The Great Donkey does it again!

He hollers about FDCPA being a strict liability statute. And he tries to lead the unsuspecting debtor down a primrose path believeing that all one has to do is file a lawsuit and both he and his attorney will collect just because they get a judgment against a debt collector. That is not necessarily true but rather only if the debt collector decides to pay up voluntarily which he may or may not choose to do. A judgment is nothing more than an order of the court saying that the defendant owes money to the plaintiff. It does nothing at all to enforce collection. That may very well require even more litigation. If the defendant does not pay up on the judgment then the plaintiff must file an action in garnishment, get the garnishment then call the defendant into court yet once again and demand that he reveal the whereabouts of his assets. If the defendant ignores that too they can be held in contempt of court and jailed. But how does one jail a corporation? Can't be done. Jails are for individuals, not corporations. Does anyone really believe that a Delaware or Nevada corporation (for instance) can be jailed in say California or New York or in Nebraska or anywhere else for that matter? Dream on if you believe that they can. If the defendant refuses to pay, what is the individual plaintiff going to do about it? The Donkey has the right answer to that too............ Bray on. Cry a lot.

Can the attorney get paid? Yes, he can get reasonable attorney fees, but what are reasonable attorney fees? Usually not more than maybe 30 to 40 percent of the award he gets for his client. So the client gets $1,000 and the attorney would get $400 max and probably more like $300. How many attorneys do you know that are willing to do all the research, prepare the case and go to court and argue the case for $300 or so? ROFLMAO.

Now then, even if huge actual damages can be proven, let us see what the maximum damages might be according to FDCPA. They are a maximum of $500,000 or 1 percent of the net worth of the company. Even given that huge amount what does it amount to in practical terms?

A huge company like NCO might end up paying as much as a few million, but they are said to be making at least $80 to $100 million a year. And of course that is not all profit by any stretch of the imagination. One percent of $100 million would be 1 million. What is a million to a company making $100 million? Nothing. A slap on the wrist and nothing more. The way these companies look at it is that if they get hit for a million or so and make $5 or $10 million using the illegal practice they will do it. They could care less.

Look at a small "mom" and "pop" operation. Might be worth $50,000 so what is 1% going to amount to? $500.00!!!!!!! Big deal.

Look at my blog post for Feb 8th and you will see about a group of lawyers wanting to sue NCO.
But are they going to sue them for violation of FDCPA? Of course not. Attorney Steven Wickman and his associates are going after NCO for violation of another law entirely. Steven Wickman doesn't want the details of his case put out at this time for obvious reasons but he briefly outlined the whole case to me in a phone conversation on Monday. He is going after them on an entirely different cause for the simple reason that FDCPA is, in reality a toothless tiger which could not possibly harm a corporation so huge as NCO. The cause which is being pursued has the potential to put NCO out of business once and for all. And they are not pursuing the case from the standpoint of one single violation but rather as a class action type of case involving a very large number of complaintants scattered all over the U.S.

Folks, it makes absolutely no diffence at all whether the Donkey is right or wrong he attempts to lead you down a primrose path into a morass of legal problems which you might or might not win and even if you do win might or might not collect anything at all.

Therefore any and all of his supposed information is not only useless but it is misleading and of no practical value whatever if used in the way he suggests.

Now then, let's ignore the brayings and get down to the brass tacks, the practical side of using FDCPA against debt collectors. There is a way to do it and win, and as usual, Creditwrench teaches how to do that in a way that is totally different and totally devastating to the debt collector. As usual, Creditwrench leads the way, not some braying jackass.

How do we use FDCPA against debt collectors? Well, if I put that out in public it would not be long at all before debt collection attorneys would figure out a way to defeat us and so that information shall remain private information available only to those who have a proven need to have it.

Jackasses like Uncle Normie bray about all they know, however little that may be and soon everybody knows all about it and it is totally and completely useless to anybody.

After all, just like we spend huge amounts of time coming up with new strategies and new ways to deal with problems so do debt collectors and their attorneys. If anybody thinks for one minute that they don't do as much or more research as we do then they need to stand up along side of Uncle Normie and start braying too.

Uncle Normie can come up with all the bullshit legal theories he wants but they all come to naught when put to the test of practical application. Nothing but bullshit and of no practical value whatever.

Uncle Normie also don't tell you that most if not all collection agencies and attorneys have what is known as Omissions and errors insurance or other types of insurance which covers them in the event that they are sued by anyone. That means that if they lose, they actually lose nothing at all, their insurance company is the one that will pay the claim and you might even end up arguing your case against the insurance company attorneys and not the debt collector or an attorney he has to hire out of his own pocket. We all know what it is like trying to fight with insurance companies and their attorneys. LOL