DEBT COLLECTORS CALLING YOUR CELL PHONE–CALL BARNETTE LAW OFFICES TODAY!

Are debt collectors and/or debt purchasers calling you on your cell phone?  Did you ever give them permission to do so?  Do you live in Tennessee?

If the answers to the above three questions are yes, then call Jason Barnette at the Tennessee debt collection protection firm of Barnette Law Offices.  Did you know that it is unlawful for a debt purchaser or debt collector to call you on your cell phone -  or residential line - without your consent under the Telephone Communication Protection Act.  Each time they do, it can be worth $500.00 to $1,500.00 pursuant to the Telephone Communications Practices Act.

Call us at Barnette Law Offices to make them stop and – potentially – make them pay for your damages at 615-585-2245, info@barnettelawoffices.com or at http://www.barnettelawoffices.com.

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Sued by a Debt Purchaser in Tennessee?

Barnette Law Offices is accepting new clientele which have been sued by Debt Purchasers – or in some cases originally creditors – throughout the General Sessions, Circuit, and Chancery Courts of Tennessee.  We offer aggressive defense against such claims and where applicable, assert counter-claims under the FDCPA and FCRA.

Call us at 615-585-2245 or contact Tennessee Consumer Protection Lawyer Jason Barnette at info@barnettelawoffices.com

Tennessee Unemployment Law

Have you recently applied for unemployment insurance compensation benefits through the Tennessee Department of Labor and Workforce Development and received an Agency Decision stating you were ineligible?  If so, call Jason Barnette at Barnette Law Offices.

You have a right to appeal the Agency Decision to the Appeals Tribunal.  It matters not if you have been alleged to have committed work related misconduct or to have voluntarily resigned.  You need a Tennessee unemployment law attorney like Jason Barnette to explain to the hearing officer what is and what is not work related misconduct and to apply T.C.A. 50-7-303(a)(2)(A) to the facts of your case.  If the issue is voluntary resignation, you need an unemployment law attorney like Jason Barnette to help you show that you had compelling and necessitious reasons to leave your most recent work and that you exhausted all reasonable alternative before so leaving.

If you’ve been denied benefits through the Department of Labor, contact Jason Barnette at Barnette Law Offices.  We can be reached at 615-585-2245 and info@barnettelawoffices.com

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LVNV Funding–Tennessee Court of Appeals

In a recent case of LVNV Funding, LLC v. Kevin Mastaw, the Tennessee Court of Appeals at Nashville struck a blow to all debt purchasers that sue Tennessee consumers.  No. M2011-00990-COA-R3-CV - Filed April 30, 2012.  The Court got it right and affirmed our position that – essentially – robo-signed Affidavits on sworn accounts are indeed hearsay inasmuch as they are not “business records”.  The ruling can be reviewed at http://www.tncourts.gov/sites/default/files/lvnvfunding_opn.pdf

When defending Tennessee consumers, we always object to any debt purchaser’s attempt to introduce Affidavits that are once removed or even twice removed from the personal knowledge of the witness.  While, Jason Barnette “typically” gets most cases dismissed before hearing, he has made the argument time and time again that Affidavits submitted by debt purchasers are prepared for litigation and are therefore, not subject to the business record exception to hearsay.  Our Court of Appeals confirmed that.

What does that mean for you if you’ve been sued by LVNV, Portfolio Recovery Associates, CACH LLC, Gault, Midland Funding or any host of other debt purchasers?  It means that in order to win, a debt purchaser must now authenticate any document they intend to use to prove up the debt through witness testimony and said witness better of personal knowledge as to the contents of the documents.

If you’ve been sued by a debt purchaser or have one hounding you through a law firm, contact Jason Barnette at Barnette Law Offices.  We can be reached at 615-585-2245 and info@barnettelawoffices.com.

Technorati Tags: Tennessee Consumer Law,Tennessee Consumer Lawyer,Fight Debt Purchasers

Debt Purchasers–If You’ve Been Sued Call Us!

