Exploring the Debt Collection Industry

August 7, 2006

The Debt Collection Industry in America has Changed

Filed under: Debt Collection Industry — budhibbs @ 4:30 pm

The debt collection industry in America has taken a turn for the worse. Gone are the days when consumers and collectors could talk and work out reasonable settlements, based on professionalism and accepted business practices. Today’s debt collector is viewed as an uneducated, job hopping, drug induced moron who is under incredible pressure to hit a quota or face job loss. Owners are flush with large hordes of cash, so paying off lawsuits has become just another cost of doing business. Washington, DC and your state capital is not concerned about this problem and the FTC and your state attorney’s general are too over-whelmd to make a dent in the problem.

I receive more than 400 emails every day from consumers complaining about the illegal tactics used by debt collectors to fleece them out of their money. You file is now a ‘case number’, everyone is a ‘legal assistant’ or you’ve reached the ‘pre-litigation department’ which is nothing more than a call center where everyone is strung out on something, from an abundance of caffeine, uppers, downers, coke and smoke. Most blame the pressure of the industry as it has exploded in the past three years to numbers that were once unimaginable. This has caused the debt buying segment to expand to a billion dollar industry and accounts that are ten and fifteen years old, to be back on the front burner, with a renewed vigor by the over-zealous debt collector to seperate you from your cash.

To add to the pressures on both sides, the bottom feeders, those who buy old accounts are taking extreme measures to collect at the expense of violating laws and in many cases, committing crimes. These violations from organizations such as Unifund, Asset Acceptance, Midland Credit,  Account Management Services, Collect America, NCO,Shekinah,and anyone with a Buffalo, NY address threatening legal actions, posing as law enforcement and attorneys, manufacturing bogus documentation to validate their court filings, purchasing money orders to show phony payments on accounts, contacting third parties, violating everything the Fair Debt Collection Practices Act (FDCPA) states they should not legally be allowed to do.

The time has come to make changes and give consumers weapons to fight back these parasites of the American economy. I read recently where notorious bottom feeder Unifund, of Cincinnati, OH was at a debt buyers conference and their booth sign read: “FUTURE HOME LIENS FOR SALE!” Unifund president David G. Rosenberg has made millions living off the misery of others, with his despicable collection practices and innovated a lot of the bogus court filings that are now common. The good news is there are new ways you can employ to counter the moves of these parasites for both now and in the future that will make their jobs harder, more costly and bring a wrath of new legal problems upon them.

Having more than twenty years experience in this business, talked to millions of consumers dispensing advice, a few books, lots of radio and television and an upcoming movie on my resume, I feel it is now time to share this knowledge on a scale that will arm the average consumer with information and resources to considerably up the ante for the debt collector. I’m looking for your input, your feedback on proven methods that will change how debt collectors operate. This blog will be a place to get assistance on dealing with the debt collectors on a scale that slows them down, holds them accountable, gives you power you never knew you had and ways to bring their collections to a crawl.

We will also ask for those working in the industry to share their thoughts, secrets, business practices and give us an insight to what’s wrong with the collection industry in America.

101 Comments

  1. “In 2003 those deterrents, along with fees for cash advances, exceeded the after-tax profits of the entire credit-card industry just two years earlier. Card issuers have been experiencing record profits since 2000 and saw them top $30 billion in 2004″.

    CCCs are doing just fine despite those ignorant uneducated deadbeats…..

    http://www.wsj.consumerreports.org/wsjreport138.html

    Comment by Becca — October 11, 2006 @ 8:05 am

  2. Here’s an update on the Lenahan story: http://www.buffalonews.com/editorial/20061015/1004586.asp

    Comment by impishredhead — October 15, 2006 @ 11:35 am

  3. I think that the term “let the buyer beware” extends to those who “buy” bad debts.
    ‘nuf said.

    Comment by ernest — November 5, 2006 @ 2:21 pm

  4. I’ve got one for you, even though it’s probably not new. Capitol one is now turning us into collections on the first late payment, and guess what the collections is? Right–it’s NCO. The letter I got back from them is priceless, stating that they use their own “financial solutions department.” Furthermore, they put another account number at the top of the letter, not the one I referred to when I wrote the original letter, asking them why the colections in the first place. I asked them point blank if NCO was a subsidiary of Cap One and they won’t answer, but they do say “our Financial Solutions Dept.” I’ve written the state’s Attorney General of all states involved. I’d like to post the actual letters. Do you want them?

    Comment by Marcie Zinn — November 6, 2006 @ 3:51 pm

  5. Found a message from Asset Acceptance on my answering machine today. They were looking for some man named Brian S., and stated in the message that, just by continuing to listen to the message, I was acknowledging that I was Brian S… Thought about it for a while, called them still irate to ask why they hadn’t bothered to verify the number before they left such a message, and got hung up on. Sent complaint emails to the Iowa AG, the Michigan AG, and the FTC, then continued reading the entries that had come up from an Internet search on “Asset Acceptance”. Found this blog.

    Had a similar problem several years ago with a phone number that I had in Texas that must have previously belonged to someone else. Would get the collection calls for that person stopped, only to have them start up again in 2-3 months. Got tired of it. Am trying to nip this in the bud this time.

    Do not know this Brian S. Is Asset Acceptance the kind of sleazeball company that will try to act as if I do? If so, any advice beyond what I’ve already done?

    Comment by Linda Myatt — November 6, 2006 @ 9:54 pm

  6. Linda, you did well in filing the complaints with the AG’s and the FTC. If the message stated that they are debt collectors and/or they’re calling to collect a debt from Brian S., then it would seem that 3rd party disclosure has occurred in violation of the FDCPA. Note: the FDCPA governs the actions of DEBT COLLECTORS, not those of innocent bystanders like YOU, so don’t let them try to scare you into thinking that YOU may have broken some law by listening to what they left on YOUR ANSWERING MACHINE.

    That line about you acknowledging that you’re Brian S by continuing to listen to the message they left on YOUR ANSWERING MACHINE is complete and utter crap. They have a responsibility to ensure that they do not reveal information about a debtor/debt to a 3rd party. They’re evading their responsibility and attempting to place it on YOU instead.

    If this were to happen to me, first of all I would save that message and any others they may leave for evidence. And keep a little log file of the time and date of each call, with notes as appropriate. EVIDENCE. ;-)

    Next I’d send Asset a letter so they have it IN WRITING that they’re calling the wrong number, they’re to permanently remove it from their records and they are to CEASE AND DESIST with all calls immediately. Send the letter via Certified Mail with the Return Receipt requested (green card that you get back with their signature/stamp to prove they received the letter).

    Then I would go looking for Brian S, and if I could find him I’d inform him of the 3rd party disclosure and suggest that he sue these idiots. Some day somebody is going to do this. I sure would.

    If the calls keep coming, I’d keep saving the messages and then after 5 or so I’d look for a lawyer myself. It would be incredibly STUPID for them to keep calling you after you’ve informed them that you’re not the party they’re trying to reach, but then again I’ve seen some of these “companies” do some incredibly STUPID things so I wouldn’t be surprised.

    In any case, see attorney Daniel Edelman’s commentary on the FDCPA – http://www.edcombs.com/CM/News/Fair%20Debt.pdf – page 9: WHO IS ENTITLED TO SUE. He explains it very well. And here’s a direct link to the FDCPA as well: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

    Comment by impishredhead — November 6, 2006 @ 10:59 pm

  7. Marcie, what laws do you think were broken that you could complain to the Attorney General about? Did their demand letter have the notices required by the FDCPA?

    Comment by impishredhead — November 6, 2006 @ 11:59 pm

  8. impishredhead, thanks for the info. Will do.

    Comment by Linda Myatt — November 7, 2006 @ 12:22 am

  9. In regards to post #55, Capital One is also using Allied Interstate as well. Talking to them is pointless because they’ll insist you verify info with them and if you don’t, you are threatened with continuous phone calls. They’ll also call you 10 times a day or more and if they get your voicemail they leave that automated message stating you must call them back about an important business matter. I have read on other web sites that these people are nothing but crooks and dishonest. I advise that anyone who gets a call from them or a letter to send them a cease & desist or a debt validation letter.

    Comment by Cat — November 18, 2006 @ 9:31 pm

  10. Bud, thank you for these outstanding forums. As I read about MBNA being taken over by Bank of America, it made me think of a question. Do the same rules apply to Bank of America as any other debt buyer? Wouldn’t MBNA be an OC? If so, that wouldn’t that make BOA subject to all the FDCPA limitations as any other collection agency or JDB? Thanks again for these forums.

