I am outraged on several fronts related to "bad debt buyers" particularly a company/partnership/association named Palisades Collection LLC, and by extension, Wolpoff & Abramson, ( now called Mann-Bracken) Bowman, Heintz, Bocia & Vician, and their other associated law firms. These people overtly violate and refuse to comply with federal laws regulating their chosen business, especially 15 USC 1692, the Fair Debt Collection Practices act (FDCPA) which was enacted by Congress in 1978 in an effort to protect citizen consumers from certain abuses by bill collectors. Palisades and their lawyers (particularly Glenn Vician & his firm among others) continually violate this law in their efforts to "extort" or otherwise collect dollars from [unsophisticated] citizen consumers. Such practice is bad enough, but more outrageous is the FACT that Indiana judges and courts not only allow but also support such illegal activities! Other states, e.g. Illinois, New Jersey, etc.[1], often enforce the FDCPA and protect their citizens from overt abuses, but Indiana judges more often refuse to allow its citizens FDCPA protections and refuse to order compliance but instead order protection from FDCPA liability for their "brethren of the bar" when the FDCPA is violated [2]!
Jefferson County Indiana Superior Court Judge (retired) Fred Hoying not only failed and refused to hold the lawyers responsible for compliance with the FDCPA, but also refused to allow any FDPA claim against these lawyers in his court; when notified that such ruling was going to be appealed, the judge and court clerk refused to perform their statutory duties to allow an appeal (in violation of state laws) and demonstrated apparent prejudice and bias in favor of these lawyers. [2]. The Indiana Appeals Court chief judge Booker failed and refused to address the matter on technical procedural grounds, the facts of the case notwithstanding, and Indiana Supreme Court Judge Shepard likewise refused to recognize and enforce the federal law by deciding NOT to address the matter upon technical procedural grounds also [3]. Next, the U.S. District Court, Southern District of Indiana was asked to step in and provide the federal protections spelled out in the FDCPA, but Chief Judge David Hamilton ruled that Indiana Citizens are NOT entitled to the protections of federal laws by dismissing the filed case and refusing to acknowledge two civil/constitutional rights complaints resulting from the state court cases, based primarily upon perjerous affidavits submitted by the lawyers. When irrefutable documentation evidence was presented proving perjury and Judge Hamilton was asked to sanction such perjury by the lawyers, his ordered reply was that such perjury was, "...quite customary..." in his court "...and does not support ..." sanction for such criminal actions. It is different in other federal courts where unsophisticated consumers are protected from such behavior by bill collectors [4].
As it currently stands, Judge Hoying retired and left the bench (but is drawing a substantial retirement pension from Indiana tax payers) while judges Booker, Shepard, and Hamilton are still sitting in judgment of their respective court. Of course, the major question precipitated by these judges' decisions to NOT recognize nor enforce the federal statutes in Indiana is, "Are these the people we should allow to hold the position of judge?" It is outrageous that people who refuse to comply with statute law should hold such positions of responsibility, especially when the job requires interpretation and application of statute. It is outrageous that Indiana citizens are NOT afforded protection of federal law by the courts and judges of Indiana. If not afforded the rights, benefits and protections of law, should they be encumbered by the burdens, requirements and responsibilities of the same laws? (If the good stuff doesn't apply, then the onerous stuff shouldn't either!) It is VERY outrageous that Indiana Courts allow their fellow lawyers to obtain a judgment on an alleged debt which was settled, paid, and satisfied with the alleged assignor years ago [see e.g. credit reports, filed affidavits, deposition, answers to interrogatories by Glenn Vician, etc, ] when such errors could easily be avoided simply by requiring compliance with the FDCPA as written, by people attempting to collect a debt in Indiana. Bill collectors should all want to do business in Indiana where the courts and judges give them full advantages!
Federal representatives Congressman Hill, and Senators Bayh and Lugar have been notified of this situation and were requested to provide assistance. Only Senator Lugar responded providing information where to file complaints (thank you Senator!) The Federal Trade Commission, U.S. Attorney Office, FBI, and ACLU have all been notified but are unable or unwilling to help. Thus the question arises, "Who will enforce the protections of the FDCPA?" Right now, the answer seems to be, "No one!" Hopefully President OBama will fill federal positions with people who recognize and enforce federal laws by his future appointments and, if at all possible, rectify the ill-filled offices currently occupied by people who DO NOT recognize nor enforce compliance with federal statute. Meanwhile, Indiana citizen consumers, ipso facto, must be burdened with having judgments against them for debts they have already paid and settled, and risk having their wages garnisheed and their credit ruined and their lives forced into turmoil, simply, it appears, for being a non-attorney hoosier. OUTRAGEOUS!
The complaint has been investigated and resolved to the customer’s satisfaction.
Pallisades, going through lawyers Pressler & Pressler, claimed to have filed a judgement against me for an old phone bill with Verizon. The sent the notice to the address I lived at 7 years ago in another state. I never received it since I don't live there anymore. So how am I supposed to get a notice? Then they go to my Commerce account and clean it out and Commerce allowed them. Said they could keep coming and Commerce charged me $125 to allow them. I thought you were supposed to be sent certified notices for judgments. Is this legal? And Commerce said they could take all of my direct deposited wages. I'm a single mom and I work for another bank, which doesn't pay a lot. I have other bills I'm paying out the wazoo and with the increased gas prices and food prices I can't afford to not have an income. I tried to make an arrangement and they wanted no less than $200 a month. I already pay $300 in health insurance premiums alone, a grand for rent and all my other expenses. I can’t afford that. So they refused to accept $75. So now what do I do? Incidentally, I have a BOA account and was charged an NSF fee of 35.00 for a 0.93cent overdraft. They're all about making the money at the poor person's expense. I can see them allowing this too. I don't trust the banks anymore. They are working against the consumer yet stealing right under our noses. I had my Commerce account for 12 years, no real complaints. My realtionship with them is over.