Owner: Judgment Collection URL:http://www.judgmentcollectioncases.blogspot.com/ Join Date: Mon, 24 Sep 2007 07:19:12 -0500 Rating:0 Site Description: Blog devoted to cases and issues affecting judgment collection Site statistics:Click here
A fall from grace: a cautionary lesson to judgment collectors 2007-09-13 00:53:00 Since when has pretexting become such a hot topic? It appears to have gotten a giant kickstart last year from a most unlikely candidate, Hewlett-Packard’s (HP) Chairwoman Patricia Dunn. Fed up with leaks to the media from HP’s Board of Directors, Dunn covertly acquired the phone records from its board members to obtain a pattern of contacts and calling. Although eavesdropping was not involved, the unauthorized access of records touched off a public relations disaster for HP. Not only did Dunn become Newsweek’s cover girl, a warrant was triggered for her arrest. It was a sad chapter in the brilliant career of a cancer survivor with humble beginnings in Las Vegas. In addition to fines, the four counts in the felony complaint carried prison sentences of up to three years. But does the punishment fit the crime? Pretexting is defined as, “the use of false pretenses, including false statements and impersonation, to obtain consumers’ personal or financial information”. Dunn did Read more:lesson
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A judgment debtor's worse nightmare: When a dischargeable judgment becomes non-dischargeable. 2007-09-02 19:25:00 Seven years ago I was assigned a judgment against what appeared to be a defunct corporation. Upon investigation it was discovered that the debtor corporation was not properly incorporated. Pursuant to motion, I successfully amended the judgment to include the true name of the company as well as its owner. Mr. Debtor was now on the hook personally. Unsurprisingly, he tried to vacate the default but failed. My judgment was nominal and could have been dispensed with easily. But the debtor decided to take a more convoluted course of action, evading payment, creating sham companies, filing false claims of exemptions, creating multiple identities and fraudulently transferring assets. When these strategies failed to discourage me, he then pulled out the ‘wild card’ by filing for Chapter 7. The cause of action for my judgment was a straight breach of contract. Mr. Debtor could easily have discharged my debt had he played his cards right. But he made a fatal mistake. While in bankruptcy,
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