    Comment by Big Al from Florida — November 26, 2006 @ 8:38 pm

  11. Can Asset collect on a debt from First Consumers National Bank that went Bankrupt in 2003? The SOL was up in 2003 on the debt and Asset bought the charged-off account in late 2003. The only validation Asset will give me is the name of the and address of First Consumers National Bank, which th ephone number goes to a National Credit company that you have to pay $6.95 to call, then address is bogus. I have contact the FTC and the Al AG and they both told me they could not collect on this debt b/c the SOL ran out. I am trying to get a House, Asset called me the other day and said we see you are trying to get a house, so all settlement letters sent to you are void and you will have to pay the original amount now. Can they do any of this???

    Comment by Wendy Smith — January 19, 2007 @ 5:45 pm

  12. Wendy, unless your state law forbids it, they can attempt to collect even past SOL. The only states I know of that prohibit it are WI and MS, but check yours just in case. They should not sue or even threaten to sue you past the SOL, if they do you have the SOL as an affirmative defense to get the suit thrown out, and you could turn around and sue them for violating the FDCPA. See: http://www.ftc.gov/bcp/conline/pubs/alerts/timebaralrt.htm

    Did you dispute this alleged debt in writing within 30 days of their initial contact with you? Is Asset on your credit reports?

    Comment by impishredhead — January 20, 2007 @ 1:40 pm

  13. I just recently found out how I got scammed big time by a collection law office. They filed a judgment against me and put in a phony address as my last known address on the “Notice”. So I didn’t (couldn’t) even know about it until 5 or 6 years later when they started collection actions, because I never got the service and didn’t even know I had a judgment.

    The name of the law office is: Law Offices of Hemar, Rousso & Heald, LLP. Located in Encino, California.

    They were representing a big bank and don’t seem to mind doing “dirty tricks” to get their way. If you unfortunately get involved with them. WATCH your paper work (or lack of it) carefully.

    Comment by John — March 8, 2007 @ 8:54 pm

  14. Received a letter from “Law Offices of Klemm & Associates” regarding a debt with Capital One. Any letter writing tips, sample letters on how to ask for the original debt and or to work out a plan. 30 days to respond or judgement,legal actions.

    Comment by KAC — April 10, 2007 @ 1:41 pm

  15. I just received a call on my Cell Phone from a woman verifying my employment. I asked why she was calling, I have a job, I haven’t applied for any credit, Who wants to know?Answer was UNIFUND and there tel # 888 384 8134.

    I have 3 outstanding debts that went to default due to Job loss. By the time I got re-employed the debts had been sent to “collectors”

    I have received nothing from Unifund. What should I expect next and what should i do when that “Next” happens?

    Comment by Bill in PA — April 26, 2007 @ 11:49 am

  16. When someone cannot pay a debt for whatever reason, creditors and debt collectors are going to have to get it into their thick skulls to write it off, forget about it, and move on. That is one of the risks involved in the business of granting credit.

    Comment by Topaz — May 5, 2007 @ 4:24 pm

  17. Creditors and devt collectors can attempt to collect a debt that is past the Statue of Limitations, but they cannot sue in court. That fact strips them of any power or leverage they may have over a debtor. In essence, the debt becomes worthless and uncollectable by legal means. They can only resort to trickery and deceit to try to collect. Laugh in their faces and say NO! Their is nothing they can do about it. If everyone realized this, it would put all the junk debt collection companies out of business.

    Comment by Topaz — May 5, 2007 @ 4:30 pm

  18. I was brought up on the idea of “if you dont have the money, dont buy stuff” and firmly stood by it. Got a credit card just for emergencies; bought a few things and promptly paid off the balance before it came due.

    It was all working great until I lost my job. A year has gone by and I cant get any job, even at minimum wage.

    Then I began using my credit card to buy basics of life, even then understanding that I was doing the CC companies a favor. They were well paid for the items I bought.

    Now with the card maxed, I wrote them asking for a Validation of debt. None was sent and they sold the debt to a collection agency…which has since been resold several times.

    I respond to CA phone calls with “Do I have a contract with you?” clearly I dont. “I refuse your offer of contract. Cease all attempts at communication with me under penalty of law”

    Sometimes they try again and leave silly messages about attorneys and garnish of wages. I aint scared.

    CA letters I respond to by pointing out that I have no contract with them, they are a third party interloper, engaging in illegal trespass and that any further correspondance from them is just giving me more usable evidence of their fraud.

    All I can say is that it is working so far. If it wasnt I think I would have seen some sort of judgement by now.

    And for the collection agents who write in here, I am wondering, if what you do is so moral and acceptable why is every communication I get from them so dammed unprofessional? Why do they scurry away the moment they discover that I wont be pushed around?

    One thing I am still looking for info on and maybe Budd can help. Is it true that banks and CC companies claim insurance on written off debts?

    HUGS and thanks Budd for all you do.
    ….shera

    Comment by Shera — June 20, 2007 @ 8:14 am

  19. Bud, I am a collector, while I admit that some of what you say is true, your opinions are one sided, and you don’t say anything about the dead beats that don’t want to pay there bills and RUIN our economy, collectors while under pressure, also have to be creative to get these dead beats to pay. I am perfectly professional to anyone who is to me. Some people need to be pushed. If it wasn’t for collections the way they are present day, our economy would crash. The debtors are just as different now a days then the collectors. You really need some education on the other side of things. My guess is you once had a bill you paid that you didn’t want to because of us! RCE

    Comment by REGGERS — July 11, 2007 @ 8:50 pm

  20. to Reggers:

    I disagree with some of what you said. By your definition I would be considered a deadbeat. 4 years ago, I had 30,000+ in debt (car, house, + credit cards), a good job 50,000 to 60,000 a year + bonuses. and basically a good life. Due to circumstances out of my control, I lost the job (car accident and almost a year to recover, partial disability and unable to perform duties within my job scope), and basically lost everything else when insurance didn’t cover everything and savings ran out. I started working another job when I was cleared by the doctor and started paying on my debts. That’s when everything hit,

    Owed + Fees Collection agency wants
    Capitol One $2235 $1028 $6,048 to clear
    American express $5023 $2912 $13,543.50 to clear
    Security National $4118 $978 $7,500 to settle

    The other debts I settled over 2 1/2 years for the amount owed+fees, or the amount owed, fees, and service costs. These are the last 3 open debts on my credit report and 2 of the 3 are collection agencies highlighted on this webpage, the other debts were handled professionally and were worked out. I have been browbeaten, threatened with lawsuits, yelled at, threated with arrest, and basically run ragged. And why? I asked to have a verification of these three debt and fees. I flat out told one caller that I know the true amount of the debt, and he needed to give me a reason for almost $7000 over and above the original debt and fees. I got hung up on.

    There may be good debt collectors, and yes I did work with some of them, but it’s the bad collectors and agencies that need web pages like this to keep track of. Bud has a list of probaly 100+ bad agencies out of thousands of collection agencies out there. He isn’t that one-sided, he’s just pointing out the worst ones out there.

    Comment by juiced2007 — July 16, 2007 @ 7:22 am

  21. I wonder how many people out there who got lost in debt because of being cheated out of money due them or because of deliberate tricks and shemes of credit card companies to get them in financial trouble?
    Personally, I’ve tried suing people in court for money due me and I have never collected a dime. I didn’t spend my time trying to hound anybody down either, and every single person who stiffed me were people who seemingly could have easily paid me.

    I have never had a poor or lower middle class person cheat me out of a nickle for a job done for them. Most of the time they are handing your money to you along with yet another drink or snack offering before you even finish the job. Yet these are the people who are harrassed and tormented by their government, and all these schemers because they are looking at the stats on the paper and thinking there’s gold, where there is nothing but blood sweat and tears.

    A poor, or lower middleclass person will pay what they owe–epecially what they truly feel they owe, but they have sense enough to know they don’t owe a credit card company 5,000 dollars after paying them for three years on a debt that was originally only 1500 dollars. They will pay a man they hired to build them some steps or a chimney or a walk, often with something extra thrown in, but I don’t care how many documents they or forced to sign in order to make it in this society, if there comes a choice between feeding their children, keeping their homes, or gas for the car, they aren’t going to pay any conglomerate, or collection agency, whom they never even sign any documents with at all, on a debt they have already paid off three times.

