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Legal Recovery Law Offices

Submitted by rbh97 on Thu, 02/14/2008 - 14:35
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I just got a call from these people earlier today saying that they are a law office representing Capital One and that they are looking for $1,200.00. I told them I intend to pay the bill in full sometime in the future, but at this time was paying other debt and didn't have the money. The person on the other end of the phone said that if I couldn't commit to a a payment plan today, that they would garnish my wages to a tune of 25% of my net pay until the debt is paid. I got back to work form lunch and my HR guy tells me someone had called to verify my employment. Who are these people and is this legal?

TIA

Rich


Quote:

Originally Posted by JCEMT
Sounds like Legal Recovery Services, they can't garnish your paycheck without a judgment against you, which means that they would have to sue you and you would have to loose.
Start out by sending them a debt validation letter (you can find a good template in my signature) send it certified mail, return receipt requested. That way they have produce validation before pursuing any further collection activity. If they sue you before validating you can countersue for 1k for fdcpa violations, and I can give you a almost surefire method of getting it dismissed if it goes there.
For now just send the DV. Also they are a collection agency with a attorney specializing in debt collection running it.


I am dealing with these idiots right now. I called my orginal creditor to inform them they had passed my 30-day demand for validation, and was referred to LRS. I called them, and was told a summons was on it's way. I proceeded to write them a demand letter, producing the authorization from CAP ONE to us me without notice (They cannot do it legally).
In my letter I also informed them of the fact the debt had NOT been validated and that any reporting or collections on their part are also illegal.
I am now bombarding them with FTc complaints, Sections from the FCRPA, and anything else I can get my hot little hands on.

In addition, I went to their site and QUOTED the section "Our Methods" which states they start with a collection letter - I never got one!

Also, if your debt is months away from being past the California Statute of Limitations (4 years) - you can postpone court dates until the time is up. Lawyers do it all the time.

One note about garnishment - they can attach your savings - take it out NOW! Any money you have stashed - stash it somewhere else.


Submitted by on Mon, 11/16/2009 - 21:11

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Hello! I have been served papers by this office as well! However, in the top right corner it is stamped with the superior court of ca, co of sonoma stamp, and says it's endorsed- this lead me to believe it is for real...however, at the bottom of the document (first page) it says unless this is a complex case, the cover sheet will be used for statistical purposes only..there is a box marked "is not" a complex under rule 3.400 of the CA rules of court...so this confuses me.

Can they continue to charge interest? The account was charged off. They also added on $200 for court fees, but said if I made an initial $900 pmt, they would not add attorney fees.


Submitted by on Wed, 02/17/2010 - 19:12

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Well it will sound bad, but the company might continue charging interest along with late fees and presumably over limit fees. As the legal fee has already been included.
So you can extend for a negotiation in case the company commits to waive off the attorney fees but make sure you get everything in black and white. Moreover, you can send a letter requesting a validation. Also make sure that that you keep the agreement and the receipt copy forever in your safe custody to avoid future mishaps.


Submitted by on Thu, 02/18/2010 - 03:30

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They robbed me for $4900. on a 5 year old $2200. cc .I was never served.They took child support money from my kids.I have severe issues with people who steal and do evil towards families who can not defend themself.Well people rest assured I surely will not play fair.Rules are simple!you steal from me you shall have both hands removed.You steal food from my children this crime is punishable be death with head removal.I have priors you dumb shits! I put dirt to sleep for fun!I love the hunt could be months sometimes years.Just getter done!!!he he he.To the people who monitor this website for the owners of Mark d walsh recovery.Hey you guys are missing a sever.Guess he quit without notice.Herd they found the car at the Mexican border.He probably just went to live there for life.Oh and to the Feds you know Im just playing I would never hurt anyone again.It's not like Im saying someone is cleaning house and working their way to the top..That would be crazy!


