Thursday, April 30, 2009

Consumers Beware: Unfair Debt Collection Practices Abound, Says Attorney Sergei Lemberg

With unemployment rates soaring toward double digits, home values in a nosedive, and propped-up banks withholding credit, consumers are being subjected to unprecedented financial stress - pressure only made worse by debt collection agencies that engage in unfair practices. According to attorney Sergei Lemberg (www.stopcollector.com), an increasing number of collectors are crossing the line and violating the 1977 Fair Debt Collection Practices Act (FDCPA).

Stamford, CT (PRWEB) April 30, 2009 -- With unemployment rates soaring toward double digits, home values in a nosedive, and propped-up banks withholding credit, consumers are being subjected to unprecedented financial stress - pressure only made worse by debt collection agencies that engage in unfair practices. According to attorney Sergei Lemberg (http://www.stopcollector.com), an increasing number of collectors are crossing the line and violating the 1977 Fair Debt Collection Practices Act (FDCPA). "At a time when consumers are most vulnerable, we're seeing a surge in aggressive collection tactics," said Lemberg. "People who not long ago were courted by banks and credit card companies are now being hounded by abusive debt collectors who threaten and harass them."

Lemberg notes that the vast majority of consumers don't know what constitutes illegal behavior, or that they have recourse if they're victimized by unlawful collection practices. "The FDCPA prohibits collectors from utilizing tactics like calling early in the morning or late at night, calling the workplace, and misrepresenting themselves as attorneys or credit bureau representatives," he said. "They can't say that the consumer has committed a crime, try to collect more than is owed, or contact the consumer by postcard."

At a time when consumers are most vulnerable, we're seeing a surge in aggressive collection tactics
These common practices are just the tip of the iceberg, though. Lemberg has clients whose post-dated checks have been deposited early, who have been threatened with harm, who have been told that their paychecks or property would be taken away, and who have be tricked into providing detailed information to debt collectors. "Debt collectors know that they can take advantage of consumers' fear, and target people who are already anxious about providing for their families," Lemberg said. "Honest consumers who engage unscrupulous collectors in an attempt to work out a solution are most often the victims of verbal attacks and threats." Moreover, he notes that people don't realize that, once they engage the services of an attorney, the debt collection calls will stop. "Once represented by an attorney, a debt collector is not allowed to call that person again. That's a huge relief to someone who has been harassed," he said.

This lack of awareness is why Lemberg is on a mission to educate consumers about illegal practices, and to let them know that the FDCPA includes penalties for collectors who break the law. "The federal law allows consumers in successful actions to collect $1,000 in damages plus attorney fees, and some state laws spell out even more severe penalties," he said.

The bottom line? According to Lemberg, "We're living in unprecedented economic turmoil, a time when vulnerable consumers need every protection the law provides. That's why we're committed to helping alleviate fear and anxiety by providing people with the justice they deserve."

About Lemberg & Associates, LLC
The attorneys at Lemberg & Associates, LLC are experts in fair debt collection, and practice in New York, Connecticut, New Jersey, Massachusetts, Pennsylvania, Maryland, California, and Washington, D.C. Sergei Lemberg can brief you about illegal debt collection, avenues of redress, and other protections afforded by the Fair Debt Collection Practices Act.

For more information, contact:
Sergei Lemberg
Lemberg & Associates, LLC
www.StopCollector.com
203.653.2250

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[Via Legal / Law]

Satinder Dhillon Takes the Fight for Equality and Justice to the Supreme Court of Canada

Satinder Dhillon, 31, a self-represented Plaintiff from British Columbia has filed an application to have his case heard by the Supreme Court of Canada. Dhillon cites the pursuit of justice and truth as being his motive to fight on, despite the lower court decision in British Columbia. Dhillon claims the issue at bar is of national importance and that the lower court decision will negatively impact the rights of many Canadians in the future, if it is left to stand.

