I sent a letter to validate debt to First American Investments (they are reporting on my credit report as CA for a 2 year old Providian debt). In my letter, I also asked to cease and desist all collection activity until validation of debt and to communicate with me only in writing. I confirmed that First American Investments received the letter on the USPS web site. Within days, someone calls my home phone and leaves a message stating that she's from Giove Law Office and needs to speak to me regarding case #... and they need to talk to me or my attorney about the outcome of my case right away. On my caller id, it says that the call was from Kretchmann Law Office. I also received 5 phone calls within 2 hours on my cell phone from one of the 800-numbers for Giove Law Office. I searched on Google and found out that Giove Law Office operates under many different names, including First American Investments and Kretchmann Law Office! Because of these different names that they use, are they still in violation of FDCPA because they contacted me by phone when I had already asked them to cease and desist? It's so confusing when CA's use different names. Any input is greatly appreciated...Thanks!
No, they are not in violation of FDCPA because they contacted you by phone when you had already asked the to cease and desist. But First American Investments is in violation but not for calling you after receiving demand for validation and partial cease & desist. First American did not call you. Kretchmann Law Office is not in violation because they did not receive any such communication from you as you sent to First American Investments. Giove Law Office is not in violation because they did not receive any such communication from you as you sent to First American Investments. You need to send the same letter to the latter two because they contacted you. Technically you have 30 days from their initial contact with you by any means whatever to demand validation. So you need to send the both of them the same letter. But First American Investments is in violation because they were not supposed to sell or transfer the debt until they validated. So if you want redress you will have to sue them for that. The best thing is to sue them in federal court. Filing fee is $350.00. Judging from what you say above, whoever is the parent company may be in violation for operating under multiple business names. The best thing is to sue them in federal court. Filing fee is $350.00. Each of the above entities will probably violate several more times. The best thing is to sue them in federal court. Filing fee is $350.00 a pop. Of course, they don't know that you have that kind of cash laying around waiting to be put to such a good use. In fact, they are confident that you don't because if you did then surely you would be a good and moral person and pay what you owe. If you don't have that kind of cash they don't have much to worry about and can operate with impunity. Anyway, where are you going to find a lawyer to file the cases for you? You are in much the same shape as God when he supposedly told the Devil he was going to sue him. According to the old joke, the Devil retorted with "Oh Yeah, where are you going to get a lawyer to do it?" The inference being that the Devil had all the available lawyers down there with him. The point is that there are an extremely small number of competent lawyers willing to take on such tasks and they aren't likely to front the costs for the filing fees even if you could find one since they aren't allowed to do that. So how do you like the prospect of fighting a giant octopus? Not much? I didn't think so. Even worse, one of their tentacles is likely to sue you sooner or later. I'm certain you can easily find and pay for an attorney to defend you, can't you? NO? Then may I respectfully suggest that you immediately start studying FDCPA and your state Rules of Civil Procedure and Rules of Evidence so you will be well prepared to either sue them or defend yourself. Remember that it is always much better to be a plaintiff in federal court than it is to be a defendant in any court. I know of one individual who has sued various defendants in federal court several times and has won all of his cases. He isn't an attorney either. He is just a somewhat average guy who decided he wasn't going to put up with the abuse they were heaping on him. His situation is a bit unique because he makes well over $100,000 a year and was never actually in default on any of his accounts. In some of his cases he never owed them a crying dime to start off with. He has also helped a couple of his co-workers defeat cases filed against them but he isn't looking for people to help. He says that he is so sick of spending all his spare time studying law and preparing the paper work he don't want to have anything to do with law or lawsuits once he gets done with all his cases. I think he said he was on his last case when I spoke to him about a week ago and after that he is done with it or at least hopes he is. So what is your best solution? Pay them if you have the means to do so and if you don't then best you start the learning process right now.
Giove are crooks who will do anything they can to get you to pay.Go to budhibbs.com and you will be able to read all you need to know about these bums.There one of the worst ca around.
Well, he thinks he is anyway. He has added two new henchmen to his arsenal. Robert Paisola and somebody who calls himself by a multitude of different names, one of them being "Uncle Normie" or just "Normie" or quite often "E. Normis Debtor". They are as different as night and day and in fact "Normie" is busy doing a hatchet job on Paisola and doing it in bangup fashion. Seems that Normie isn't the only one bashing Paisola either. Several more have joined in the fray. John Brewington who is a private investigator from Arizona put up several blogs blasting Paisola too. Ripoff Report, another famous negativist also lit into him as did Quatloos and many others. It seems that Paisola has helped his own cause much either. His multitudinous errors in life make him an easy target only making the warhawks seem more like legitimate scambusters which they are not. Like buzzards in the desert, they are doing their best to pick Paisola's bones clean while seemingly elevating their own status in life. It would do Hibbs well to publicly disavow any association with either Normie or Paisola because the resulting flames can easily ruin him too.
ahhh e normis debtor...what a story that is...to read all of his postings...i visit his website frequently just to see what he's telling people to do now..
Have you seen Normie's new one on Paisola and his Western Capitol Management company? Normie was also responsible for wrecking the old PCMHOLDINGS message forum with his incessant flames. There is a movie out which is part of the Google video library depicting all of the flames that went on there. Accusations of beastiality including pictures of sheep and goats and yarns about how beastiality is legal in the mideast and therefore no big deal. More yarns about how it is not illegal to smoke dope over there so that isn't any big deal either. Those kinds of things were what caused the demise of PCMHOLDINGS.com which was owned by Pacific Healthcare which has nothing whatever to do with health care but is only a collection agency. Then when it was obvious that their message board had flopped because of Normie they tried to sell it for $20,000 then reduced it to $15,000 in private emails to collectors. Nobody wanted it at any price so they just took it off the net and put up a new board and nobody will post there either except Normie. He used to just about dominate CI.com too but has apparently disappeared from there too. It hasn't all disappeared from the internet and it never will. Much of it is still available here http://web.archive.org/web/*/http://www.pcmholdings.com but none of the graphics were preserved. It took the movie to do that. Pacific Healthcare will never live that down because the wayback machine will have it in their archives long after there is no more Pacific Health Care. That's what happens to those who indulge in such negativity towards others and that is going to be much more true in the future than it is now. The time will soon come when the engines will bury your listings or even completely delete them if you engage in negativity. That move has been fueled by all of the negativity towards the Bush administration. Can't allow people bashing our president for leading us into global warfare now can we?
bush? ugh...thats a whole other can of worms isnt it? normie is still on ci.com now insidearm.com posting his usual ....posts....to put it decently?
I don't go over there much. If I do it is usually to follow one of their stories which they send out in emails every few days. They do put out some interesting stories once in a while. I also follow M. Dunn's postings and find interesting things there from time to time. I keep track of quite a few collection boards and groups but never post on any of them.