Submitted by on Sun, 03/21/2010 - 00:38

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Anyone out there been or being sued by this piece of feces called Mark D Walsh of LRLO? First of all, all of these CA kangaroo courts are working in collusion with this parasite, because these courts are enabling and encouraging these cockroaches to do these fraudulent summonses. If you get a summons, these courts wants you to pay at least $205 to answer, so they encourage this whore because the courts extort revenue from people via his egregious and vexatious litigation. First: The party that LRLO claims to represent have already DISCHARGED whatever debt they say "you" owe. Once a debt has been discharged, thats IT- NO MORE DEBT, its over- UNLESS you agree to contract with them to pay something. Walsh & LRLO THEN buys the debts from the original alleged creditor (i.e., bank, credit card, etc.) and turns around & sues whoever's name is on that alleged debt. In California that is against even their own "laws" and "codes"- check CA Business & Porfessions cose sctions 6128(a) and 6129, punishable by $2,500 &/or 6 months in jail for each one.. This cockroach Walsh has already been reported to the CA state Bar- including evidence on record with the court clerk of Walsh committing perjury- and currently a State Bar investigator is assigned to this cockroach, but whether the CA State Bar actually ENFORCES it is another issue... If anybody out there is interested, it can be possible to do a class-action suit, and/or squash this cockroach on Federal RICO Racketeering & Influencing Corrupt Organizations violations, 18 USC, chptr 113A section 2236 enhanced penalties... Another good idea for anyone who has paid LRLO or Walsh any $$ is to report WALSH to the IRS with the correct 1099 form (I dont know which one, 1099 MISC).. Ask someone who knows enough about taxes to do this procedure.. Maybe you can find out his EIN or TIN through the CA Sec. of State, since his bar # is 206059. Like Jesse Ventura said in that movie 'Predator': "If it bleeds, then you can kill it." If he wants to stress YOU out, the LEAST you can do is return the favor double unto him. "As he reaps, so shall he sow"...


Submitted by on Tue, 04/06/2010 - 12:19

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Quote:

Originally Posted by anonymous
i use to work for them..
1)when they're sendin u calls (which means there's no judgement yet) tell them u moved out of state, they'll stop pursuiing
2)record what they say if u can... They're assholes, and if u can get chris gallegos on the phone, then u have a great case against this company. Also rick moses (1 of 4 owners) is a good one, he'll slip-up. Chris is rick's lil cousin' guess it runs on the family.





[email]pneumann07@yahoo.com[/email]


Submitted by on Mon, 06/07/2010 - 14:34

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I had a credit car originally through Providian visa then Washington Mutal bought them out then when the economy went down hill Chase Bought them out. They have charged me with interest and Attorney fees of $10,000 i need help can someone help me. I tried to call and they would only settle for 8k i only make 16k a year. In 2008 i only made 9k and last year $16k and they won't work with me what do i do i can't afford an attorney.I only have proof of the last bank statement from them of 29.99% interest rate with a $8500bal dated last year. Any advise that i can do this my self to show the judge its impossible? or is it best to file a BK for that one account


Submitted by on Mon, 06/07/2010 - 14:41

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I am also dealing with them. Apparently, from what I understand, they are just a collection agency, but I may be wrong. They contacted me at my work last week and informed me that unless I pay them $2800 that I would be taken to court, and have to pay court costs bringing my debt to over $5000!!. I informed "Lyn" that I couldn't afford that, so she decided that $800 was a good offer, and that we could work out the rest of the payments after that. I don't even make $800 in a paycheck. When I tried contacting her 5 days later she was on lunch, I called 4 different times. They were willing to let me spread the $800 payment over three months, but I still can't afford that. I was willing to pay $65 for the next 6 months, and then just pay off the rest of the debt, but they refuse to accept.Apparently they could lose their jobs if they accepted sometihng that low. I am really scared. They just called me again yesterday and demanded that my boss give me the message to call them back right away. Yet when I called back, less than 5 minutes later all I got was an after hours recording prompting me to leave a message.