    These are the people who really earn and give worth to that paper called money because money is nothing but physical labor. It’s not lawyers and politicions and schemers sitting around dreaming up more and more ways of how to squeeze and get more out of the people who really creates wealth, while looking down on them with their hatred and comtempt. Most of these people who are in so much debt have done more real, actual work in their lives in one month,. than these bottom feeders, who are hounding them and writing laws to make their lives a slavery hell has done in their whole lives. Most of these people have already paid back those loans given them 3 and 4 times over, but because of all the late charges and interest rates and accumilations when they couldn’t afford to pay, they still owe five more times on a debt they have already paid off three times, yet they are called the dead beats and the ones who are trying to get something for nothing.

    What kind of real wealth does a lawyer create? Or a Judge? Or a collection agency employee? Or a mortgage broker? Or a wall street banker? Or a politician? They create absolutely nothing. All they do is feed off the hard work of the masses, and yet have the gall to declare all out war on them, because they are tired of just paying and paying, and finding the hole just keeps getting deeper and deeper.

    Comment by nimson — October 2, 2007 @ 8:24 am

  22. I am not a deadbeat. I did have a rough time and now am willing to pay off a charged off debt. The problem with these collection agencies is who to pay and how much. I am going through one agency to clear up a charged off debt and everytime I get correspondence from them an additional $100 is added to what they claim I owe. I believe this is to get me to cough up before it gets to high. My requests have only been for verification of the debt. The 1st wriiten request did not even have an account number for the creditor, just an amount. when I asked for verification, Bingo! another $100 is added to the debt in a span of 20 days. What can a debt collector legally add on to a purchased debt?

    Comment by LuckyDraw — October 3, 2007 @ 7:58 pm

  23. Hi all. I received in the mail yesterday what I believe to be an illegal and is definately a very threatening letter from Asset Acceptance under the name of some NY law firm that has a summons attached to it, one that I think they made up because it was only sent via first class mail, not hand delivered or anything like that. I’m not a deadbeat, I pay my bills….however there was a time after I had my daughter that I was out of work for 10 months, and as we all know once you fall that far behind, it’s pretty much impossible to catch up. What can I do to see if this summons is for real? While I have a decent job now (which i’ll bring up again in a minute) there’s no way I can keep up with my current bills plus pay all my debts that have charged off from that time when I was out of work. What should I do about this “summons”???? Any thoughts would be greatly appreciated.

    As for my job…..I’m a debt collector, and in Buffalo. However my company (to my knowledge in the 2 years I’ve worked there) has never practiced any of those illegal things mentioned in previous posts. We’re a third party agency so I only know the laws that apply to that type of collections. I have never once been rude to anyone, said anything illegal to anyone, or had anyone complain about me. I am always more than willing to work out arrangements with people, and pretty much everyone who has spoken to me likes working with me to resolve their debts. The reason? I know what it’s like to be bullied and harrassed and I refuse to treat people with anything other than respect just to do my job. And I can honestly say there are other collectors like me at my company. And when someone requests a paid letter, we always will either mail it or fax it the same day it is requested. And after receiving a letter like that the fastest way to get that account updated on your credit report is to fax a copy of the paid letter to each of the credit bureaus.

    I will also say this though…..on countless occasions I have been hung up on and/or cursed at simply for mentioning someones debt because they assume they’re about to be treated like garbage, and yet I’m still nothing but polite to everyone I get on the phone.

    Also…..I don’t know how many of you (if any) work with CCCS companies. PLEASE if you are thinking of it, be careful. I have a number of accounts that the customer has signed up with CCCS and payments just are not being made, those companies (at least in the case of charged off/purchased debt) do you more harm than good because they are taking your money and then not paying your bills. And in a lot of cases they’ve been taken to court by people trying to get their money back.

    Lastly, in regards to the question by LuckyDraw, the amount that could be added on to a purchased debt depends on who owns it. Debt collectors themselves are just messangers, we have nothing to do with what gets added to a balance. But I’ll just give a worst-case scenario…if the debt happens to be owned by household/beneficial (this was a pre-charge off account) the original balance was around 5000…..over the course of a couple of years over 3000 was paid while the account was in collections….the balance was still over 5000 due to interest/finance charges etc.

    So to see an account go up by $100 in a month, while unfair and excessive, is possible depending on what kind of debt it is and what charges they are adding to it.

    Comment by Sue — October 5, 2007 @ 6:18 pm

  24. To the poster in Number 71 I agree 100 percent. The credit card companies are screwing the American people in unimaginable proportions so the government helps the people by making it almost impossible to file bankruptcy. Now we have these armies of bill collectors springing up like maggots on a dead animal. As you stated these lawyers, politicians and the like create nothing, they are destroying this country. I explained how I am fighting back in my previous three posts but this board is obviously censored. To the guy who removed my posts whose side are you on?
    I will say it again, if you are being harassed by bill collectors you must know the applicable laws and statues, that is the only way to defeat them, do not depend on the FTC or any other governmental entity.

    Pete in Nebraska

    To the guy who removed my posts whose side are you on?

    The side of decency. Write without the profanity and scatology and you can say
    almost anything you want. People come here for advice and assistance, not to
    read where people have not mastered the English language. See the Welcome and
    Rules of Decorum…

    Comment by Pete — October 10, 2007 @ 1:23 pm

  25. Sue
    You best take the summons seriously, here in Nebraska you have 30 days to answer, if you do not answer the summons and appear in court the party bringing the action will automatically win a summary judgment against you. Has this bill collecting outfit mailed you a written notice along with the proper language advising you of your rights to debt validation? If not and if this is their first contact with you they are in violation of the FDCPA and you have grounds for a counter suit.
    Unfortunately there is just too many details to cover, with debt collection your states code of civil procedure has bearing, the UCC or Uniform Commercial Code articles 2 and 9, your states rules of evidence and last but not least the FDCPA. Other state statues pertaing to interest, loans and debt may also have applicability.
    This is very frustrating to me as I am a law graduate and have an undergraduate degree in Accounting but there is just too much to know in the law to post it here.
    As I said take that summons seriously, keep in mind under the FDCPA they must bring suit in the county in which you currently live or the state and county where you originally executed the contract/agreement. Sorry it is just too complicated and lengthy, Sue you need to consult a lawyer before the time lapses for you to file an answer to that summons. Do they have a copy of the pleadings attached to it? In Nebraska that’s requriment and I bet it is in most other states.

    Pete in Nebraska

    Comment by Pete — October 10, 2007 @ 6:50 pm

  26. One last thing Sue, It seems that your question about the summons is was the service proper and in accordance with the law and if not is improper service an affirmative defense which will allow the case to be dismissed. Whether it is or not does not matter and in Nebraska improper service does not affect the validity of the summons. Assuming in your state improper service is grounds for dismissal, they will just serve you again and will probably get it right the second time. Consult a lawyer, one who knows something about civil actions.

    Pete in Nebraska

    Comment by Pete — October 16, 2007 @ 8:05 pm

  27. I fell prey to a debt negotiation scam that left me thousands of dollars poorer. I tried to get some justice from the California Attorney General’s office, but that really led nowhere. The company was shut down, which is a small consolation. I really thought I was doing the right thing.

    Comment by Bob — November 23, 2007 @ 10:57 pm

  28. Someone help! What can credit unions and credit card companies do if you have stopped paying because of loss of job? I lost my job, 20000 in debt (all credit cards) and now have not paid in four months…they all call about 30 times a day. I cannot afford bankruptcy anyway. I have a home and am afraid they will take it. Every credit card is charging me over $70.00 a month in late and over the limit fees. What can I do. Should I wait it out? What happens next. I cannot find a job and have enough money left for only food and shelter. Help!

    Comment by Mary — January 16, 2008 @ 2:51 pm

  29. Mary, sorry you’re going thru all that. Been there, done that, and no doubt about it, it’s a nightmare. What can the creditors do? Well, they can call and send you letters all they want. They can also sue you. If you own a house you’re generally more of a target for a lawsuit, even though you’re unemployed, but whether they can do much of anything with your home depends on the laws of whatever state you live in. Don’t get too far ahead of yourself on that and panic yourself into a decision you’ll regret later! Spend this unemployed time researching your options. Contact Bud Hibbs about the alternative to bankruptcy. Also study up on bankruptcy options so you can compare. Go to infinitecredit.com and creditboards.com, read, join the forums, and ask questions if you need the info there clarified.

