Sunday, August 19, 2007

Steven Katz gets it all screwed up again.

Quote:
Originally Posted by Flyingifr
While one Circuit has ruled (in a roundabout way) on what Validation is, the others have been quite silent on the subject. One decision in a District Court is not much precedent.
Ummm, that decision is not from a district court but rather from the 7th Circuit Court of Appeals so it carries a lot more weight than if it were from a DC.
Quote:
Not only that, but a reading of your own summary of it
That was not from any summary of mine but rather a copy and paste directly from the actual words of the Court in giving it's opinion.
Quote:
indicates that the issue was decided on 1692e and 1692f, neither of which deals with Validation, which is 1692g. 1692e and f deal with Misleading Statements and Unfair practice.
Ah yes, but the problem with that analysis is the following snippet from the court's decision. One simple way to comply with § 1692e and § 1692f in this regard would be to itemize the various charges that comprise the total amount of the debt. which is plain, easy to understand words is saying that if the various charges that comprise the total amount of the debt are not itemized then the claim amounts to nothing more than false and misleading information. Now then, while I may be as dumb as a stump, to my way of thinking that means that the claim must be fully itemized and provided to the debtor or FDCPA is violated because the unitemized statement of the account amounts to providing false and misleading information to the consumer. That is the way I read it. Now then, please enlighten us with your interpretation which, if I understand what you have said correctly, would be to disagree with the court which said that failure to provide a fully itemized statement of all the charges and how the final amount was arrived at amounts to providing the debtor with false and misleading information.

So I for one will be eagerly awaiting your explanation showing how providing a debtor with a statement which basically says little more than "you now owe XYZ Bank the sum of $1000.91 plus attorney fees, interest, court costs and whatever else bringing the total to $9,399.99 is not providing false and misleading information. I'm sure that Judge Mihm of the 7th Circuit Court of appeals would be most interested in learning that his decision is wrong.

Only a fool who lacks the abililty to read and understand court decisions and how they apply would make such silly statements as Steven Katz, aka flyingifr and Dr. Tax has made.
So who needs his silly ideas which he greatly expounds on his debtorboards.com message forum.

Monday, August 13, 2007

Steven Katz and his get out of jail free card.

Your get out of debt free card?

That is what Steven Katz of Tuscon, Arizona claimed in a post he made on Creditnet and of course his own message forum. His description isn't quite accurate for there is no such card. What he refers to is a new or seemingly new web site called FDCPA CASES.ORG which is a site where debt collectors can check up on people who have filed federal cases against debt collectors and their outcomes.

The purpose of this and the basis for their almost $1600 subscription fee is that by using their service debt collectors will be able to screen and cleanse their debtor lists of debtors who might well file a federal case on them for violations of FDCPA, FCRA or other causes.

Mr. Katz thereby claims that filing federal lawsuits on debt collectors for various violations somehow becomes a get out of debt free card. Of course, nothing could be further from the truth because it isn't free to start off with because the filing fee in federal court is $350.00 which hardly makes it free. Then there is the other hurdle which is a long way from being free as well is the immense difficulty of finding an attorney to do it for you or the time that is necessary to develop a case and learning how to properly prepare and present it in court. There are a great number of obstacles to getting the job done and none of them are free.

One of the greatest obstacles is learning how to do it yourself. One can find any number of message forums where they will talk about how to do it but will never actually teach you how to do it. One of the most important steps that is never discussed to any great extent if ever is the importance of learning both the rules of procedure and the rules of evidence. These are indespensible and are easily found on the internet by simply using Federal Rules of Procedure and Federal Rules of evidence as search terms.