Submitted by on Fri, 08/06/2010 - 19:32

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I have received a call from IRL saying I owe $16,396 from a Chase Credit Card bill. I also received a letter from this office that looks exactly like a collection agency form letter. I have called them and have tried to settle on this debt but instead of treating me professionally they have threatened me with a judgement that they say they will serve me at my house and my job. I tried to talk to them today and the guy I was talking to kept yelling at me trying to make me feel guilty and ashamed. I have been settling with other creditors and they have been helpful and courteous. I explained to this gentlemen that my husband died and that I have lost my home but it seems to get him even madder. He told me I have to pay $4,000 by December and then they will put me on payments. I asked him for a Settlement Amount before I start send him thousands and he answered rudely that I owe this amount and started yelling about that he represents the banks who are laying people off because of people like me. I told him that the conversation was over and hung up? Can you give me any advice in what to do next?


Submitted by on Thu, 08/19/2010 - 23:55

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After spending 7 months trying to negotiate a payment plan with Capital One Bank over a $12,000 credit card balance, and one collection letter from NCO Financial, to which I responded with a CEASE & DESIST letter in June 2009, I was subsequently served with a civil suit in early October 2009, by Legal Recovery Law Offices/Mark D. Walsh on behalf of Capital One. I paid the $340 fee to file my answer to the complaint, and the ball was rolling. I represented myself IN PRO PER at all stages of the proceedings that followed. I am not an attorney, but I understand my rights, have a fundamental understanding of the law, and am a capable public speaker, so I am not intimidated by the process.

I showed up for the first hearing as scheduled in December 2009. LRLO was represented by "special appearance" (a local attorney acting as the agent of LRLO), who was entirely unfamiliar with the case, and was not aware that I had filed an answer and was seeking a default judgment. Couldn't get the default because I answered and appeared. Case postponed to Feb 2010. I demanded "alternative dispute resolution" in my answer. Ignored by LRLO.

LRLO files a "first amended complaint" which essentially restates the entire original complaint -- no fundamental changes, even though it alleged that Capital One Bank had changed its name to the same name the case was filed under (Capital One Bank (USA) NA). However, they filed a stack of billing notices, and a copy of the Cardholder Agreement, including a copy of the Arbitration Agreement. I file an "objection" to the First Amended Complaint. At the February hearing, the judge overrules my objection, claiming it does not "prejudice" me, and California law requires liberal treatment of plaintiff's right to amend its complaint. I have 15 days to respond to the new complaint.

I respond and also file a motion to compel arbitration ($40). Hearing set for March 28. At that hearing, special appearing counsel is again unaware of my motion, but argues that the motion for arbitration cannot proceed because there was no formal discovery request for the arbitration agreement -- which Plaintiff provided in its "Exhibit 1" with its amended complaint. Unfortunately, the judge cannot read the arbitration agreement (6 point type, xerox of a xerox, largely illegible), and will not look at my transcription, but orders a return to court in 30 days, notifying me that I have to seek "discovery" of a legible copy of the arbitration agreement.

If the document is not produced by the hearing in April, then the court will consider my Formal Request for Discovery. Capital One does provide a clear copy of the Arbitration Agreement, but it is still in 6 point type. At the April hearing, no representative of LRLO appears! The judge still cannot read the agreement, but this time agrees to read my transcription. Orders Arbitration, and a status hearing in 90 days, on July 27.

At the July hearing, there is a new judge on the bench. Routine reassignment of personnel. Counsel specially appearing for LRLO is now third attorney to represent. Has no clue that this is an Arbitration status hearing, and is seeking a continuance for 90 days for LRLO to prepare for trial (mind you this is 10 months after filing the case). I point out to the new judge that this hearing was to determine if Plaintiff had commenced arbitration or the case was to be dismissed.