    Most likely your accounts will soon be charged off and assigned to collection agencies or sold to debt buyers who will continue to call and send you collection letters. They can sue too. But at least then you will have some protection from abusive tactics under the FDCPA, and you may have state debt collection law to help you out, too. I’m not going to tell you that it’s easy because it generally isn’t. But when you have no choice you just do what you have to do, right? So go read up on those forums, check with Bud, and make the most informed decision you can. Good luck!

    Comment by impishredhead — January 16, 2008 @ 8:10 pm

  30. Eskanos and Adler are now with the court for a second case management date to validate a debt my daughter was sued for. How did these people file a lawsuit and not have a validation of debt before filing? Also, by reading the many case management statements it is clear they had no clue what the debt was originally for, they had no account number, and they answered my discovery questions, but still without validity of the debt. The amounts for services and goods are still without validity. What is going on in this debt system? We want to pay the debt if it is valid and proven and glad we are going through the court system because this will force them to follow the rules. Fortunate I answered, but how many lawsuits are filed without validity and other legal ways? How are these people not fined and or in prison for their questionable tactics of debt collection? Also how can they purchase a debt for a lessor amount and collect the original debt charged off? I have found date changes on the credit reports. I challenged all three agencies. I could never imagine being so evil in my thought and perception of treatment to people who have had hardships. This is all wrong whether to my daughter or anyone and something really needs to be done. These people need to be thrown in prison for fraud and or actions of immoral and unethical business practices. I can’t believe what I read on these case management statements. Does the judge even catch this stuff or do we have to point out everything in court? We have been very cautious with Eskanos and Adler. They are not people I would want in my living room.

    Comment by elizabeth — February 9, 2008 @ 9:58 pm

  31. Elizabeth, unless there’s something in your state law requiring specific proof of the debt before they can file suit, they generally don’t need it – unless and until you answer the suit and demand strict proof of their claim. They get default judgments the vast majority of the time, where no one files an answer or even shows up in court. They count on it. And in most cases there’s no legal problem with them buying the debt for a penny on the dollar and then demanding payment for the full amount – or even more. You need to point out every single problem with their evidence and their statements. If you fail to argue these points, the judge may believe that you are conceding them. Keep on fighting, and good luck!

    Comment by impishredhead — February 10, 2008 @ 10:03 am

  32. Our car was repoed in may, we then got a letter from patenaude and felix. After 8 months of paying them 250 a month, they now say that this is not enough and they are going to sue us. Toyota has charged of the dept and I dont feel it is legal for them to take money every month and threaten us with non payment? Any help would be good here….

    Comment by michelle — March 4, 2008 @ 6:48 pm

  33. Ahhh yes, bottom feeders. I wish I could say I’ve never had any contact with these… people. When I got my cell phone last year I guess my number used to belong to some chick named “Jessica” who was in deep $*it with her bills.

    Rude a-holes began to call 3 or 4 times A DAY on my CELL PHONE asking for her. They even started trying to trick me. *rolls eyes* They’d call all friendly and say “YO Jessica”, so, if I were really her I’d say I was. grrr

    They’d take me off the list and then the number would end up on the list again somehow. They’d start calling again until I would get so pissed off I would talk about sueing their company and them personally. That worked for 3 months and it happened again.

    It’s been about 4 months. I’m waiting for it to start over. I’m thinking of f’ing with them now and using a movie star’s soundboard online. What’s better? Gary Busey, The Sarg. from Full Metal Jacket or The Governator of California?

    Comment by Steph — March 14, 2008 @ 8:57 am

  34. Has anyone heard of Dodeka, LLC?

    Comment by Jetski — May 25, 2008 @ 2:28 am

  35. Hey guys,

    Ive been reading all of these posts and I am very intrigued. Intrigued because I have never seen into this world of “debt collectors.” I know nothing about the business but I am trying to learn.

    My situation is much different then what is being posted here.

    I have been offered the opportunity to start a debt collection business from scratch and build it from the ground up. I am a business major right out of college and the offer to run a start up is practically a dream for me.

    My question to all of you is: where can I find information that discusses the LEGAL process of debt collecting. I feel that for someone to get into this industry and actually maintain their integrity is something that doesnt happen anymore. Instead of using coercion to get the consumer to pay debt why cant the collector try to work a plan of action for the person to pay. This reduces the stress for the consumer if they feel they can trust the collector on the other end. Especially, if the collector shows sincerity with getting the consumer out of debt. I also feel that a company can still be profitable while maintaining their veracity. Is there something I’m missing?

    All feedback will be greatly appreciated.

    Thank you.

    Comment by WannaMakeADifference — June 3, 2008 @ 9:00 pm

  36. Hi Bud,
    I was sued by these guys by Capital One and when I was served there was a green flyer over the paperwork saying to call them within 14 days to possibly avoid going to court.That was a week ago this Sunday. After reading your site I want to fight it but I saw this comment:

    ” My advice is stay far away fom them, they will be more trouble than you can possibly imagine” Comment by Bud Hibbs — September 14, 2006 @ 2:29 pm

    SO should I just roll over and settle, fight myself, or seek professional legal help?!I am scared to call them because of everything I have been reading..

    Comment by RC — August 29, 2008 @ 1:37 pm

  37. Hi Bud,

    what about Patenaude & Felix?

    I was sued by these guys for Capital One and when I was served there was a green flyer over the paperwork saying to call them within 14 days to possibly avoid going to court.That was a week ago this Sunday. After reading your site I want to fight it but I saw this comment:

    ” My advice is stay far away fom them, they will be more trouble than you can possibly imagine” Comment by Bud Hibbs — September 14, 2006 @ 2:29 pm

    SO should I just roll over and settle, fight myself, or seek professional legal help?!I am scared to call them because of everything I have been reading..

    Comment by RC — August 29, 2008 @ 1:39 pm

  38. Bud,

    Thanks for the reply to my email regarding defending a lawsuit against Patenaude & Felix.
    I will contact a lawyer in my area.

    For everyones benfit:
    What is it about these guys that would make it a bad idea to try to defend yourself against them?

    Comment by RC — August 29, 2008 @ 2:57 pm

  39. I broke my leg on 12/31/2001 and about 1/11/2002 called all the people I owed money to and tell them I would be out of work for a few months. One particular company I called and talked to the branch manager and she said that she would work with me by deferring the payments to the end of the loan or just refinancing the loan. I called her once a month and on the fourth month of non-payment, I received a phone call from the branch and a gentleman said that I had to come up with the total amount I was behind or give up the car. I explained to him was the branch manager had said, and he said that I had to pay.
    I hung up and called straight back and asked to speak to her and got her, but when she asked who I was she said to hold on and transferred me back to the man that I previously talked to.
    Needless to say I was very angry that I had been lied to and I went out that weekend and purchased another vehicle, and with my leg still in a cast, threw it up over the middle console I drove the car to the company and left it in their parking lot. I returned to work two weeks later.
    A few months later I kept receiving calls from collection agencies after ignoring letters saying they auctioned the car for $3000. dollars so I owed the $9000. that remained. I told them no I did not.

    I have not heard anything from anybody for roughly 6 years and now I am receiving calls again, which my wife answers but I do not, from a collection agency. They call several times a day. They are giving her information about this account, but I did not know her at the time and her name is nowhere on the account. They say that she is partly responsible and that she needs to do something about it. Don’t know if that is legal or not, but it is not right. She does not answer their calls anymore.

    I have also noticed that it use to be on my credit report but it is not anymore.

    I live in South Carolina and I am wondering what is my, “best course of action”?
    Thanks

    Comment by EGriffin — September 12, 2008 @ 11:10 am

  40. EGriffin, this mess is probably well past the SOL (statute of limitations). You’re best off checking with a lawyer from http://www.naca.net regarding the SOL (usually repos fall under a 4 year SOL per the UCC) and discussing how to handle the debt collector. I also recommend going to the Help, Advice section and searching for posts on dispute/validation letters and recording phone calls. Or go to creditboards.com and post for help. Meanwhile don’t let these buggers aggravate you. Refusing their phone calls turns it around so THEY get aggravated instead :)

    You should both stay off the phone unless and until you can legally record, and even then only after you’ve learned enough about how to handle the situation to make it a recording worth taking to court. Look in the FAQ section on creditboards for info on recording calls.

    Don’t forget about the SOL issue. Very important! Good luck!

