2 Feb

litigation and damages for lenders bad acts

In McCollough v. Johnson, Rodenburg & Lauinger, LLC., No. 09-35767 (9th Cir. Mar. 4, 2011), plaintiff opened a credit card account around 1990 with Chemical Bank, which later merged with Chase. Plaintiff’s account became delinquent and in 2000, Chase Manhattan charged off the $3,000 account balance and later sold the account to CACV of Colorado, Ltd. CACV filed a collection action in state court in 2005. Two weeks later, CACV dismissed the case after plaintiff pointed out that the statute of limitations had lapsed. In 2006 CACV ‘s parent company retained Johnson, Rodenburg & Lauinger (“JRL”), a debt collection law firm, to pursue collection of plaintiff’s debt.

JRL noticed a statute of limitations problem with plaintiff’s account and inquired to CACV, who responded that plaintiff had made a partial payment in 2004, which would extend the statute of limitations to 2009. This information was incorrect: the payment in 2004 was…

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2 Responses to “”

  1. fliplover5 February 2, 2013 at 11:29 pm #

    I know it is late in the game, but I’m trying to get my house back. It was sold to a third party at auction on Oct. 19, 2012. I still occupy it, for a few more days. I have lost my UD summary judgement, as well as my BK automatic stay. I’m out of money, have 12 family members living with me. Original lender was Country, then B of A. I have a paralegal helping me, the AG’s office says they are tring to get BofA to rescind the sale. I’m in the So. District. Have been trying for a loan mod for 4 years, BofA guy had a tizzie one day, and let my house go to auction after 10 months of direct negotiations. Judge called my securitization audit “hog wash”, audit shows fraud and a preditory sale. I’m going with a TRO and an appeal to try and slow this down to see if AG can come thru. Any ideas? My name is Smitty, thanks for your time. 714.240.2824 cell

  2. wheresmyson February 9, 2013 at 1:47 pm #

    i had b of a credit card that someone ordered make up on my computer only when it came around 2006 i called company he said that he sent another one out what i returned that 1st on and it was days called bank even went in they were to fix this for me only i was broken ankle back wrist 2007 thought that everything was fixed did not receive any thing then as i am homeless due to wrongfully foreclosed 3/29/2011 well guess it was entered in court 2009 honestly i did not know what who it was for until i found org envelope with b of a charge card makeup i did not order and returned also called company and bank all this money is interest charge.. plus he called and is taking $30 out of my ssi monthly but he also said that it will be a $8.50 fee for western union.. how can they do this i dont have easy access to my past charge cards and to me this is bull every one just started taking cash out of my bank and they cant even say what company put me in collections for what!! makes me mad my life is such a mess im lost put out to pasture and have proof just no money to pay for legual help america i dont know i dont

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