New judge finds the order for arbitration in the case file, but cannot find any notes from the prior judge about dismissal on this date -- Capital One dodges a bullet. However, the judge is apparently familiar with LRLO, and comments that Mr. Walsh can always file his paperwork to sue, but never seems to have things in order for trial. Orders Plaintiff to commence arbitration within 30 days or the case will be dismissed with prejudice, and also orders that there will be no award of attorney's fees or costs to LRLO in my case. Also notices LRLO's special appearing counsel to be sure to let Mr. Walsh know that no new papers/filings will be accepted by the court in this case (such as a motion to deny arbitration or some such nonsense). Final hearing set for August 27, 2010.

I show up for court on August 27. Case not on calendar. Go to Clerk's Office to find out why not. Plaintiff has voluntarily dismissed the case (without prejudice) on August 18 (did not send a copy to me as required, causing me to appear unnecessarily).

So here's the final word. In my case, Capital One Bank cannot refile the case in civil court -- state or federal. The Arbitration Agreement provides that "IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY." It is now on the record that I elected arbitration.

So now Capital One's only course of action is to (1) commence arbitration at its expense -- of its three named arbitration services, one can no longer hear credit card disputes by consent decree in a federal class action, a second no longer hears credit card disputes at all, and the third requires that the party that commences an arbitration with it must now pay all costs of arbitration (although it may recover those costs as part of the arbitrator's award), or (2) to drop the matter entirely and leave me alone forever.

I do not expect Capital One to pursue Arbitration, otherwise they would have pursuant to the court order to do so.

What I do expect is for the outstanding balance to remain on my credit report for several more years, but I really don't care, since I have sworn off credit cards forever. I do expect that some other collection agency may some day send me a collection letter to which I will do nothing more than respond with a CEASE & DESIST letter. Any attempt to retry this case will prompt a demurrer from me, on the basis of prior adjudication (although without prejudice, which would have ended everything permanently), and then seek dismissal with prejudice, and file a cross-complaint to have Capital One declared a "vexatious litigant" for bringing a matter to court that it cannot (and that exposes them to court-ordered monetary and other sanctions, and declaratory relief to me). So that's why I do not expect to ever see another courtroom in this matter, even though it remains hanging over my head for another two years or so until the 4 year statute of limitations on collections has run its course.

I cannot give you legal advice about your matter with Capital One Bank, or how to proceed against LRLO if you are sued by them, but if your cardholder agreement still is subject to the arbitration agreement (my understanding is that Capital One Bank removed it sometime around the end of December 2009, but my "breach of contract" occurred a year earlier when I stopped making payments on the account), you can file a motion to compel arbitration, and should experience the same result I did.

HERE'S THE BOTTOM LINE WITH LRLO/MARK D WALSH, ESQ. As far as I can tell, they don't ever try cases. They obtain "default judgments" when a defendant fails to answer a complaint and fails to appear in court. Defendants generally fail to respond or appear because (1) they don't know what their rights are, (2) don't have the money to hire an attorney, and (3) are afraid they're going to lose anyway, so why bother? They postpone, and prolong, just long enough that a defendant who does appear fails to show up one time, and then, BANG! default judgment.

At the time of my first couple of hearings, Capital One Bank was the Plaintiff in at least five different cases. Other than myself, none of the other defendants appeared. Default judgments against all for failure to appear. On the day my case would have been dismissed if the judges had not been changed, Capital One had at least three other cases on the calendar. No defendants appeared . . . default judgments.

That's what LRLO is counting on. Poor people who cannot pay their debt, cannot afford an attorney, and do not believe they can represent themselves in court effectively. So they just don't show up, and give LRLO an easy "victory". Then LRLO can come back to court and get an order to garnish wages, seize property, whatever they can get their grubby, dirty, little hands on. Because the "judgment debtor" probably fails to show at that hearing, too, and the court hands LRLO just about whatever it requests.