    Comment by impishredhead — September 14, 2008 @ 8:53 pm

  41. Asset Acceptance has contacted me more than once concerning someone elses debt. They do this with autoated number lookup software and recorded messages. This is a very cheap way to fish for a response. They call anyone with similar initials and last name or simply a name that may sound like the name of the personthey seek. They ignore a couple of Indiana laws when they do this. Indiana has some of the more stringent ” do not call” legislation of any state. They also have statues that criminalize the computer generated calls that Asset Acceptance uses.

    Asset Acceptance claims the calls are accidental when made to a number listed under “do not call” laws. It is hard to claim accident when they dial 20 people looking for one person. At least 19 and more likely 20 of them are in error. At some point you can safely say these were calls intentionally made to the wrong party, thus violating “do not call” laws.

    Indiana has very strict regulations concerning computer generated calls. Virtually any commercial call originated that uses a recorded message must be introduced by a live person stating the purpose and can proceed with the recorded message only with the called parties permission. The calls made by Asset Acceptance clearly violate these calls whether or not the number is registered under “do not call” legislation.

    If you are in the state of Indiana and recieve such calls please complain to the Indiana Attorney General. Go to :

    http://www.AttorneyGeneral.IN.gov

    Complaints can be registered there.

    Indiana Attorney General

    Comment by Don 1 — October 5, 2008 @ 11:39 am

  42. I have a debt with Army Air Force Services (AAFES). Since they did not want to work with my credit counselor and I back in 2005, they told us that as part of the government, they DID NOT have to work with us. They would just start offset from my retirement. It’s the way the government can take your retirement without a court order. In a court, Retirement Pay is excluded from judgments.

    Anyway, this started in 2006 when I dropped out of the credit counseling program.

    Now, NCO Financial was awarded the contract for AAFES to collect past due debt. Which is odd in itself.

    AAFES wrote me a letter saying that I have 60 days to pay the full amount or agree to a higher payment or they will request the full balance owed using the Treasury Offset Program (TOP) and at the same time submit it to NCO for collection. The offset, which was submitted in July, is to remain in effect until Jan 2009.

    Have no idea how they can submit it to retired pay and have NCO come after me at the same time??

    Aren’t they suppose to either write off this debt, after 6 months of no activity, then sell it to NCO for collection or use the TOP for collection from Retired Pay. How can they do both????

    They have been getting a payment, using this program, each month since 2006.

    Since they are “part of the government” IT seems they do not have to follow the federal laws on debt collection, they just write their own laws and do what they want.

    Now with NCO getting the contract, I really believe someone is getting kick backs and no one did a background on who got this government contract.

    How can NCO be awarded a collection contract from the government without going through a background check?? Now, all military men and women, who get behind in payments with AAFES, will be targets.

    Just unbelievable how this could happen.

    Comment by Bill — October 25, 2008 @ 12:04 am

  43. David George Rosenberg, Unifund CCR Partners LLC founder, chairman and chief executive officer
    Residence:
    2349 Grandin Road (at the corner of Corbin)
    Cincinnati, Ohio
    45208
    Home Phone: (513) 321-7190
    House is across the street from the Cincinnati Country Club 12th tee.
    The three-story stucco house has 16 rooms (six bedrooms and nine bathrooms). The house sits on 3.87 acres and has two guest apartments, a pool, a pool house and what is described as a “rose garden non pareil.” There is garage space for six cars. Check it out on Google Earth.
    drosenberg@unifund.com
    mrdgr@redconnect.net
    Born: 1965 – Izmir Turkey
    Unmarried
    Lives with Richard Shenk (513) 871-0043 & Betty Ann Shenk (513) 321-0010
    All three are heavily involved with the Jewish Federation of Cincinnati: They have summer parties for teens at the house.
    Associates: Douglas A. Mallon, Jeffery W. Adams, Jeffery L. Jensen & Jon Alan Bader.
    Owns a Challenger 604 Private jet.
    All this information is freely available on the internet, just collected in one place here.
    If anybody has any more information about this guy, put it on an (anti)Unifund blog.

    Comment by yfly — January 26, 2009 @ 5:31 am

  44. Unifund is actually Unifund CCR Partners, a trademark registered in Ohio. The trademark is owned by Unifund CCR Partners, a general partnership registered in Delaware. The general partnership here is between Credit Card Receivables Fund, Inc. registered in Ohio, and ZB Limited Partners, a general partnership registered in Delaware. I am still working on just exactly who are the ZB partners, but it looks like they have no corporate protection. Maybe they do not need any because ZB is short for Zurich (Swiss) Bank! David G. Rosenberg, you bad boy. You or your ZB buddies haven’t flown out of Lunken Field on a private jet to an offshore destination with more than $10,000 in cash and bonds on board, have you? A certain Federal Prosecutor wants to know.

    Comment by kytdfoturf — February 15, 2009 @ 9:54 am

  45. Unifund CCR Partners is owned ZB Limited Partners registered in Delaware. ZB is short for Zises Brothes: Jay H.Zesis, Seymour W. Zesis & Selig A Zesis. Jay Zesis: (pronounced “zee-sees”), a Likud funder with his wife Nancy (now Cathy). As of 2000, Jay was President of “Friends of the Israeli Defense Forces in the United States.”
    Jay Zises and his brother Selig founded Integrated Resources, a hyper-leveraged tax shelter. The Zises debt pyramid blew out in 1989, defaulting on $955 million. The scheme was financed by Drexel Burnham Lambert’s junk-bond kingpin Michael Milken and his family, and by those backing Milken, including Zises’ former boss Saul Steinberg, and executives of Carl Lindner’s dope-running United Fruit/Chiquita Banana. A Federal judge ruling on a lawsuit against Integrated said, “This case arises from the ashes of what is regarded by some as the most spectacular scam of the 1980s.”
    Milken and others were jailed, but the Zises brothers escaped with a fortune, bought out by Milken’s cousin Stanley Zax shortly before Milken was indicted and Integrated collapsed.
    Jay Zises created the Roundtable Political Action Committee, a U.S. election campaign-financing arm of the Milken clique, operating from Integrated’s New York office. His brother Seymour Zises was president of the coordinating “National PAC,” which operated from Washington. Run in tandem with AIPAC (American-Israel Public Affairs Committee), these are the PACs which established, in America, the pattern of dirty-money election financing which rules Israel today.
    Contributors to Jay Zises’ Roundtable included members of the Meshulam Riklis family. Riklis, a mobster go-between for dope-runner Robert Vesco, Vesco’s lawyer Kenneth Bialkin, and the Milken group, was Ariel Sharon’s personal financial angel. For years, the Zesis Brothers flew an unmarked 737 tail number N4529W, all white with a red stripe. The planes’ owners, “American Leasing Investors V-A” was a partnership between Selig A. Zises, Jay H. Zises, and Arthur H. Goldberg, a collection of New York financers. Selig Zises was the chairman of Integrated Resources, Inc., a financial services company known for creating tax shelters and a part of junk-bond king Michael Milken’s “daisy-chain” of clients. When Milken’s pyramid scheme fell apart in the late 1980s, the Zises brothers left Integrated Resources. A few months later the company defaulted on its loans and collapsed. In 1991, Goldberg and the Zises brothers cancelled their lease with EG&G Special Projects, and ownership of the plane changed to the First Security Bank of Utah. EG&G in turn began leasing the plane from the bank. On December 7, 1995, First Security Bank sold the aircraft to the Department of the Air Force. EG&G Special Projects still operates the aircraft.
    In recent years, Jay Zises has been the president of “Friends of the Israeli Defense Forces,” a close friend of former Israeli Prime Minister Benjamin Netanyahu, and a major contributor to Senator Joseph Lieberman, George Bush, the Republican National Committee, and to the Club for Growth. His brother Selig Zises is now a major investor in Xenonics – a company that sells lighting systems and night vision equipment to the military and whose stock value increased many times over with the US invasion of Iraq. Selig maintains intimate ties to Washington, contributing large amounts of money to both Democratic and Republican candidates.

