Wednesday, October 23, 2013

Tennessee Unemployment Lawyer

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Sued By A Debt Collector in Tennessee?

Have you been sued in General Sessions Court in Tennessee by a debt collector or debt purchaser?  They go by many names such as CACH, LLC, , , , Portfolio Recovery Associates, LLC, and the list goes on and on.  Think that there is nothing you can do?  You’re mistaken to believe that.

First, debt collectors and debt purchaser must comply with the in order to have standing to sue you.  Secondly, the must comport to the new provisions within .  They do not.

routinely gets lawsuits filed in General Sessions Court, Circuit Court, and Chancery Court dismissed with prejudice.  If you’ve been sued by , or any debt collection law firm either through a Civil Warrant in Debt, Summons, or even a simple letter, contact the at today.

Sued By A Debt Collector in General Sessions?

Have you been sued in General Sessions Court in Tennessee by a debt collector or debt purchaser?  They go by many names such as CACH, LLC, , , , Portfolio Recovery Associates, LLC, and the list goes on and on.  Think that there is nothing you can do?  You’re mistaken to believe that.

First, debt collectors and debt purchaser must comply with the in order to have standing to sue you.  Secondly, the must comport to the new provisions within .  They do not.

routinely gets lawsuits filed in General Sessions Court, Circuit Court, and Chancery Court dismissed with prejudice.  If you’ve been sued by , or any debt collection law firm either through a Civil Warrant in Debt, Summons, or even a simple letter, contact the at today.

Thursday, March 7, 2013

Credit Reports Contains Errors? Do Something About it - Call The Tennessee Fair Credit Reporting Act Lawyers!

According to a study conducted by the United States Public Interest Research Group, contain either serious errors or mistakes. These errors have serious consequences on people, as are used for everything from granting credit and setting interest rates to obtaining insurance and employment.

The (15 U.S.C. § 1681 et seq.) is the federal legislation that regulates the credit reporting industry, including the national credit bureaus The Fair Credit Reporting Act, or “FCRA,” was enacted to protect from the damage that errors in their credit reports cause. While the FCRA established a very flawed mechanism used to “dispute” inaccuracies appearing on consumers' credit reports, this mechanism doesn’t often work. Once an inaccuracy (i.e. an account that is not the person's, but is showing up on his or her credit report, or an account that is reported as derogatory but was never past due, etc.) is disputed to the credit bureau that is reporting the inaccuracy, the credit bureau has 30 days to perform a of the disputed item. They usually don’t and thus, the item remains. The FCRA also requires that the credit bureau relay the consumer's dispute to the company that furnished the disputed information (called the “furnisher of information”) who then must also reasonably investigate the dispute. Again, this seldom occurs. Once the "investigation" is complete, the credit bureau must send an updated copy of the credit report to the consumer, showing the results of the investigation which usually convey that the item and/or items remain.

The . When that happens, the consumer has a claim under 15 U.S.C. § 1681i. If the furnisher fails to perform a reasonable investigation, which also happens quite often, the consumer has a claim under 15 U.S.C. § 1681s-2(b). We at the firm of sue both the credit reporting agencies and furnishers of information for these claims.  Our consultations are free and most cases are accepted on contingency plans.

The FCRA also requires credit bureaus to follow reasonable procedures to assure maximum possible accuracy of the credit reports they generate under 15 U.S.C. § 1681e(b). Despite this requirement, the credit bureaus often publish credit reports that contain obvious errors, such as when the credit bureaus combine the credit information of one consumer with that of another consumer who has a similar name and/or social security number.

If the credit bureau and/or furnisher negligently violate the FCRA, the consumer can recover his or her actual damages, plus attorneys' fees and expenses under 15 U.S.C. § 1681o. If the violation is willful, i.e. if it was done either intentionally or with reckless disregard, consumers can also recover punitive damages under 15 U.S.C. § 1681n.

The typical lawsuits fall under three categories:

One is the identity theft victim, who has his or her identity stolen when the imposter opens credit cards, etc. using a fraudulent name and social security number. Of course, the identity thief doesn't pay the bill, resulting in the credit card being charged off and reported onto the identity theft victim's credit report as a bad credit item. The victim learns of the fraud account(s) when he or she is denied credit and requests a credit report to learn why. The victim then disputes the fraud account(s) but because the credit bureaus and furnishers almost never go beyond simply comparing the name and social security number of the victim to the name and social security number on the account (which in identity theft cases almost always match, hence the identity theft), the fraud accounts do not get removed, thus ruining the person's credit.

Another common case is the mixed file case where the credit bureau mixes the credit files of two people with similar names and/or social security numbers. If one of these people has bad credit, it lands on the other person's credit report, ruining his or her credit. The same dispute process is used and sometimes works, but often just for a short while because, when the report is regenerated in the future, the same loose matching logic is used and the two credit files become mixed again.