So don't let this happen to you. If nothing else, do not fail to appear for any hearings. Use a paralegal to help you file papers if you can't afford an attorney. And even if you can afford an attorney, they probably won't do any more for you than help negotiate a settlement. In California, you have the right to demand "Alternative Dispute Resolution" and seek an arbitrator or mediator to do that for you. It will cost less than hiring an attorney to fight a civil suit. In my case, had I used an attorney, it would probably have cost me $2000-$4000 for the time involved to write answers, file motions, attend hearings, and so on. I did it all for $380 plus some postage, and my time to research civil law on collections, arbitration, and to find documents I could use as a model for filing my forms in the "proper format".


Submitted by on Mon, 08/30/2010 - 16:10

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Quote:

Originally Posted by Anonymous
I have received a call from IRL saying I owe $16,396 from a Chase Credit Card bill. I also received a letter from this office that looks exactly like a collection agency form letter. I have called them and have tried to settle on this debt but instead of treating me professionally they have threatened me with a judgement that they say they will serve me at my house and my job. . . . I asked him for a Settlement Amount before I start send him thousands and he answered rudely that I owe this amount and started yelling about that he represents the banks who are laying people off because of people like me. I told him that the conversation was over and hung up? Can you give me any advice in what to do next?


First, understand that although they could serve you with papers (a "complaint" filed in civil court) at your place of employment, no "judgment" can be obtained against you without first filing a civil suit against you, which you have the right to defend against. You can answer the complaint (you should), or you can simply go to court on the hearing date and explain to the judge that you don't have the money to hire an attorney.

The judge will postpone your case and advise you to find a way to get some legal counsel. Then you can have at least 90 days to do that. At least it buys you more breathing room than the initial 30 days you have to answer a first complaint.

As for the bank employees who are "losing their jobs" because of "people like you" -- don't shed a tear for them (none really are losing their jobs) since they could care less about you and your employment situation.

Document and record (if possible) all phone calls you receive (buy an inexpensive digital recorder and get a telephone suction cup microphone to plug into it). Yelling, screaming, and threatening, as has occurred in your case, is all prohibited by the FDCPA. With evidence of it, you have them by the gonads. Not only might they drop the matter and zero out your account, but you could possibly pursue them for violations of state and federal law and win a big time judgment -- meaning thousands of dollars to you. Get names, phone numbers, anything you can to prove who you talked to. Ask for a callback number and tell them you'll call back in two minutes. Then call from your cell phone so there will be a record of the date, time, and length of the call, if nothing else.

California law "prohibits" recording calls without the knowledge of the person being recorded, so just say "Beep!" every fifteen seconds or so -- the sound that an automatic recording device is supposed to make -- and if they ask, "Why do you keep saying 'Beep!', then tell them, "Oh, I told you before, I'm recording the call." They'll probably hang up instantly, or they'll start screaming about violation of their civil rights and start using profanity. Which is really great for you if you are recording the conversation. Then you contact a high level manager at the collection agency and play the recording and ask where to send the federal civil suit complaint.

That should put an end to your matter.

A decent digital recorder will cost about $30. Cheap insurance if you ask me!!


Submitted by on Mon, 08/30/2010 - 16:25

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Just stumbled upon this while trying to get information on Mark Walsh. My husband and I are in the process of a short sale on our home and I found out that I had this "judgement" against me from Mark Walsh. First of all, I never received any paperwork or even knew about this....I was not ever "served" with papers and would not even know about this if the Escrow Officer didn't bring it to my attention. I've been advised to call him and see if I could negotiate on the total amount due. However, I must admit I'm a little scared to make this call after reading these posts!

If anyone has any advice on how to proceed/who to speak with/etc. it would be greatly appreciated...The total on the debt is less than $2,000.00

Thank you!


Submitted by on Mon, 10/04/2010 - 14:05

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We are also being sued by this attorney, but he represents a third party debt collector, who supposedly purchased the debt from the original creditor. But in all actuality they must have purchased it from another third party debt collector because we also have a letter from them (from early last year). We didn't know about this case until we got a request for default judgement in the mail. We went to the courthouse first thing the next morning and they said that there is a case filed against us and that there is also a proof of service in our file. We were never served! No one was even home at the time they said we were served. According to the notice of service they supposedly personally handed the summons to my husband, but he was not home! We rushed to file an answer in hopes that the court did not receive the request for default before we got the answer in. Paid $355 to do so, but there is still a chance they beat us. If so we will file a motion to vacate default judgement and then we will retain a lawyer and sue these people! Just another victim of this law offices fraudulant practices. If that class action lawsuit is still in the works, count us in and let me know!


