Wednesday, January 23, 2013

HAVE YOU BEEN SUED BY A DEBT COLLECTOR IN TENNESSEE?

 

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Debt collectors use the General Sessions Courts of Tennessee as a hunting ground to illegally obtain money from Tennessee consumers. This is because there are very few law firms such as Barnette Law Offices, LLC in Tennessee which will fight for consumers in Tennessee Courts.

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Jason Barnette and his Tennessee Consumer Protection team at Barnette Law Offices, LLC know the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and most importantly, the Tennessee Consumer Protection Act inside and out. Tennessee Consumer Protection Attorney Jason Barnette will utilize the aforesaid Acts to fight for you against debt collectors and purchasers.

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Contrary to popular belief, debt collectors and debt purchasers must prove what they allege in their Warrants in Debt. At Barnette Law Offices, LLC we attack the Affidavits debt collectors and debt purchasers try to put on as proof. They are hearsay. Moreover, we assert counter-claims on our clients behalf for violations of the FCRA, FDCPA, and TCPA. This is because debt collectors and debt purchasers always report inaccuracies on consumer credit reports, fail to properly validate debts and take misleading and deceptive acts in an effort to collect monies not justly owed to them.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc. We can help you defeat the suit and often times, put cash in your pocket at the same time.

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Saturday, January 12, 2013

Tennessee FDCPA Lawyers

Has a debt collector or debt purchaser contacted or sued you?  Are you a consumer in Tennessee and need to stop unlawful debt collection action taken against you?  If so, contact Tennessee Consumer Protection lawyer Jason Barnette at Barnette Law Offices to stand up for your rights.

Did you know that in Tennessee, the Fair Debt Collection Practices Act imposes a standard of conduct that debt collectors and debt purchasers such as CACH, LLC, Asset Acceptance, LLC, Midland Funding, LLC, Portfolio Recovery Associates, LLC, LVNV Funding, and many more are supposed to abide by, but often do not.  Generally, neither debt collectors  or debt purchasers  can engage in harassing, abusive or unfair practices, nor make false or misleading statements; which includes inaccurate reporting on your credit reports.  The FDCPA provides that Tennessee consumers can recover actual damages incurred by a violation of the Act, plus an additional amount up to $1,000, plus attorney fees.

Contact the Tennessee FDCPA lawyers at 615-585-2245 or info@barnettelawoffices.com

 

Friday, January 11, 2013

Tennessee FCRA Lawyer

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Are you a Tennessee resident that has been denied for credit?  Do you know what is on your credit reports?  If so, are there inaccuracies?  Are these inaccuracies preventing you from getting the credit you need

If you live in Tennessee and inaccuracies on your credit reports contact usBarnette Law Offices in Nashville has helped many Tennessee consumers correct their credit reports and obtain compensation for damages they’ve incurred from the errors that had to first be corrected.  The end result could be that you have the errors corrected that you need corrected or deleted, you obtain the financing you would have absent the errors, and that you are compensated for any damages suffered.

Any Tennessee consumer has the right under the Fair Credit Reporting Act to dispute any information which is inaccurate and/or incomplete.  If such information is verified as being accurate and/or complete, the furnisher of information; i.e., a debt collector, debt purchaser, creditor directly, etc., can be held liable under the Fair Credit Reporting Act in Tennessee

If you are a Tennessee consumer with credit reporting problems first dispute the problems through the major three credit reporting agencies which are Equifax, Experian, and Trans Union.  If the item is verified and is still inaccurate, contact Tennessee FCRA Lawyer Jason Barnette at 615-585-2245 or info@barnettelawoffices.com

Friday, January 4, 2013

Sued by CACH, LLC, Midland Funding, LLC, Asset Acceptance, or a Debt Purchaser in Tennessee?

Have you been sued by CACH, LLC, Midland Funding, Asset Acceptance, 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 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, call us at 615-585-2245 or visit us at Tennessee FDCPA and FCRA Lawyers.

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Wednesday, December 26, 2012

DEBT COLLECTORS CALLING YOUR CELL PHONE–CALL BARNETTE LAW OFFICES TODAY!

Are debt collectors and/or debt purchasers calling you on your cell phone?  Did you ever give them permission to do so?  Do you live in Tennessee?

If the answers to the above three questions are yes, then call Jason Barnette at the Tennessee debt collection protection firm of Barnette Law Offices.  Did you know that it is unlawful for a debt purchaser or debt collector to call you on your cell phone -  or residential line - without your consent under the Telephone Communication Protection Act.  Each time they do, it can be worth $500.00 to $1,500.00 pursuant to the Telephone Communications Practices Act.

Call us at Barnette Law Offices to make them stop and – potentially – make them pay for your damages at 615-585-2245, info@barnettelawoffices.com or at http://www.barnettelawoffices.com.

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Saturday, December 22, 2012

Sued by a Debt Purchaser in Tennessee?

Barnette Law Offices is accepting new clientele which have been sued by Debt Purchasers – or in some cases originally creditors – throughout the General Sessions, Circuit, and Chancery Courts of Tennessee.  We offer aggressive defense against such claims and where applicable, assert counter-claims under the FDCPA and FCRA.

Call us at 615-585-2245 or contact Tennessee Consumer Protection Lawyer Jason Barnette at info@barnettelawoffices.com

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Friday, July 13, 2012

LVNV Funding–Tennessee Court of Appeals

In a recent case of LVNV Funding, LLC v. Kevin Mastaw, the Tennessee Court of Appeals at Nashville struck a blow to all debt purchasers that sue Tennessee consumers.  No. M2011-00990-COA-R3-CV - Filed April 30, 2012.  The Court got it right and affirmed our position that – essentially – robo-signed Affidavits on sworn accounts are indeed hearsay inasmuch as they are not “business records”.  The ruling can be reviewed at http://www.tncourts.gov/sites/default/files/lvnvfunding_opn.pdf

When defending , we always object to any debt purchaser’s attempt to introduce Affidavits that are once removed or even twice removed from the personal knowledge of the witness.  While, “typically” gets most cases dismissed before hearing, he has made the argument time and time again that Affidavits submitted by debt purchasers are prepared for litigation and are therefore, not subject to the business record exception to hearsay.  Our Court of Appeals confirmed that.

What does that mean for you if you’ve been sued ?  It means that in order to win, a debt purchaser must now authenticate any document they intend to use to prove up the debt through witness testimony and said witness better of personal knowledge as to the contents of the documents.

If you’ve been sued by a debt purchaser or have one hounding you through a law firm, contact at Barnette Law Offices.  We can be reached at 615-585-2245 and .