Tuesday, April 17, 2012

BEEN SUED BY A DEBT PURCHASER?

Debt purchasers such as Midland Funding, LLC, Cavalry Portfolio Services, Gault Financial, Portfolio Recovery Associates, CACH, LLC, etc., use the General Sessions Courts of Tennessee to frequently sue consumers who may have defaulted on an account long ago.  Unfortunately, many of said consumers do not know what to do and simply fail to appear.  This is because most people feel that there is nothing they can do and moreover, there are very few attorneys such as in Tennessee which assist consumers when they’ve been sued.

Many times these junk debt purchasers will not have sufficient evidence.  They all file what are called “sworn accounts” which is essentially a Summons to appear on an account that someone has sworn an affidavit wherein they state the consumer owes the account and what amount.  However, the Tennessee Rules of Evidence do apply as does the Tennessee Collection Services Act.  Moreover, some debt purchasers violate consumer protection statutes by illegally collecting, collecting “actively” without a collection service license, and unlawfully reporting inaccurate information upon a consumers credit reports.  In short, you can successfully defend and even file counter-complaints if sued by a debt purchaser.

in defending consumers against debt purchasers.  He knows that an affidavit can be rebutted through a sworn denial.  He is aware that someone must authenticate any affidavit submitted as evidence in support of a sworn account.  He knows that affidavits should not be construed as business records – an exception to the hearsay rule – should a witness for a debt purchaser fail to appear.  Furthermore, he is cognizant that a right of assignment should be presented to show a chain of title that permits a debt purchaser to act as a real party in interest.

Moreover, knows how to counter-claim under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Tennessee Consumer Protection Act inside and out.  If the debt purchaser does not have a valid Tennessee collection service license and is actively collecting in violation of the Tennessee Collection Services Act, a dismissal is in order.  will utilize the aforesaid Acts to fight for you against debt purchasers. 

Again, debt purchasers must be able to prove what they allege in their cases against consumers.  At , we make them and if they can’t, we will assert counter-complaints.

Please contact at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc.  We can help you defeat the suit and sometimes, put cash in your pocket at the same time.

at 2:56 PM 0 comments

BEEN SUED BY A DEBT PURCHASER?

Debt purchasers such as Midland Funding, LLC, Cavalry Portfolio Services, Gault Financial, Portfolio Recovery Associates, CACH, LLC, etc., use the General Sessions Courts of Tennessee to frequently sue consumers who may have defaulted on an account long ago.  Unfortunately, many of said consumers do not know what to do and simply fail to appear.  This is because most people feel that there is nothing they can do and moreover, there are very few attorneys such as in Tennessee which assist consumers when they’ve been sued.

Many times these junk debt purchasers will not have sufficient evidence.  They all file what are called “sworn accounts” which is essentially a Summons to appear on an account that someone has sworn an affidavit wherein they state the consumer owes the account and what amount.  However, the Tennessee Rules of Evidence do apply as does the Tennessee Collection Services Act.  Moreover, some debt purchasers violate consumer protection statutes by illegally collecting, collecting “actively” without a collection service license, and unlawfully reporting inaccurate information upon a consumers credit reports.  In short, you can successfully defend and even file counter-complaints if sued by a debt purchaser.

in defending consumers against debt purchasers.  He knows that an affidavit can be rebutted through a sworn denial.  He is aware that someone must authenticate any affidavit submitted as evidence in support of a sworn account.  He knows that affidavits should not be construed as business records – an exception to the hearsay rule – should a witness for a debt purchaser fail to appear.  Furthermore, he is cognizant that a right of assignment should be presented to show a chain of title that permits a debt purchaser to act as a real party in interest.

Moreover, knows how to counter-claim under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Tennessee Consumer Protection Act inside and out.  If the debt purchaser does not have a valid Tennessee collection service license and is actively collecting in violation of the Tennessee Collection Services Act, a dismissal is in order.  will utilize the aforesaid Acts to fight for you against debt purchasers. 

Again, debt purchasers must be able to prove what they allege in their cases against consumers.  At , we make them and if they can’t, we will assert counter-complaints.

Please contact at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc.  We can help you defeat the suit and sometimes, put cash in your pocket at the same time.

at 2:54 PM 0 comments

BEEN SUED BY A DEBT PURCHASER?

Debt purchasers such as Midland Funding, LLC, Cavalry Portfolio Services, Gault Financial, Portfolio Recovery Associates, CACH, LLC, etc., use the General Sessions Courts of Tennessee to frequently sue consumers who may have defaulted on an account long ago.  Unfortunately, many of said consumers do not know what to do and simply fail to appear.  This is because most people feel that there is nothing they can do and moreover, there are very few attorneys such as in Tennessee which assist consumers when they’ve been sued.