In a highly irregular breach of fiduciary duty, by an officer of the court, the Burnyeat order was never filed and registered with the Land Title Office

Ottawa, Ontario (PRWEB) April 30, 2009 - On February 9, 2009, an application was submitted by Satinder Dhillon, 31, seeking that the Supreme Court of Canada (Court File No. 33003) overturn a ruling handed down by the lower court in British Columbia.

On December 19, 2007, the Honourable Justice McEwan of the Supreme Court of British Columbia pronounced the disputed decision, which effectively threw out Dhillon's lawsuit despite not having been heard on its 'merits' (order of Justice McEwan - December 19, 2007).

Dhillon had filed his original Writ of Summons in March of 2007 (Court File No. S104801). There were numerous hearings, and while representing himself, Dhillon had received several favourable rulings from the court until Justice McEwan's decision on December 19, 2007.

One of the favorable decisions to Dhillon was pronounced on June 4, 2007, by the Hounourable Justice Burnyeat, a noted foreclosure expert during his career as a lawyer in Vancouver, British Columbia.

After a full day of submissions by opposing counsel and Mr. Dhillon, Justice Burnyeat pronounced an order that essentially prevented the misappropriation of any equitable interest Dhillon potentially had in a property that is at the center of this litigation, which is located in Surrey, British Columbia, and was estimated to be worth $3 million at the time of the ruling in June of 2007.

"In a highly irregular breach of fiduciary duty, by an officer of the court, the Burnyeat order was never filed and registered with the Land Title Office".

"I currently am awaiting a ruling on a special motion that has been filed with the Supreme Court of Canada, to deal specifically with this breach" said Dhillon.

One week later, on June 11, 2007, the Hounourable Justice Groves granted Dhillon the ability to pursue his claim and adjourned an application brought on by some of the Defendants to have the claim dismissed prematurely.

In a 10-page decision, Justice Groves noted "that the matter appears to be complex ......but Dhillon represents himself, and he appears articulate and is in Court with a large number of banker's boxes".

Dhillon stated that, "the case was moving along just fine and according to schedule in the summer of 2007".

"I was looking forward to finally getting my day in court, but then inexplicably in November and December of 2007, things just fell off the rails. Dates for examination had been set, and documents had been exchanged".

"I have spoken to many legal professionals across Canada, and they are stunned at what has occurred here in British Columbia".

"In October of 2007, I assisted a friend of mine who was representing himself in a separate case (Court File No. 193466VA99) that was presided over by the Chief Justice of British Columbia - the Honourable Donald Brenner. After those days in court in October of 2007, my fortunes before the British Columbia Judiciary seemed to have turned overnight" (for more information about this case please visit www.justiceandtruthforall.com).

"I am very fortunate to have had the assistance of my family and friends along the way, and to have found great legal help from practitioners across Canada".

"My present counsel from Ottawa, firmly believe that a grave injustice was suffered".

"Self-represented litigants, or as they are commonly referred to in the judicial system - lay litigants - could potentially be adversely affected by these decisions in the years to come, if this ruling is not overturned".

"Essentially the ruling means that the average person can be held to a higher test than a lawyer".

"I believe that throwing the truth by the wayside sends the wrong message to Canadians, especially in this era of self-represented litigants already being so marginalized".

"A nation is only as strong as its laws, and enforcement of same. Justice must be accessible to its citizens, and no legal professional should be able to rely upon such narrow technicalities to circumvent the due process afforded to Plaintiffs in Canada, as was done in my case".

The Supreme Court Act states that 'an application for leave may be granted when the Supreme Court finds that the case raises an issue of public importance, and is therefore a case that ought to be decided by the Supreme Court. This means that the case must raise an issue that goes beyond the immediate interest of the parties to the case'.

"I believe that my case fits the mandate, as prescribed by the Supreme Court Act, and it would give the Court a chance to fulfill their mission in serving Canadians, as 'accessibility to justice' is listed as a very important part of that mission".

"Last year the Chief Justice of the Supreme Court of Canada - The Right Honourable Beverly McLaughlin-- stated in a speech that 'the most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. Access to justice is therefore critical' ".

"She further went on to say, in that same speech that 'recently the Chief Justice of Ontario stated that access to justice is the most important issue facing the legal system' ".

