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#33
12-13-2008, 09:23 PM
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I don't think they will care over much..all a registered agent does is accept legal documents and makes sure the company gets them..they don't have anything to do with the company besides that.
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#34
12-14-2008, 12:35 PM
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OK I just think I figured something out. I have been reading up on Massachusetts laws. The first time they sued me I had a Judgment of dismissal from the court. It states
" Neither the plaintiff nor the defendant has any right of appeal from this judgment of dismissal. For good reason any party may file a motion within one year of this judgment, with notice to the other parties, requesting to vacate this judgment of dismissal" Now I went on the Consumer Affairs site and found this, Read the last paragraph. If you are unable to resolve your complaint through self-help or local consumer group mediation, you may wish to use the Small Claims Court. Known popularly as the people's court, this informal and inexpensive forum is designed to help you settle disputes of $2000 or less without the aid of an attorney. An exception to the $2,000 maximum is made for property damage caused by a motor vehicle. If an action is one for which double or treble (triple) damages are per-mitted by law, the limit may be increased to $4,000 for double damages and $6,000 for treble (triple) damages. The law also provides for double or treble damages plus costs and attorney fees in certain landlord/tenant situations and actions brought under Chapter 93A. If your claim is only slightly in excess of $2,000, you may still decide to sue for the $2,000 in Small Claims Court to avoid the costly and lengthy court battle in a higher court. If your claim is greatly in excess of $2,000 you may wish to retain the services of an attorney and sue in another court. Note: Should you decide to use Small Claims Court, you will be precluded from bringing the same claim to any other court. Does this mean that they had no right to file in district court this time? Does this mean they had to first have the judgment of dismissal vacated and then either continue in small claims or have it transferred to a civil docket?
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#36
12-15-2008, 12:28 PM
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Such BS. I called the court house today and they said it's legal for them to sue me again. First they say I owe then the judgment says I do not owe now they are suing me saying I owe again.
I would love to see what they come up with for validation, NOTHING, because it's not mine.
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#37
12-15-2008, 04:20 PM
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Well I got a phone call today from the division of banks, they license debt collectors. I had filed a complaint and they are investigating them now. Tomorrow they want me to fax over everything this company has sent me.
The lady told me the Attorney General told them to shut down and they did, but really didn't. She was shocked to hear they are back in business. Hopefully something will get done. As for me right now there is not much they can do because it is already in the courts.
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#38
12-15-2008, 05:17 PM
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Take that information with you to the courts! If they legally can't collect, you should be able to get is dismissed with prejudice! Call that lady back and ask her for a document from them stating all that, that the AG made them shut down and that they are not legally collecting. Hell, if the lady won't do this....supena her to the court. That is a major point right there, you should even coutnersue.
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#39
12-15-2008, 06:37 PM
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Sounds like good advice, thanks! The good thing is that I don't have to go till, i think, March 9th 2009 for the case management meeting. So hopefully I can get something in writing from the division of banks by then. She gave me her direct line if I need anything from her. I am typing up a letter to better help them investigate everything and then I am faxing it over in the AM.
They where under investigation by the Attorney General it was the DOB that told them to cease collections if not licensed. Massachusetts enacted the licensing in 2004 Norfolk was ordered to be licensed by September 30th 2006 and they claim they purchased my alleged debt May 16th 2006 so in my opinion they had no right to purchase debt in the first place. They where also trying to make it a law that if someone was sued on a debt that the debt collector would have to provide proof such as a contract or full account history. Furthermore they tried to make it so they couldn't file a lawsuit unless they had this information. Also the SOL is 6 years in my state, they where also going to make it a state law saying that if the 6 years pass, they cannot collect at all and the consumer does not have to pay. All this was in 2006 and nothing has been done.
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#40
12-15-2008, 09:30 PM
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The only thing I can point out here is that even if they can't legally collect, they can still purchase the debt, just not collect upon it. You should check and see if they do carry a lisence now and if so, when did they get it.
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#41
12-16-2008, 07:20 AM
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No they never got a license, they claim they do not need one. If they where to apply for a license they would get denied.
The owner of Norfolk Financial corp. has had 2 rebukes from 2 federal judges, a monetary sanction for $2,000 For filing a frivolous lawsuit, he was an attorney but was disbarred in 2006 for a number of reasons, one being for not paying back Searsâ„¢ the $945,430 he stole from them. He only made one payment after he found out he was going to be disbarred but it was too lat. that payment was around $89,000, and 5 years after the ruling to pay them back. So because of his past, he can't get one.
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#42
12-16-2008, 10:44 AM
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Then you have them. Get that documentation and you will annihilate them in court.
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#45
12-19-2008, 02:55 PM
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I found out what happened to the attorney who originally ran Forsyth Law Offices. maby she had felt guilty in her job OR maby her old boss set up a law firm without her knowing and forged documents in her name.
Maureen Forsyth, 34, who moved to the Washington area from Boston two weeks ago, was the top female finisher. "I get up at 5 in the morning and see everybody running," she said. "It's great. In Boston I think everyone is still asleep at that hour." She calls running her "true love," but excels at triathlons, having competed with the U.S. team in France last year.
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#48
12-30-2008, 05:38 PM
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I have gotten nothing from them yet. The debt is not mine I told them about 50 times already. I requested validation in April and they still filed a lawsuit against me anyway. They never answered the validation and said I never sent the letter, morons. The only thing they ever sent me was a fake credit card statement in the past. I picked it apart for hours and found a load of errors on it. Now since they filed this lawsuit, I have found even more. A different attorney runs the office now and they sent me totally different information than last time.
They are so dumb, they couldn't even cover their own tracks and now they left a paper trail showing just how fraudulent they are.
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