Tuesday, June 26, 2012

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 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 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 .  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.

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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.

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Sunday, June 26, 2011

Nashville DUI Defense Lawyers

header_duilawyer Whether you've been stopped for the first time on a charge of driving under the influence, or you're facing habitual motor vehicle offender felony charges based on prior convictions, you should have knowledgeable and resourceful representation to protect your record and your drivers license. Contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC in Nashville for a free initial consultation about your options.

In every drunk driving case, we make a careful examination of the circumstances of the arrest and your prior record to preserve as many options for you as we can. In situations involving a traffic checkpoint, we'll see whether we can challenge the stop on the basis of improper checkpoint procedures or profiling. In other cases, we'll determine whether the arresting officer had a reasonable suspicion to suspect you of drunk driving, or whether he had probable cause to arrest you for DUI. The Tennessee DUI Defense strategy of Barnette Law Offices, LLC will make the most of the facts in your favor and worktoward the suppression of the evidence against you.  field sob breath test

With the help of forensic experts, we can also attack the results of the blood alcohol test or evidence of drugs that are found in your system. We're always on the lookout to see whether prescription drug interactions produce false readings. We've also found that arresting officers or lab technicians sometimes lack the training or credentials to provide reliable blood alcohol readings.

While many of our clients prefer an early resolution of DUI charges as soon as possible, even if a guilty plea to careless or reckless driving is necessary, we'll take your case to trial whenever there's a reasonable chance of success on the basis of disputed facts. Additionally, we represent clients facing felony DUI charges, as in alcohol-related accidents involving personal injury or death.

In cases where a conviction of DUI is unavoidable, we can review the circumstances of any prior DUI convictions to see whether any can be eliminated as the basis of increased punishment. Whenever possible, we'll also work to preserve or restore your ability to drive under a restricted license and so that you can serve any incarceration period at the Swaim Center rather, than in jail.

For additional information about our ability to defend you on drunk driving charges, contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC or 615-585-2245 for a free initial consultation.

at 4:01 PM 0 comments
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