sales taxes goes to
transportation. Education, Medicaid, and welfare are allowed to
monopolize these fast-growing revenues.

You would think that those opposing tax hikes would cite former Governor
Warner’s support for Medicaid cuts, cite the statistics on public school
costs versus test scores, and challenge a system of government welfare
and government schools that sends our most vulnerable children to prison.

However, all we get is silence. Politicians, fearing that the powerful
teachers unions would pillory them, dread cutting public-school,
welfare, and Medicaid funding.

As long as these programs escape scrutiny, public schools will continue
to fail Hispanics, Blacks, and the learning disabled. Welfare will
continue setting up a disproportionate number of young men for prison.
Medicaid will continue to invite abuse of the healthcare system. And
taxes will continue to climb.

Arthur G. Purves
President
Fairfax County Taxpayers Alliance
www.fcta.org

Posted by david on Monday, April 03 @ 08:12:30 MST (1640 reads)
(Read More... | Score: 0)

 School Board Monkey ~ Sees Nothing, Hears Nothing, Speaks Nothing

Your  LettersDear Friends and Foes:

After listen to the VB School Board Chairman speak this morning at the VBTA [Virginia Beach Tax Payer Alliance] breakfast, I am completely aghast with disgust and overwhelmed/surprised at his lack of knowledge and attitude toward such an important job here in our city. My personal opinion is that he is a typical tax and spend bureaucrat and seems to have little or no management knowledge/capability. He couldn't answer or didn't want to answer the simplest questions. I was totally applauded at the fact that the school board has to hire consultants for every decision they make. This makes me wonder why we elected them in the first place. They can't decided whether or not the city has a person or persons within capable of being school  superintendent. I would like to have a job that some one brought me the name or names, without me having to do any work or research, of certain people to hire in a job. Why do we pay politicians to sit on their backsides and wait for every decision be handed them on a silver platter. I'd like to see our city council and school board do some work on their own and make decisions on their fact findings rather than some high paid consultant. Why pay two people to do a job when one is sufficient? I think our children deserve better that what we are giving them in school board management today. After all, the the bills today will be paid in the future by our children and grandchildren.

I am looking forward to a new day in VB. Maybe, the 5th of May, 2006 will be the beginning of a new day in our fair city!

Sincerely,

Reginald S. Early
Virginia Beach, VA 23452


Posted by corpusdelicti on Saturday, February 25 @ 15:39:56 MST (2414 reads)
(Read More... | Score: 5)

 Lawyers Excluded From Gramm-Leach-Bliley Act

Your  Letters

Yesterday the D.C. Circuit issued its decision in the American Bar Association v. FTC case, holding that the privacy provisions of the Gramm-Leach-Bliley Act do not apply to lawyers. The FTC argued essentially that because “real estate settlement services” is a financial activity and because lawyers engage in real estate settlement services, then the GLB privacy regulations governing “financial institutions” applied to lawyers.  I have attached a copy of the decision. 

While this decision is not directly related to the anti-money laundering provision in section 352 of the USA PATRIOT Act, it is close enough that I am sure the ABA will argue to Treasury that Treasury lacks the authority to apply the section 352 requirements to lawyers.  At the least I suspect this will further delay Treasury as it tries to figure out how to address real estate closings performed by lawyers or law firms.

 David  F. B. Smith
Ryberg and Smith L.L.P.
1054 Thirty-first Street, N.W.
Suite
300
Washington
, D.C. 20007


Posted by corpusdelicti on Friday, December 09 @ 06:48:24 MST (1183 reads)
(Read More... | Score: 0)


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