"Over the course of the past 9 plus years we have with the greatest of care, and meticulously accumulated irrefutable evidence as to what really transpired. To have it never see the light of day due to procedural chicanery, and a misguided and heavy handed ruling pronounced by a member of the B.C. Judiciary, would be a much greater travesty, when viewed in a national context".

"This decision, if left to stand, will negatively impact self-represented Plaintiffs, and put them at a severe disadvantage in Canada for the years to come" added Dhillon.

"Recently I attended the Access to Justice town hall meeting that took place in Vancouver, B.C.(www.accesstojustice.ca)"

"I was shocked to learn how just how badly the system in B.C. had been gutted by the cuts to legal aid funding in the past 9 years. There seems to be a disturbing trend in British Columbia, as far as the average citizen being able to access justice is concerned".

"Even the United Nations has weighed in on the issue and expressed its dismay".

"Currently I am working with some individuals who also notice this trend, and a full length documentary is in the works" added Dhillon.

A letter written by Mr. Dhillon to opposing counsel is attached.

For the complete article please visit:

www.andjusticeforall.ca

For more information about Dhillon versus RE/MAX et al
(Action No. S104801 New Westminster Registry) please visit:

http://www.prweb.com/releases/satinder/dhillon/prweb538346.htm
(July/ 2007)

For more information about Case No. 193466VA99 please visit:

www.justiceandtruthforall.com

Media Contact:
Charlene Lee
310-254-0972

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[Via Legal / Law]

Legal Search Solutions Joins Forces With McCoy Elite Personnel

Legal Search Solutions, a leading South Florida legal search and placement firm, today announced a strategic partnership with Pat McCoy, Founder of McCoy Elite Personnel, Inc. Pat McCoy has been working in the legal community in South Florida since 1973 and established McCoy Elite Personnel, Inc. in 1982. Under the agreement, the two companies will integrate their expertise, services and clientele.

Miami, FL (PRWEB) April 30, 2009 -- Legal Search Solutions, a leading South Florida legal search and placement firm, today announced a strategic partnership with Pat McCoy, Founder of McCoy Elite Personnel, Inc. Pat McCoy has been working in the legal community in South Florida since 1973 and established McCoy Elite Personnel, Inc. in 1982. Under the agreement, the two companies will integrate their expertise, services and clientele.

Established in 1997 and one of Florida's most successful legal search and placement agencies, Legal Search Solutions has built a strong reputation for effectively matching the attributes and strengths of candidates with the specific requirements of its clients. The company employs attorneys and seasoned legal experts with broad experience in both corporate and private law practice, and provides both contract and direct hire placement solutions drawn from a database of professionals encompassing every facet of the law.

"Legal Search Solutions and McCoy Elite Personnel are merging to leverage our resources and to create a best-practices scenario for our business," said Bill Karp, Co-Founder and Principal of Legal Search Solutions. "Working together, we can exponentially increase our pool of clients and candidates while offering a greater presence in South Florida."

"We're excited to have Pat McCoy on our executive staff: Pat has been a pillar in the legal community in South Florida, and will continue to play an active role in the company," Mr. Karp added.

About Legal Search Solutions
Legal Search Solutions, Inc., formerly known as Legal Staffing Services, began providing legal placements to the South Florida legal community in 1997. Expertise, responsiveness, and innovation are the hallmarks of the company. Recognized as an industry leader in legal search and placement, Legal Search Solutions is known for the quality of its consultants as well as long-standing relationships with clients. Today, Legal Search Solutions continues its tradition of excellence by matching the most qualified individuals with appropriate career opportunities for the ongoing success of both clients and candidates. For more information, please visit: http://www.floridalegalsearch.com .

Contacts:
Pat McCoy
P: 305-375-0804
Pat(at)floridalegalsearch.com

Bill Karp
P: 561.414.4100
bill(at)floridalegalsearch.com

For Press
Lauren Karp
P: 415.533.4000
lauren_karp(at)yahoo.com

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[Via Legal / Law]