The last common case is when something is just misreported by the furnisher - i.e. a credit card company reports an account as late that, in fact, was never late. If the credit bureau and/or credit card company fails to correct the error after it is disputed to the credit reporting agency, the consumer has a claim under 15 U.S.C. § 1681i.

is one of the few law firms in Tennessee that routinely represents consumers in and one of the few such firms in the nation.

In addition to Tennessee, Barnette Law Offices has represented consumers in FCRA cases all over the nation, including cases in Texas, D.C. and Michigan.

The recent amendments to the FCRA require the credit bureaus to each give you one free credit report per year. A website called www.annualcreditreport.com was set up to facilitate requesting your free credit reports. However, DO NOT USE THIS WEBSITE as the credit bureaus insert arbitration clauses into your online requests for your credit report, which could potentially waive your right to a damages trial. To request your free credit report from each of the three national credit bureaus, use the written form (which does not contain an arbitration clause) which you can download from https://www.annualcreditreport.com/cra/requestformfinal.pdf and then mail to the address on the form.

If you need to dispute errors on your credit report, write letters (sent certified mail, return receipt requested, if possible) disputing the errors to the following addresses:

Experian Information Solutions
701 Experian Pkwy
Allen, TX 75013

Equifax Information Services
P.O. Box 740241
Atlanta, GA 30374

Trans Union
P.O. Box 2000
Chester, PA 19022

In your dispute letter to the credit bureau, be sure to include your full name, Social Security number, date of birth, address and phone number in your dispute letter and itemize each error/account that you are disputing.

To schedule a case consultation with our attorneys, contact today at 615-585-2245 or info@barnettelawoffices.com

Midland Credit Management Calling? Call Us!

If is calling you on your cell phone or sending you letters for collection, call us at at 615-585-2245.  First, it is usually unlawful for them to call you under the with each violation being worth $500.00 to $1,500.00.  Secondly, it is just annoying.  Third, if they are sending you letters or calling, that is a violation of the because they – Midland Funding – do not have a necessary to collect from Tennessee consumers.

If you’ve been contacted by Midland Funding, LLC, CACH, LLC, Asset Acceptance, Cavalry Portfolio or any other debt collector, call us today before they sue you in your local General Sessions Court.

Our consultations are free and most cases are accepted on contingencies.

Sunday, March 3, 2013

SUED BY CAVALRY SPV I, CACH, LLC, MIDLAND FUNDING, ASSET ACCEPTANCE IN TENNESSEE?

Have you been sued by CACH, LLC, Midland Funding, LLC, Cavalry Portfolio Services (Cavalry SPV I), or another debt purchaser in Tennessee? Think there is nothing you can do as a Tennessee consumer to defend yourself? Well, there is something you can do to defend yourself and counter-claim Tennessee debt purchasers.

Under the Tennessee Collection Services Act, debt purchasers such as LVNV Funding, Portfolio Recovery Associates, Calvary Portfolio Services, Asset Acceptance and all others must have a collection license and meet other certain requirements in order to lawfully be able to sue you. Most, if not all, debt purchasers are in violation of the Tennessee Collection Services Act because they do not meet even half of the requirements. Indeed, CACH, LLC, Midland Funding, and many other debt purchasers in Tennessee do not even have licenses.

What does this mean, 1) Tennessee consumer lawyer Jason Barnette can get the case filed against you dismissed; and, 2) in some cases, Tennessee FDCPA and FCRA lawyer Jason Barnette can recoup damages for you against the debt purchaser that has unlawfully sued you.

If you’ve been sued in Tennessee by any of the above, particularly , call us at 615-585-2245 or visit us at Tennessee FDCPA and FCRA Lawyers.

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Saturday, January 26, 2013

Tennessee Foreclosure Defense

Are you facing a ?  Have you been foreclosed upon in Tennessee and are now facing a unlawful detainer suit from the bank?  If so, the at Barnette Law Offices may be able to help you keep your home. 

How do we accomplish this: we use the carrot and the stick.  The carrot is clients that can afford the mortgage and just need a second chance.  Do not call us if you’re foolish enough to believe “free houses” actually exist.  The stick is suing mortgage companies (and Fannie Mae/Freddie Mac) when they have violated the law.  They face money damages if we win.  They may face having to pay our hourly rate of $425.00 for every hour we work on the case.

So we use the positive (“get paid by the clients”) and the negative (“let’s try the case in front of a jury”) and if everybody will act reasonably, then the case can be settled with the foreclosure undone.

Bottom line — it may not be too late before of after a foreclosure for you to be able to avoid the foreclosure or to get rid of the foreclosure. You have to act in the right time, and you have to have the right type of case, but if you do then you certainly have the opportunity to void out the foreclosure so it will be viewed as never having happened.

If you have questions about your options in Tennessee, give us a call at 615-585-2245 or contact us at .