    Comment by yktdidrt — February 18, 2009 @ 8:07 am

  46. The transfer of Unifund proceeds from:Unifund CCR Partners,ZB Limited Partnership,ZB Linited Partners,ZB/CCR, Inc. andCredit Card Receivables Fund, Inc toAssociated Capital LP,A Cap, Inc., andAssociated Capital Offshore/L/P is managed at the offices of the Zises Brothers Jay & Selig at:767 3rd Ave Fl 16
    New York, New York USA 10017-9017http://www.superpages.com/bp/New-York-NY/ACAP-Inc-L2065062531.htm. This Schedule 13G is being filed jointly by
    Associated Capital, L.P., a Delaware limited
    partnership (“Associated”), its general partner, A
    Cap, Inc., a New York Corporation (“A Cap”), Jay H.
    Zises, the President and a director of A Cap, Selig
    A. Zises, Vice President, Treasurer and a director of
    A Cap, Nancy J. Frankel-Zises, a director, Vice
    President and Secretary and the sole stockholder of A
    Cap, and Associated Capital Offshore, L.P., a Cayman
    Islands limited partnership (“Associated Offshore”).
    Associated, A Cap, Jay H. Zises, Selig A. Zises,
    Nancy J. Frankel-Zises and Associated Offshore are
    hereinafter sometime referred to collectively as the
    “Reporting Persons”. The business address of
    Associated Offshore is c/o Goldman Sachs (Cayman)
    Trust, Limited, P.O. Box 896, George Town, Grand
    Cayman, Cayman Islands, British West Indies. The
    business address of each other Reporting Person is
    477 Madison Avenue, 14th Floor, New York, New York,
    10022. Jay H. Zises, Selig A. Zises and Nancy J.
    Frankel-Zises are each United States citizens.

    Comment by sgha — March 8, 2009 @ 9:38 am

  47. Asta Funding (Palisades Collecctions) agreement with subserver Unifund:

    SCHEDULE 1

    SERVICING FEE SCHEDULE

    Servicing Fees relating to Receivables (a) with respect to which the Servicer has not engaged a Subservicer or (b) under the W&A Subservicing Agreement:

    CLASS OF RECEIVABLE

    PERCENTAGE

    Receivables directly being serviced by the Servicer or a Subservicer; provided, for the purposes of clarification, that any Receivable subserviced by a vendor under a Subservicing Agreement, will not be deemed to be directly serviced by the Servicer or a Subservicer

    24
    %

    All Bankrupt Receivables

    50
    %

    All Receivables outside of the related statute of limitations

    50
    %

    All other Receivables

    30
    %

    Notwithstanding the foregoing, the Servicer will undertake reasonable best efforts to reduce the fee paid to the Subservicer under the W&A Subservicing Agreement by 4%, to the extent W&A utilizes information obtained by the Servicer in connection with the Unifund Servicing Agreement, and, in connection therewith, reduce the corresponding Servicing Fee by such amount.

    Servicing Fees relating to Receivables under the Unifund Subservicing Agreement:

    35% of gross collections (as defined in the master servicing agreement, dated as of March 28, 2008, between the Servicer and Unifund CCR Partners)

    plus $275,000 per month through May 2009, inclusive

    plus 3% of gross cash receipts (as defined in the management agreement), dated as of March 28, 2008, between the Servicer and Unifund CCR Partners) for the first $500,000,000 of gross cash receipts on all Receivables under this Servicing Agreement

    plus 7% of gross cash receipts (as defined in the management agreement), dated as of March 28, 2008, between the Servicer and Unifund CCR Partners) thereafter on all Receivables under this Servicing Agreement

    Servicing Fees relating to Receivables under the Allied Subservicing Agreement, the FMS Subservicing Agreement, the FMS Inc. Subservicing Agreement, the Penncro Subservicing Agreement, the Active Subservicing Agreement, the Constar Subservicing Agreement, the AC Subservicing Agreement and the Plaza Subservicing Agreement:

    50% of gross cash receipts

    Servicing Fees relating to Receivables under the TRAKAmerica Subservicing Agreement:

    For Receivables identified as “recalls”: 32% of gross cash receipts or

    For Receivables identified as “Telecom accounts”: 30% of gross cash receipts for a six-month trial period or

    For all other Receivables, 30% of gross cash receipts plus

    For all Receivables (a) for which a judgment has been rendered within the preceding three years or (b) for which suit had been filed in the preceding twelve months that is in post judgment enforcement, in each case to the extent such Receivable has been closed or recalled from the Subservicer for reasons unrelated to the Subservicer’s breach of or failure to perform under the Subservicing Agreement before payments or promises for payments have been made, a 5% non-contingent fee payable upon such closing or recall

    Gross cash receipts for each Receivable means, for each Subservicing Agreement other than the W&A Subservicing Agreement and the Unifund Servicing Agreement, gross collections on such Receivable net, in the case of the TRAKAmerica Subservicing Agreement, court costs.

    ARTICLE III

    ADMINISTRATION AND SERVICING OF RECEIVABLES

    Section 3.1 Servicer to Act as Servicer of Receivables. The Servicer shall service, manage and administer the Receivables on behalf of the Borrower and the Collateral Agent (for the benefit of the Secured Parties) and shall have full power and authority, acting alone and/or through Subservicers as provided in Section 4.01 , to do any and all things that it may deem reasonably necessary or desirable in connection with such servicing and administration and that do not violate any of the material terms of this Servicing Agreement or the Accepted Servicing Practices. Consistent with the terms of this Servicing Agreement and the Accepted Servicing Practices, the Servicer may waive, modify or vary any term of any Receivable or consent to the postponement of strict compliance with any such term or in any manner, grant indulgence to any Obligor under a Receivable if, in the Servicer’s reasonable determination, such waiver, modification, postponement or indulgence is not adverse to the interests of the Borrower, the Collateral Agent or any of the Secured Parties. Without limiting the generality of the foregoing, the Servicer in its own name or in the name of the Borrower is hereby authorized and empowered by the Borrower when the Servicer believes it appropriate in its best judgment to execute and deliver, on behalf of the Borrower, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge and all other comparable instruments, with respect to the Receivables.

    The Servicer shall service, manage and administer the Receivables in accordance with applicable law, including the Fair Debt Collection Practices Act of 1968, as amended, and comparable state statutes, and by employing such procedures (including collection procedures) and degree of care, in each case as are customarily employed by the Servicer in servicing, managing and administering contracts owned or serviced by the Servicer comparable to the Receivables. The Servicer shall take all actions that are necessary or desirable to maintain continuous perfection of security interests granted by the Obligors in any collateral securing the Receivables, including, but not limited to, recording, registering, giving notice, obtaining consents, filing, re-recording, re-registering and refiling security agreements, financing

    statements, continuation statements, notices, recordings or communications with court or other instruments as are necessary to maintain the security interest granted by the Obligors under the respective Receivables or as are required to perfect any Transfer of the Receivable Assets. The Servicer shall comply at all times in all material respects with the Accepted Servicing Practices and shall not take any action to impair the Collateral Agent’s security interest in any Receivable or related collateral, if any, except to the extent allowed under this Servicing Agreement, consistent with Accepted Servicing Practices or required by law.

    The Servicer shall, at its expense, make, procure, execute and deliver such financing statement or statements, or amendments thereof or supplements thereto, or other instruments, certificates and supplemental writings, and do and deliver all acts, things, writings and assurances as necessary in order to comply with the UCC, or any other applicable law, to preserve and protect the security interest granted under the Transaction Documents and the priority of such security interest.

    The Servicer may perform any of its duties pursuant to this Servicing Agreement, including those delegated to it pursuant to this Servicing Agreement, through Subservicers appointed by the Servicer, including Affiliates of the Servicer; provided , that, in each such delegation to a Subservicer: (i) such Subservicing Agreement shall be entered into in accordance with Section 4.01 ; and (ii) the Administrator, the Lender and the Collateral Agent shall have the right to look solely to the Servicer for performance. Notwithstanding any such delegation of a duty, the Servicer shall remain obligated and liable for the performance of such duty as if the Servicer were performing such duty. No later than June 30, 2008, each Subservicer shall agree in writing, to the extent not provided for in a Subservicing Agreement, to the following terms, in form reasonably acceptable to the Administrator: (i) following the termination of the servicing by the Servicer hereunder, the Collateral Agent may, at its option, (y) become, or appoint, an assignee under such Subservicing Agreement or (z) after no more than thirty (30) days prior written notice to the Subservicer, terminate the Subservicer under the related Subservicing Agreement (other than under the W&A Subservicing Agreement, except in connection with a Subservicer Termination Event (as defined therein), or under the Unifund Subservicing Agreement, except in connection with a Servicer Event of Default (as defined therein)) with respect to the Receivables other than Exempted Receivables, (ii) the Subservicer shall deposit all Collections received by such Subservicer directly into the Collection Account or an account designated in writing by the Administrator to the Servicer and the Subservicer, and the Subservicer will not, without the prior written consent of the Administrator, follow the instructions of the Servicer with respect to the depositing of Collections, (iii) the Subservicer will, upon the request of the Collateral Agent, deliver to the Collateral Agent information with respect to the Receivables as reasonably requested and (iv) the Subservicer shall agree to provide the Administrator with the same audit and inspection rights provided to the Servicer and its lenders under the related Subservicing Agreement.

