SJ Mills
CAIPNJ.ORG
7/11/08 **REPOST**
In the recent CAIPNJ Article HERE, we showed you how the Middlesex County (UN)Civil Court have been handing out Judgments against New Jersey Consumers to companies who are in violation of N.J.S.A. 45:18-1. This disgusting practice is STILL going on; as you can see in the document HERE from the Middlesex, New Jersey (UN)Civil Court from July 7, 2008.
The Unbonded Debt Collection Companies of Midland Funding LLC, RJM Acquisitions, Laridian Consulting and Pressler & Pressler LLP, with their Co-Conspirator (and son of Stephen "Mummy" Mccabe) Brian McCabe, all had hearings in front of the Middlesex, New Jersey (UN)Civil Court; although they are not licensed to do so; and are performing Criminal Acts against the peace and dignity of the State of New Jersey and it's Citizens by doing so!
N.J.S.A. 45:18-1 states that;
"Anyone who is operating a collection agency or is in the business of collecting or receiving payment for others of any account, bill, or other indebtedness must annually file a Collection Agency Bond Application. The application will attest that a $5,000 bond has been filed with the State of New Jersey as required by statute."
Attorney/Law Firm Liability
The Fair Debt Collection Practices Act SPECIFICALLY mentions that attorneys or any third parties ARE considered a Debt Collector pursuant to;
§ 803. Definitions
(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.
There are a few cases as well in where these Attorneys, acting as Debt Collectors ARE IN FACT deemed to fall under the rules and penalties of the FDCPA, and therefore MUST adhere to the Statutes set forth in the New Jersey Collection Agency Statute of N.J.S.A. 45-18.
The CAIPNJ Articles HERE and HERE, which explain recent Ninth Circuit decisions affirming this fact are PROOF POSITIVE that these so called, "Attorneys" who, in the course of normal business are acting as "Debt Collectors", (which you can see this verification on the bottom of the document HERE from the Parsippany, New Jersey Collection Agency/Law Firm of Pressler & Pressler) do fall under the N.J.S.A. 45-18 Statute; there is no argument.
So one might think that these
NJSBA Criminal Collectors/Attorneys, who supposedly follow the "Rule of Law" and run rampant like thieves in a Bank through our Court System, would want to know that while Practicing Law in the State of New Jersey, you are NOT protected by the
Limited Liability Company(LLC) Act, and are personally liable; pursuant to R 1:21-1B(2) which states that
"Any attorney who is a member, employee, agent, or representative of the limited liability company shall remain personally liable for his or her own negligence, omissions, malpractice, wrongful acts, or misconduct, and that of any person under his or her direct supervision and control while rendering professional services on behalf of the limited liability company".And for those of you Attorney/Collection Agencies who are one in the same, and are practicing under the Limited Liability Partnership, (LLP) (like Pressler & Pressler and numerous others) your fate will/could be much worse as pursuant to
R 1:21-1C(2) "
an attorney practicing in this State who is a member, employee, agent, or representative of such a limited liability partnership shall not be shielded from personal liability for his or her own negligence, omissions, malpractice, wrongful acts, or misconduct, and that of any person under his or her direct supervision and control while rendering professional services on behalf of the limited liability partnership." and continues that "
Any violation of this rule by the limited liability partnership shall be grounds for the Supreme Court to terminate or suspend the limited liability partnership's right to practice law or otherwise to discipline it."
State of New Jersey LiabilitySo what about the State of New Jersey you ask? How are they liable? Well, when the (UN)Civil Court is handing out
Rubberstamped Judgments and giving these Criminal Collection Agencies and Attorneys
"carte blanche" to
raid bank accounts of Consumers, it is simple and blatantly obvious that when the New Jersey Supreme Court
REAFFIRMS that "
citizens have a reasonable expectation of privacy, just as New Jersey citizens have a privacy interest in their bank records stored by banks, and telephone billing records kept by phone companies", and "
the New Jersey Constitution (Article 1, Paragraph 7) provides Bank Account Holders a reasonable expectation of privacy in their Bank Records" (which have) "
become an indispensable part of modern commerce. Like long distance billing records, bank records reveal a great deal about the personal affairs, opinions, habits, and associations of depositors." there are SERIOUS Constitutional Issue here.
A Class Action Lawsuit charging Constitutional & Civil Rights Violations against the State of New Jersey would severely cripple the Economic impedance and virility; and would put New Jersey in to bankruptcy beyond the point of anybodys wildest dreams; all because Anne Milgram, Christopher Christie and/or Governor Corzine choose to be silent on this issue, and it should be publicly noted that I will be the first name on that list if afforded the opportunity in a Class Action Lawsuit against this State for potential violations that I have been subject to concerning my own current
Civil Matter with Pressler & Pressler; if instituted.
Frivolous LitigationPursuant to the
Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1,
"A complaint, counterclaim, cross-claim, or defense is deemed frivolous if it was "commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury." Whether you know it or not, it the duty of your Organization to ensure that the proper licensing is in place when you file a Claim against a New Jersey Consumer; and the Court should ensure as well that the entity presenting a case before them has the "Legal Standing" to present that case to the Court, this is BASIC FUNDEMENTALS OF LITIGATION that are practiced it seems in every other State; except for New Jersey.
You see, as the Debt Collector scourge have been punched in the head recently (
HERE,
HERE and
HERE) by numerous levels of the Judicial System ABOVE THE (UN)Civil Court, we can only hope that the State of New Jersey and the Courts will turn their back on these Pariah, as these Criminals will most certainly "pass the buck" on to the State when/if Lawsuits start flying!
Educate Yourself
HERE!