Me again dirt on Norfolk Financial corp.

Welcome to the forum Guest, thanks for the useful (although disturbing) information.

"Praise the Lord, and pass the ammunition!" - Frank Loesser, 1942

:lol: That's a good quote Uncle.
Speaking of ammo, that's what my new avatar is. It's the bullet and about a inch past the cannulure. It's 7.62x54R
Let's see if ya know your guns, what rifle fires it?

Not to hijack this thread, but that's an easy one. Mosin-Nagant [among a great many others].

I suspect that the answer you're actually looking for, however, is the SVD Rifle. Known colloquially as the Dragunov [Russian variant] or Type 79/85 [Chinese variant]. Designed by E. F. Dragunov, and accepted by the Soviet military, 1963. Still in use in much of Asia and eastern Europe. The ones I've handled and shot were acceptable quality. Fit and finish were lacking, but accuracy was better than expected for an eastern bloc semiauto small arm of the era [mine is VN era Izhmash [Russian], early '70s production]. Overall, a functional, if butt-ugly, rifle. The M1-D is a better weapon for the designed role, the M-14 is better still. None of them is a match for a decent bolt action at any distance much over 600m.

Did I pass?

uncle always hijacks and is the authority...all hail to master unc :) :) :) :) :)

Guest- if you don't stop with the personal attacks, I will delete..Unc is really knowledgeable about alot of areas--if you need help, he can help :D

He is suing me too. His "employee" Maureen is the same person as his attorney Maureen Forsyth. A little bit more about this dirtbag is that as soon as MA enacted laws to prohibit debt collectors from practicing without a license, he shut down his business on VFW Parkway and moved his operation to RI, where there are no such regulations. Only thing is that he never really shut down the VFW Parkway office, that's where his little pal Maureen now is doing her "lawyer" gig from. She's not a lawyer, she's a debt collector with a law degree, trying to get around the laws of the state. She should be disbarred just like he was.

All his businesses in Rhode Island have been shut down.
He had an office under Peabody & Arnold LLC and Norfolk Financial Corp. had their certificate of authority revoked. I also noticed that his signature is very similar to the signature that was signed by Maureen Forsyth on the small claims notice. I keep getting more and more dirt on this company, it isn't even funny.

The license you say that she is missing, is it a license to practice law, or is it a business license?

I am getting annoyed. I found out, by the lawyer I opened the account in 1999. But for some reason she only has the transactions from 6/2002 on. She has nothing else prior to that.

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.

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.

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.

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.

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?

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.

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?

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.

Sounds great, let us know how it turns out.

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?

That depends if the civil docket would require a jury trial. Most of the time these matters are resolved without a jury. Of course this all depends on your state/district rules for civil procedure.

I need to file my answer to the Small Claims and submit my counterclaim at least 10 days before trial to make it go easier. Been reading all the laws for 5 hours now. Civil docket could include a jury trial but it's best to settle before it goes to trial.

Ok so I am updating this. I ended up getting them to fold. I got a Judgment of dismissal without prejudice. I also Reported Norfolk Financial Corp to the Division of Banks for unlicensed practice when he was told to shut down in tis state. Now I just wait and see.

Great, sounds like you're on top of them! Keep us posted, please. I'm certain that I'm not the only one here who's following this thread with a great deal of interest.

Ok, Norfolk Financial is suing me too, through Maureen Forsyth!

Maureen is real, I've talked to her. However the entire operation is about as slimy as they come. She tries to play hardball, but only sometimes has the ammo to back up her filings.

I'd love to say that I knew of some way to nail these jerks, but unfortunately in my case the debt is real and they actually have enough documentation to make my chances in open court iffy, AND they sued me in civil court instead of small-claims.

What really frosts me is that "Norfolk Financial" offered to settle for $1000, but that number has gone up and up and up, they now want $3500 (!!!) but have agreed to settle for under $2000. It's ridiculous, and I wish there were a better way around it.

Maureen wasn't even willing to promise an RFC as part of the settlement. I'm really irked.

- PPP

If you come back and read this - what grounds were there for your dismissal? In my case the court they are suing me in is where I used to live - a 2 hour drive from my current location. So for me to actually show up and work this thing through means multiple days out of work. I've been making settlement payments - I know, not the smartest thing in the world. :(

If these guys are really not licensed debt collectors that'd be real bad, but it was my understanding that they were doing things the "legit" way for Massachusetts by getting Maureen to file for them?

Welcome to the community PPP.
In this case you need to file a motion to dismiss based on improper venue. They need to sue you in your county of residence, they are not doing so and therefore not following proper civil procedure.

For me, it was about 5 different things.
They filed in small claims court for an amount over $2,000 they said it was $2,000 with interest. they still are charging 18% interest without having the original contract, MA law is 12%. They failed to give me 30 days to dispute. I fought back against them and basically they folded. They have not sent a validation and the phone calls have stopped so they know it's not my debt.

I am putting together a lawsuit right now and as soon as I have it together, I am going to file it. I have them on fdcpa and 93A violations worth treble damages for a total of $3,000. If I can find more or find a way to work in the $2,000 max I can get up to $6,000.

You can try accessing FCRA damages if they are knowingly reporting inaccurate information on your credit report, that would be $1,000 per violation.

I would like to do that JCEMT but that would make it more complicated. The max for small claims in Massachusetts is $2,000 so the violations add up quick. I could get a lawyer but can't afford anything right now, only the $40 to file in small claims.

I could wait a bit but there is a 1 year limit to file under the fdcpa.

How much additional is it to file outside of small claims? It may be worth your time.

About $350 or more.

Can you save up for that much before the SOL expires?

??
Ahh but I used to live in the county where the suit was filed, I have simply moved. Do I still seek dismissal on those grounds?
And as a secondary thought - dismissal doesn't do much to fix my credit report, does it?