    The Servicer may take such actions as are necessary to discharge its duties as the Servicer in accordance with this Servicing Agreement, including the power to execute and deliver on behalf of the Borrower such instruments and documents as may be customary, necessary or desirable in connection with the performance of the Servicer’s duties under this Servicing Agreement (including consents, waivers and discharges relating to the Receivables and related collateral, if any, and such instruments or documents as may be necessary to effect liquidation of

    ARTICLE IV

    SUBSERVICERS

    Section 4.1 Subservicing Agreements Between Servicer and the Subservicers. The Servicer, with the prior written consent of the Administrator (if such Subservicing Agreement is with a Subservicer other than each Subservicer listed on Schedule 2 hereto, as amended or supplemented from time to time with the prior written consent of the Administrator), may enter into Subservicing Agreements with one or more Subservicers for the servicing and administration of some or all of the Receivables. References in this Servicing Agreement to actions taken or to be taken by the Servicer in servicing the Receivables include actions taken or to be taken by a Subservicer on behalf of the Servicer. Each Subservicing Agreement shall provide for each Subservicer to service the related Receivables in accordance with Accepted Servicing Practices; provided, that no Subservicing Agreement shall provide for the servicing of Receivables on terms and conditions that would result in the failure of the Servicer to comply with the terms and conditions of this Servicing Agreement (including the modifications set forth on Schedule 2 hereto, as may be amended from time to time) in any material respect. Each Subservicer may hire third party vendors, provided that such Subservicers remain at all times in compliance with the related Subservicing Agreement. The Servicer hereby acknowledges that it is holding the Receivable Files and any other items of the Collateral in its possession from time to time for the related Receivables as bailee of Borrower and the Collateral Agent (for the benefit of the Secured Parties) in accordance with Section 3.03 .

    Section 4.2 Obligation of Servicer. Notwithstanding any Subservicing Agreement, any of the provisions of this Servicing Agreement relating to agreements or arrangements between the Servicer or a Subservicer or reference to actions taken through a Subservicer or otherwise, the Servicer shall remain obligated to the Borrower and the Collateral Agent for the servicing, managing and administering of the Receivables in accordance with the provisions of Section 3.01 without diminution of such obligation or liability by virtue of such Subservicing Agreements or arrangements or by virtue of indemnification from a Subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing, managing and administering the Receivables. The Servicer shall be entitled to enter into any agreement with a Subservicer for indemnification of the Servicer and nothing contained in this Servicing Agreement shall be deemed to limit or modify such indemnification.

    Section 4.3 No Contractual Relationship Between a Subservicer and Borrower or Collateral Agent. Any Subservicing Agreement that may be entered into and any other

    transactions or services relating to the Receivables involving a Subservicer in its capacity as such and not as an originator shall be deemed to be between a Subservicer and the Servicer alone and the Borrower and the Collateral Agent shall not be deemed parties thereto and shall have no claims, rights, obligations, duties or liabilities with respect to a Subservicer except as set forth in Section 4.04 .

    Section 4.4 Assumption or Termination of Subservicing Agreement by Collateral Agent. In the event the Servicer shall for any reason no longer be the servicer of the Receivables (including by reason of a Servicer Termination Event), the successor Servicer shall, at the direction of the Administrator, in accordance with Section 3.01 : (i) assume all of the rights and obligations of the Servicer under one or more Subservicing Agreements that may have been entered into by giving notice of such assumption to the related Subservicer or Subservicers within ten (10) Business Days of the termination of the Servicer as servicer of the Receivables or (ii) except with respect to Exempted Receivables, terminate all of the rights and obligations of any Subservicer under the related Subservicing Agreement. Upon the giving of such notice, the successor Servicer shall be deemed to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to the Subservicing Agreement to the same extent as if the Subservicing Agreement had been assigned to the assuming party except that the Servicer and the Subservicer, if any, shall not thereby be relieved of any accrued liability or obligations under the Subservicing Agreement and the Subservicer, if any, shall not be relieved of any liability or obligation to the Servicer that survives the assignment or termination of the Subservicing Agreement.

    The predecessor Servicer shall, upon request of the successor Servicer (at the expense of the predecessor Servicer), deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Receivables then being serviced and an accounting of amounts collected and held by it and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreement to the assuming party.

    ARTICLE V

    SERVICER TERMINATION EVENT

    Section 5.1 Servicer Termination Event. “Servicer Termination Event,” wherever used herein, means any one of the following events:

    (i) the Servicer shall fail, or fail to cause any Subservicer, to deposit all amounts required to be deposited in the Collection Account by the Servicer or Subservicer when required to be deposited under this Servicing Agreement and such failure shall continue unremedied for 1 Business Day after the Servicer has knowledge or notice thereof, other than with respect to administrative errors not to exceed $10,000 of Collections in any Collection Period for which such grace period shall be 5 Business Days after the Servicer has knowledge or notice thereof; or

    (ii) the Servicer shall fail to observe or perform in any material respect any other of the covenants or agreements on the part of the Servicer contained in this Servicing

    Agreement or any other Transaction Document to which it is a party and such failure shall continue unremedied for a period of twenty (20) days after the Servicer has knowledge or notice thereof;

    (iii) a decree or order of a court or agency or supervisory authority having jurisdiction in the premises in an involuntary case under any present or future federal or state bankruptcy, insolvency or similar law or appointing a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings, or for the winding-up or liquidation of its affairs, shall have been entered against the Servicer;

    (iv) the Servicer shall consent to the appointment of a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings of, or relating to, the Servicer or of, or relating to, all or substantially all of the property of the Servicer;

    (v) the Servicer shall admit in writing its inability to pay its debts generally as they become due, file a petition to take advantage of, or commence a voluntary case under, any applicable insolvency or reorganization statute, make an assignment for the benefit of its creditors, or voluntarily suspend payment of its obligations;

    (vi) the Servicer shall have breached any of the representations and warranties set forth in Section 2.01 in any material respect and the Servicer shall have failed to cure such breach within ten (10) days of its receipt of a notice of such breach;

    (vii) a Change in Control shall have occurred with respect to the Servicer (if Palisades Collection is the Servicer);

    (viii) (a) the amendment of any Subservicing Agreement without the prior written consent of the Administrator or (b) the Servicer or Borrower enters into a new Subservicing Agreement with respect to the Receivables without the written consent of the Administrator;

    (ix) an Event of Default (as defined in the Loan Agreement) has occurred under such facility which has not been waived prior to termination of the rights of the Servicer under this Servicing Agreement; or

    (x) a Termination Event shall have occurred under the Receivables Financing Agreement.

    If a Servicer Termination Event shall occur (which has not been waived), then, and in each and every such case, the Administrator may, by notice in writing to the Servicer (with a copy to the Borrower and the Collateral Agent), terminate all of the rights and obligations of the Servicer under this Servicing Agreement and in and to the Servicer’s interest in and to the

    Receivables and the proceeds thereof (except with respect to a Subservicer’s right to collect Exempted Receivables pursuant to the applicable Subservicing Agreement or as otherwise set forth on Schedule 2 hereto), subject to compensation, rights of reimbursement, indemnity and limitation on liability to which the Servicer is then entitled, and the Servicer shall immediately provide each Subservicer with a copy of such notice. Such notice shall specify, to the extent possible, the timing and method of transition to a successor Servicer. On and after the receipt by the Servicer of such written notice and upon the effective date of the transfer to the new Servicer specified in such notice, all authority and power of the Servicer under this Servicing Agreement, whether with respect to the Receivables or otherwise, shall pass to and be vested in the successor Servicer appointed pursuant to Section 5.02 ; provided , however , that the successor Servicer shall not (i) be liable with respect to prior actions or omissions of the predecessor Servicer or (ii) be required to make advances pursuant to the terms of this Servicing Agreement; and, without limitation, such Person is hereby authorized and empowered to execute and deliver, on behalf of the Servicer, as attorney-in-fact or otherwise, any and all documents and other instruments, and to do or accomplish all other acts or things necessary or appropriate to effect the purposes of such notice of termination, whether to complete the transfer and endorsement or assignment of the Receivables and related documents, or otherwise. The Servicer agrees to cooperate with such responsibilities and rights hereunder, including, without limitation, the transfer to such party for administration by it of all cash amounts that shall at the time be credited to the Collection Account or thereafter be received with respect to the Receivables. If the Servicer is terminated pursuant to this Section 5.01 , then the Servicer shall bear all of the costs and expenses of transferring the duties and obligations of the Servicer to a successor Servicer; provided , however , that if the Servicer fails to bear all such costs and expenses the successor Servicer shall be entitled to reimbursement from amounts realized on the related collateral, if any, by retention of such amounts prior to the distribution of any Collections from the Collection Account in accordance with Section 4.2 of the Receivables Financing Agreement.

