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Me again dirt on Norfolk Financial corp.

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I did a lot of research on this company who is suing
me.

His name is Daniel W. Goldstone. He was disbarred in
2006 by the Supreme Judicial Court and can't practice
law for the next 8 years. He is not licensed to collect in the state of Massachusetts. He was sued by sears for $945,409 and dodged them for 5 years and eventually paid them only $89,000 according to the Supreme Judicial
Court ruling.

I found it funny that he has an employee who's name
is Maureen. I don't know her last name yet.
His lawyer is Maureen Forsyth, I don't know if there
is any relation.

all this information about him is here if anyone has
problems with this company.

If you do a search on his name or go to Business.com and do a search on Norfolk Financial Corp, you will find a load of information.




She has a license to practice law. Massachusetts debt collection law excludes Attorneys-at-law acting on behalf of a client from the definition of a debt collector. But Federal law includes attorneys as debt collectors since 1986 I believe. Federal Law will override state law on that matter. So comes the question, If you have to be licensed in a state to be a debt collector and if an attorney's main business is debt collection,Federal law would count attorneys as debt collectors and would have to be licensed to collect such debt otherwise it would violate 1692k and 1692e. Attorneys in Massachusetts are manipulating the system in order to collect on a debt.

Sub: #11 posted on Wed, 04/16/2008 - 14:15

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Unless Massachusetts has separate statutes governing how a debt collector must be licensed she will need to be an attorney that is licensed to practice law in that state, as well as any state they try to collect in (if they are using the attorney's name/letterhead) and they will need a business license for their state as well as any other state which requires them to have a license. They may also be required to file a surety bond as well, this varies from state to state.

Sub: #12 posted on Wed, 04/16/2008 - 15:39

JCEMT JCEMT
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OK I got a letter from Forsyth law offices telling me I can settle for a significant discount or payment plan. On April 7th, when I got the letter, it has a payment slip with a balance of $3,092.85. When I talked to her on the phone, she said I could pay the balance of $31xx.xx. Is that against the law? She is suing me in small claims court, the limit is $2,000, READ BELOW!!! This should be extortion.

As I read the law, If the amount is over $2,000 you can't waive the right of the remaining balance and just take a loss. If I remember corectly when I asked the clerk if I file a counterclaim can it be more that $2,000 and take a loss and she said NO! She said I would have to have it transfered to regular civil docket.

Please someone tell me how you interpret the law below.

Chapter 218: Section 21. Power to establish rules of procedure; venue; jurisdictional amount; hearings; damages and penalties

Section 21. There shall be within the district court department and the Boston municipal court department a simple, informal and inexpensive procedure, hereinafter called the procedure, for the determination, according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel, in which the plaintiff does not claim as debt or damages more than two thousand dollars; provided, however, that said dollar limitation shall not apply to an action for property damage caused by a motor vehicle, and for a review of judgments upon such claims when justice so requires. The procedure shall not be exclusive, but shall be alternative to the formal procedure for civil actions begun by summons and complaint.

Sub: #13 posted on Wed, 04/16/2008 - 16:10

Unregistered


The first thing this tells me is that you can get the case dismissed for improper venue. They cannot file this in small claims court as it exceeds the two thousand dollar limit for small claims.

Sub: #14 posted on Wed, 04/16/2008 - 17:08

JCEMT JCEMT
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(Posts: 2934 | Credits: )

If I get it Dismissed then she can just turn around and get more out of me though right? That wouldn't be fair in my book. Unless I ask for it to be dismissed with prejudice, right?

Sub: #15 posted on Wed, 04/16/2008 - 17:21

Unregistered


It couldn't be dismissed with prejudice for improper venue. What will get it dismissed is when they refile in the correct venue, during discovery you request supporting documents (check the link in my signature for a debt validation template, that will give you a good checklist) you request those documents and if they cannot provide proper validation during discovery that is when you motion for dismissal with prejudice.

Sub: #16 posted on Wed, 04/16/2008 - 17:27

JCEMT JCEMT
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Do I use this in court or do I mail it after it gets dismissed from small claims?

Also, if they where seeking $2,000 in small claims, can they turn around and change it to more in civil court?

Sub: #17 posted on Wed, 04/16/2008 - 18:15

Unregistered


OK I just got off the phone with the court house. The clerk said unless it is a car accident, the claim cannot be over $2,000 even though $2,000 is the limit. They cannot take a loss in order to get it processed cheaper and faster. I will have to ask the day of the trial for motion to transfer to civil docket for my counter claim but I am also asking for an involuntary dismissal on their part for the number of violations they have committed, ex: Placement of improper venue, not being licensed debt collectors, refer to Heintz v. Jenkins, 514 US 291, and a number of other violations including re-aging an account in order to keep the SOL running. I am at 3 pages already and I am making sure I don't leave a single thing out.

Sub: #18 posted on Thu, 04/17/2008 - 05:59

Unregistered


Sounds great, let us know how it turns out.

Sub: #19 posted on Thu, 04/17/2008 - 13:35

JCEMT JCEMT
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(Posts: 2934 | Credits: )

Do you know if I would state punitive or compensatory damages in an amount or do I request to leave it up to the jury to decide on what is deemed fair?

Sub: #20 posted on Thu, 04/17/2008 - 14:53

Unregistered


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