Many times these junk debt purchasers will not have sufficient evidence.  They all file what are called “sworn accounts” which is essentially a Summons to appear on an account that someone has sworn an affidavit wherein they state the consumer owes the account and what amount.  However, the Tennessee Rules of Evidence do apply as does the Tennessee Collection Services Act.  Moreover, some debt purchasers violate consumer protection statutes by illegally collecting, collecting “actively” without a collection service license, and unlawfully reporting inaccurate information upon a consumers credit reports.  In short, you can successfully defend and even file counter-complaints if sued by a debt purchaser.

in defending consumers against debt purchasers.  He knows that an affidavit can be rebutted through a sworn denial.  He is aware that someone must authenticate any affidavit submitted as evidence in support of a sworn account.  He knows that affidavits should not be construed as business records – an exception to the hearsay rule – should a witness for a debt purchaser fail to appear.  Furthermore, he is cognizant that a right of assignment should be presented to show a chain of title that permits a debt purchaser to act as a real party in interest.

Moreover, knows how to counter-claim under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Tennessee Consumer Protection Act inside and out.  If the debt purchaser does not have a valid Tennessee collection service license and is actively collecting in violation of the Tennessee Collection Services Act, a dismissal is in order.  will utilize the aforesaid Acts to fight for you against debt purchasers. 

Again, debt purchasers must be able to prove what they allege in their cases against consumers.  At , we make them and if they can’t, we will assert counter-complaints.

Please contact at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc.  We can help you defeat the suit and sometimes, put cash in your pocket at the same time.

at 2:44 PM 0 comments

BEEN SUED BY A DEBT PURCHASER?

Debt purchasers such as Midland Funding, LLC, Cavalry Portfolio Services, Gault Financial, Portfolio Recovery Associates, CACH, LLC, etc., use the General Sessions Courts of Tennessee to frequently sue consumers who may have defaulted on an account long ago.  Unfortunately, many of said consumers do not know what to do and simply fail to appear.  This is because most people feel that there is nothing they can do and moreover, there are very few attorneys such as in Tennessee which assist consumers when they’ve been sued.

Many times these junk debt purchasers will not have sufficient evidence.  They all file what are called “sworn accounts” which is essentially a Summons to appear on an account that someone has sworn an affidavit wherein they state the consumer owes the account and what amount.  However, the Tennessee Rules of Evidence do apply as does the Tennessee Collection Services Act.  Moreover, some debt purchasers violate consumer protection statutes by illegally collecting, collecting “actively” without a collection service license, and unlawfully reporting inaccurate information upon a consumers credit reports.  In short, you can successfully defend and even file counter-complaints if sued by a debt purchaser.

in defending consumers against debt purchasers.  He knows that an affidavit can be rebutted through a sworn denial.  He is aware that someone must authenticate any affidavit submitted as evidence in support of a sworn account.  He knows that affidavits should not be construed as business records – an exception to the hearsay rule – should a witness for a debt purchaser fail to appear.  Furthermore, he is cognizant that a right of assignment should be presented to show a chain of title that permits a debt purchaser to act as a real party in interest.

Moreover, knows how to counter-claim under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Tennessee Consumer Protection Act inside and out.  If the debt purchaser does not have a valid Tennessee collection service license and is actively collecting in violation of the Tennessee Collection Services Act, a dismissal is in order.  will utilize the aforesaid Acts to fight for you against debt purchasers. 

Again, debt purchasers must be able to prove what they allege in their cases against consumers.  At , we make them and if they can’t, we will assert counter-complaints.

Please contact at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc.  We can help you defeat the suit and sometimes, put cash in your pocket at the same time.

at 2:37 PM 0 comments
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Unemployment Benefits Denied?

Have you been denied by the Tennessee Department of Labor and Workforce Development.  If so, you are not alone.  Many claimants receive Agency Decisions which deny them the unemployment benefits they are entitled to.  Chances are that the Agency Decision you received from the Employment Security Division stated that you were ineligible due to work related misconduct or that you voluntarily resigned.  However, don’t despair just yet because you are afforded the right to to the Appeal’s Tribunal.

 

focuses on winning unemployment benefits for his clients and those rightfully entitled to benefits.  The Appeals Tribunal is a term that is used to describe an appeal which takes place before a hearing officer employed by the TDLWD.  The rules of evidence apply as do the procedural rules of the TDLWD. 

While you do not have to have an attorney in a hearing, ask yourself do you know what work related misconduct actually means under the Tennessee Code Annotated or how our courts have defined it?  Moreover, do you know the Tennessee Rules of Evidence or the procedures employed by the TDLWD during an administrative review?

In short, while you do not have to have an attorney represent you during an appeal before the Appeal’s Tribunal, it is advantageous.  Moreover, it is helpful to have an attorney such as who knows the substantive and procedural law that applies in such hearings.

In addition, some claimants believe that if they left their most recent work for whatever reason, they cannot receive unemployment benefits.  This is not always true.  If your last working environment gave you compelling reasons to leave, affected your physical or mental well being, and you exhausted all reasonable alternatives before resigning then you could well be eligible for .  Furthermore, if there was a substantial change in your work – such as a cut in pay or being assigned duties which you did not have when you were hired – from the date of employment until the date of separation, you may be deemed eligible for benefits.

In any event, if you have been denied unemployment benefits by the TDLWD for misconduct or voluntary resignation, call at 615-585-2245 today.

at 1:25 PM 0 comments
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