    Section 5.2 Appointment of Successor. On and after the time the Servicer receives a notice of termination pursuant to Section 5.01 , the Administrator may appoint (and provide written notice of such appointment to the Collateral Agent) a successor Servicer, and such appointee shall be the successor in all respects to the Servicer in its capacity as the Servicer under this Servicing Agreement and the Receivables Financing Agreement; provided , however , that the successor Servicer shall not (i) be liable with respect to prior actions or omissions of the predecessor Servicer or (ii) be required to make advances pursuant to the terms of this Servicing Agreement. As compensation therefor, the successor Servicer shall be entitled to all funds relating to the Receivables that the Servicer would have been entitled to receive if the Servicer had continued to act hereunder; provided , however , the Administrator may approve such additional amounts based upon servicing bids obtained thereby.

    Section 5.3 Term of Servicer. Upon 30 days prior written notice, the Servicer may be removed by the Borrower (with the prior written consent of the Administrator), such removal to become effective upon the approval of a successor Servicer by the Administrator and the acceptance of such appointment by such Servicer; provided that such successor Servicer shall assume the obligations provided for in Section 4.04 .

    Comment by rtyher — April 26, 2009 @ 12:52 pm

  48. Ultimately, there is one man and his three sons that are responsible for inflicting finical pain and suffering on over one million families in America: Bernard D. Zises (Ben) and Sons Jay, Selig and Seymour. Ben and his sons ran Integrated Resources, a real estate investment trust. Small-time investors put their life savings into a scheme that let the investor use a tax depreciation on commercial real estate, and at the same time, get capital gains when the investment matured and was sold. The company was privately held by the Zises family.
    But, they got wind of pending changes to the tax laws that would put them out of business. So, what’s a nice Jewish family to do? How about go public and sell the business to a couple of thousand suckers! Yeah, they can get their good friend Michael Milken to sell securities in Integrated Resources, just before the company becomes completely worthless. Bernard Zises and his three sons became filthy rich, and investors were out $995 million dollars.

    Ben, what would your Mother Fanny, Father Samuel, and older brother Louis say to you if they could see you today? Would brothers and sisters Sidney, Rose, Ida, Peppie and David be ashamed to meet you again? You are about to meet them all again, and for eternity. Will you have to explain yourself and the suffering you have caused? Did your wife Ruth have to explain for you already when she met her maker?
    Ben, have you been a good human being? Did you leave the world a better place than when you entered it? What will the ghostly members of the basketball team from Thomas Jefferson High School, or your spirited alum of Long Island University have to say:”….GUILTY, of crimes against humanity”?
    But, you sons have done so much better than you at inflicting finical pain and suffering. They have a very good teacher, Dad. Your son Seymour runs Forest Hill Capital a.k.a. Family Management Corp. where he has lost millions of investor’s money by investing with Bernie Madoff. I’ll bet Seymour figured out an angle to end up with the money as a result of this suffering too.
    Better yet, all three sons are the founding principles of Unifund CCR partners, a vicious collection agency. This year, Unifund will sue 160,000 families for credit card debt. Many families will be sued for cards they never owned. Even more will be sued, and never know about it until their wages are garnished, their bank account is cleaned out or the Sheriff sells the family home. This is an exceptionally profitable business. A face value account of say $8000 can be bought for less than $400, and yield a default judgment in excess of $20,000. And, since the tax laws treat purchased debit proceeds the same as loss recovery mitigation, the profits are mostly not reportable and tax free! Woopie!!!!
    The industry is full of illegal activity all the way up to the corporate management level. Unifund has a contract with Asta Funding a.k.a. Palisades Collections that rewards Unifund CCR Partners with a premium commission for collecting “…outside the relative statute of limitations”. I am sure the Zises Brothers have multiple offshore accounts in the Cayman Islands, Jersey, Isle of Man, Isle of White and various South China Sea banks. They must be using their accounts with the Israeli Discount Bank on 5th avenue, which has a branch in the Cayman Islands, as a vehicle to get the unreported Unifund proceeds out of the country.
    Ben, I think there are a lot of people that want their money back. The first thing they should do is to send you a demand letter:

    Bernard D. Zises
    72 Estates Ter N.
    Manhasset, NY 11030
    (516) 484-0887
    Or
    Bernard D. Zises
    2201 Christy Ln
    Oldsmar, FL 34677
    (727) 789-4211.

    If you cannot find him there, try the house of his son Seymour:

    Seymour W. Zises
    1016 5th Ave.
    New York, NY 10028
    (212) 535-7734
    Or
    Seymour W. Zises
    71 Jefferson Blvd
    Atlantic Beach, NY 11509
    (516) 239-3576

    If you cannot find him there, try the house of his son Jay:

    Jay H. Zises
    965 5th Ave., #10B
    New York, NY
    (212) 879-0212
    Or
    Jay H. Zises
    639 Ocean Rd
    Bridgehampton, NY 11932
    (631) 537-5628
    Or
    Jay H. Zises
    106 Old Orchard Rd
    Palm Beach, FL 33480
    (561) 588-9700

    If you cannot find him there, try the house of his son Selig:

    Selig A. Zises
    988 5th Ave., #9
    New York, NY
    (212) 772-6460
    (212) 593-6700
    Or
    Selig A. Zises
    760 Sagg Main St
    Sagaponack, NY 11962
    (631) 537-0537
    Or
    Selig A. Zises
    3035 Countryside Blvd #35B
    Clearwater, FL 34621
    (813)796-8922

    Comment by kudt — May 3, 2009 @ 9:18 pm

  49. Seems to me like Representative Gary L. Ackerman (D-NY) has some explaining to do.
    Records – reported on http://www.r8ny.com, a New York City political Web site – show Ackerman (D-Jamaica Estates) accepted a “personal loan” last year for as much as $100,000 from Selig Zises, a large investor in a California-based company that Ackerman called Xenonics Options. However, Ackerman, who denies any improprieties, said the alleged loan was actually a sale of stock that he accidentally misreported.
    “I no longer have it,” Ackerman said yesterday. “I sold it off a couple weeks back.”

    On March 9, 2002, Ackerman, a senior member on the International Relations Committee, purchased between $1,001 to $15,000 of stock in Xenonics, which is today valued at between $100,000 and $250,000, according to financial records.
    The 12th-term lawmaker said he decided to invest in Xenonics – a name he said he doesn’t even know how to pronounce – after a suggestion from Zises, whom he described as a friend.

    The U.S. Army awarded the company a $2.98 million contract a year later to manufacture night-vision equipment. Ackerman said he played no role in steering federal dollars to Xenonics.

    Within two years of his initial investment, Ackerman’s stake in Xenonics Options had ballooned to as much as $1 million.
    Why Xenonics? The answer can probably be found in Ackerman’s close ties to the Zises family, one of New York’s uber-Likudniks. Since 1990, the Zises family Bernard, Seymour, Selig & Jay, contributed at least $30,000 of Unifund CCR Partner proceeds (a vicious collection agency that will sue 160,000 Americans for Credit Card Default this year) to Ackerman’s campaign coffers.
    How close are Ackerman and the Zises? Close enough apparently for Ackerman to have made a statement on the House floor last year in celebration of patriarch Bernard Zises’s 90th birthday, and another upon the death of the Zises family matriarch, Ruth Zises . That’s right: a statement on the House floor.

    Comment by kutgyfluyf — May 4, 2009 @ 10:05 pm

  50. Correction:
    Jay Zises
    106 Old Orchard Rd
    Chestnut Hill, MA 02467
    (561) 588-9700

    Comment by .khnvb.kvjhn. — May 10, 2009 @ 11:20 am


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