Submitted by on Mon, 10/25/2010 - 18:54

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And to think - I just sent them a $500 money order because I didn't want them having my checking account information. I also have a $11K outstanding debt with Cap I. I haven't been able to find out who this has been sold to. At this point I can only hope they don't try to say they served me and manage to get a default judgement. How can you contact the courts to see if there is an outstanding case on you? And please include me in any Class Action suit.


Submitted by on Wed, 11/03/2010 - 22:42

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I was summoned back in August. The saddest part about this situation is that my children 6 and 4 witnessed the person trying to serve me, standing on our porch. Since, my husband and I didn't know who he was and why he was there, my husband forced him off our porch. He (the person we didn't know), then called the police, again my children observed this. Kind of hard to avoid them from witnessing. Anyhow, 'til this day, my children think about this "bad" person on our porch. They are now being affective by the carelessness of Legal Recovery Law Offices, people who do the "DIRTY WORK". I'm pissed to the tee.


Submitted by on Tue, 11/09/2010 - 16:38

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I Just got served a summons for legal recovery law offices on behalf of capital one. i have been making payments to them but because it's not the amount they want theya re sueing me. do they usually get the 25% garnishment if i show up in court? I live in Ca and this debt is less then $2000.00


Submitted by on Thu, 11/18/2010 - 12:22

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Be aware This law Firm does not just serve Capitol One. I have three law suits against me right now from Legal recovery law Office. Two are for HSBC Bank and One is for Bank of America. This law firm is over aggressive and I know that if they file a summons against you and you file a response it makes them very angry. They will start sending you all kinds of paperwork to harass and intimidate. Don't let them.
Does anyone know if there any kind of class action suit pending against this law office?


Submitted by on Mon, 11/29/2010 - 13:15

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Yes, I have a law suit against them now. Going to court. They lie and play games...Be aware they plat dirty and do not go by any rules! Fight them, it might take months but these people need to be stopped. they cause more trouble.


Submitted by on Tue, 11/30/2010 - 16:52

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Yes, there was a law suit pending against LRS and I think there will be another from the way the yell and treat people.Many complaints about hem and the Reps. Bad Company,should be out of business. they talk or yell at the people they call. They are horrible....


Submitted by on Tue, 11/30/2010 - 16:54

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Please go to an attorney. these people are playing games.get everything in writing. if you have an agreement in writing on a certain amount they cannot sui you!!!!
they play games and lie.........do not let them bully you. go on line seek real legal help.
educate your self . These are little people causing problems for a lot of people.


Submitted by on Tue, 11/30/2010 - 16:59

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My God this is horrible. I hope you reported this guy and your going to sue. you can . Look on line and get some legal advise. What this man did was not right!
I know how horrible they can be and I am taking them to court and I will win! They broke so many laws!


Submitted by on Tue, 11/30/2010 - 17:03

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I heard about a book called "A true story on How I bet Capital 1 and LRLO".... there is some good reviews about the book and for 414.99 I figure its worth a try. I have made an appointment with an attorney because LRLO filed a judgement and didnt properly serve me...so I have been looking into filing motion to vacate or set aside default judgement. yes they bad guys will try in a hurry to get a judgement without properly serving you. so keep checking with the superior courts in your area


Submitted by on Sun, 02/06/2011 - 04:24

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whoops sorry the book is sold for 14.99 (not 414.99, typo) anyways, I am interested to see how that book can help me bet LRLO and maybe even see if I can sue them for filing judgement and not properly serving me and anything else they lied about


Submitted by on Sun, 02/06/2011 - 04:27

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