If you had moved before the suit was filed then yes you can. As to your secondary thought, it would make it more convenient to you to drive within the county you live in as opposed to them making you drive out of county. If they want to file suit against you make it hard on them. Besides the motion to dismiss for improper venue will show them you have some teeth to bite back with and that you know a thing or two about the judicial system. It might even make them think twice.

Ok perhaps I was unclear. I lived in CountyX until November. They served me in September. I moved to CountyY in November, and the case management conference was postponed until January.

Getting back there to argue about moving it is super inconvenient, but not impossible. They didn't file incorrectly, but I would definitely like to have it moved.

I would suggest to go ahead and motion to dismiss for improper venue. The worst that could happen is your motion gets denied.

It just keeps getting better I filed a complaint against Norfolk Financial with the division of banks, who licenses debt collectors. I got a letter in the mail today saying that it is beyond their control but they forwarded my complaint to the Attorney Generals office and they also sent it to the Federal Trade Commission. I am hoping that they pursue this further and take this company down.

How will this benefit me if they are shut down by the FTC and the AG? I can still sue I know that but would It help any?

Oh yes you can still sue. They will probably not shut them down but will access some hefty fines. Besides your still entitled to statutory damages.

Also, if they were to be shut down the business owner can still be held libel.

That's if the guy even pays if I win. He was to pay sears around $945,000 and only paid back $89,000. That's why he got disbarred.

He steals money and talks about people not paying their bills and sues them on a few hundred to a few thousand. Yet he is no better, what a hypocrite.


If I brought up in court about his past, would that help my case at all? I can't get in trouble for exposing information that is already out in the public and has been in the newspapers, can I?

It is also online and in court records.

If you wanted to attack his character, assuming it becomes an issue in court.

OK I think I stated before that on my Trans Union credit report it now shoes Norfolk Financial Corp as account closed. I disputed this company with Experian and today is 30 days. I know it might take a few more but if it gets deleted, and they try to sue again, I can get the case thrown out right? I know it will be hard for them to sue again because I already got a judgment of dismissal.

Also will Experian send the information about deletion to Trans union and equifax or would I have to dispute it with them too?

OK it has been over 30 days and I haven't heard anything from Experian yet. Also I sent a DV letter to them and they still updated my credit report in JUNE. They didn't change the amount due though.

Whats going on here? I still haven't got validation yet from their attorney. What if they come back as verified from Experian?

OH DAMN!!!!!!!!!!!!

The attorney for Norfolk Financial Corp sold out. Maureen Forsyth no longer has the law firm. It is now under the name of:
Carl Brugnoli or Law Office Of Carl Brugnoli

I was looking up her business under the Massachusetts corporations SOS and she is no longer listed.

They are pissing me off. It came back this time as reviewed. In january the date opened was 5/2005, I disputed it and it came back verified and the date changed to 12/1999 then back to 5/2005 and now again back to 12/1999. Should I pursue legal action against them for this? I sent the DV letter before I disputed the entry and never got anything, also They tried to sue me without providing 30 days to dispute I got a dismissal without prejudice. What kind of game are they playing?


NORFOLK FINANCIAL
Address:2130 MENDON RD STE 3-321
CUMBERLAND, RI 02864
No phone number available
Account Number:
Original Creditor:COMPUCREDIT

Status:Collection account. $3,128 past due as of Jun 2008.

Status Details:This account is scheduled to continue on record until Oct 2011.

This item was verified and updated on Jun 2008.

Date Opened:12/1999

Reported Since:08/2006

Date of Status:08/2006

Last Reported:06/2008
Type:Installment
Terms:NA
Monthly Payment:$0
Responsibility:Individual
Credit Limit/Original Amount:$1,932
High Balance:NA
Recent Balance:$3,128
Recent Payment:$0

Account History:
Collection as of Jun 2008, apr 2008, Nov 2007 to Mar 2008, Dec 2006 to Jul 2007, Oct 2006, Aug 2006


Your Statement:
I HAVE NO KNOWLEDGE OF THIS ACCOUNT.
Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act).

ANYONE?

Should I pursue this before bankruptcy? I really don't know if it's mine and haven't been provided with anything to say it's mine. If I declare bankruptcy and include it, thats like I am admitting it's mine now.

What should I do?

I just wanted to clarify some of the mis-information which has been posted on this site.

Yes, the maximum small claim amount in MA is $2000.00. BUT there is no law/rule stating that ANYONE who files a small claim suit may waive damages they are owed OVER AND ABOVE the 2000.00 limit.

(it's strange, that people are upset about only having to pay 2000.00 or less even though, their (admitted) balance was over 3000?)

Further, if you were served in September at your current residence and THEN MOVED 3 months later, you were not sued in the improper venue and therefore is not grounds for dismissal.

Basically, I'm sure that if you do in fact owe the money, which it sounds like the posters, do. Just settle or set up payment plans, that probably is the quickest way to start getting your credit report back up to snuff.

The energy spent trying to get around paying your debt back would be better spent paying your debt back!

It's sad and ironic that some of the things you people are accusing these companies of, such as dishonesty, aren't you being dishonest denying the debt that you have admitted here is your debt?

I think SOME people are dishonest, but there are many more genuine people who HONESTLY don't know if a debt is theirs.

If a collection agency won't (or can't) provide the proper paperwork (which they are legally required to furnish anyway), how can someone find out if a debt is theirs or not?

Why cant the person also check their records, why is it everyone elses responsibility to do what is probably right at their fingertips?

It is sooo typical now that people just sit back and demand demand demand...take some time to review their own information and refresh their memory as to what THEY CHARGED. Verifcation of debt is not the history of the account ie what they charged, it is the opening date last payment date orginal account number and original creditor.