Have you been sued in a General Sessions Court in Tennessee?  Is the Plaintiff a debt purchaser?  If so, call us at 615-585-2245 or email us at info@barnettelawoffices.com.

Debt purchasers go by many names – Portfolio Recovery Associates, Midland Funding, Asset Acceptance, CACH, LLC, LVNV, Gault Financial – but there are many.  Essentially, they all have the same business model.  Buy old credit card debts – or any debt really – for cents on the dollar and sue you for it.  However, you have options and Jason Barnette - Tennessee Consumer Protection Attorney – will fully explain those to you during  a free consultation.

Debt purchasers – regardless of their name – must show a chain of title in order to prove up their claim.  This is often difficult for them.  Moreover, they typically must authenticate said chain of title through witness testimony.  Some may argue that their affidavits are not hearsay and rather, “business records” but do businesses; i.e., make affidavits for all the accounts they have?  Of course, no they don’t because such documents are prepared for litigation alone.

Furthermore, debt purchasers are subject to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Tennessee Collection Services Act.  Chances are, the debt purchaser that is now suing you has violated one of the Acts cited above.  Indeed, they may not even be lawfully permitted to sue you in Tennessee.

If you’ve been sued by a debt purchaser, call us at 615-585-2245 or email us at info@barnettelawoffices.com.  We can help.

Technorati Tags: Tennessee Consumer Protection Lawyer,Fight Debt Purchasers,Nashville Consumer Protection Lawyer,Tennessee Consumer Law

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 Jason Barnette 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.

Jason Barnette focuses on consumer protection 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, Tennessee consumer protection lawyer Jason Barnette 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.  Tennessee Consumer Protection Attorney Jason Barnette 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 Barnette Law Offices, we make them and if they can’t, we will assert counter-complaints.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC 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.

Technorati Tags: Tennessee Consumer Protection Attorney,Tennessee Consumer Lawyer,Tennessee Consumer Protection Lawyer,Jason Barnette,Barnette Law Offices LLC

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 Jason Barnette 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.

Jason Barnette focuses on consumer protection 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, Tennessee consumer protection lawyer Jason Barnette 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.  Tennessee Consumer Protection Attorney Jason Barnette 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 Barnette Law Offices, we make them and if they can’t, we will assert counter-complaints.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC 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.

Technorati Tags: Tennessee Consumer Protection Attorney,Tennessee Consumer Lawyer,Tennessee Consumer Protection Lawyer,Jason Barnette,Barnette Law Offices LLC

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 Jason Barnette 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.

Jason Barnette focuses on consumer protection 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, Tennessee consumer protection lawyer Jason Barnette 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.  Tennessee Consumer Protection Attorney Jason Barnette 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 Barnette Law Offices, we make them and if they can’t, we will assert counter-complaints.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC 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.

Technorati Tags: Tennessee Consumer Protection Attorney,Tennessee Consumer Lawyer,Tennessee Consumer Protection Lawyer,Jason Barnette,Barnette Law Offices LLC

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 Jason Barnette 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.

Jason Barnette focuses on consumer protection 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, Tennessee consumer protection lawyer Jason Barnette 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.  Tennessee Consumer Protection Attorney Jason Barnette 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 Barnette Law Offices, we make them and if they can’t, we will assert counter-complaints.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC 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.

Technorati Tags: Tennessee Consumer Protection Attorney,Tennessee Consumer Lawyer,Tennessee Consumer Protection Lawyer,Jason Barnette,Barnette Law Offices LLC

Unemployment Benefits Denied?

Have you been denied unemployment insurance compensation benefits 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 appeal to the Appeal’s Tribunal.

 

Jason Barnette 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 Jason Barnette 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 unemployment benefits.  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 Barnette Law Offices at 615-585-2245 today.

Technorati Tags: Tennessee Unemployment Lawyer,Unemployment,Unemployment Lawyer