Author Topic: What's The Most Anyone's Collected from a Fly-By-Night Collector?  (Read 632 times)

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flacorps

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I got a real live one. They already closed their business when I sent a draft complaint but I caught them reopening under a different name. Dead to rights.

So now that I have an attempt to defraud me, what's the most anyone's managed to collect from the Buffalo-style small-fry?

I'm going to freeze an individual's assets at the outset, ex parte, based on the information about the effort to abscond already in hand.
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

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Clydesmom66

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #1 on: July 12, 2018 01:04:09 AM »
Same answer you were given on another site:

You are wasting your time.  You may get a judgment but the chances you actually collect are slim to none.  The amount someone has been AWARDED is not relevant when it comes to the Buffalo ilk.  The amount actually COLLECTED is and I have not heard of anyone actually getting paid.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

CleaningUp

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #2 on: July 12, 2018 01:20:40 AM »
Freezing the principles assets may well turn this one into an ATM machine.

You also need to remember, Clydesdale, that Flacorps is most veteran player in this game and has a pretty good record at taking out windmills or at least a blade or two.

An if this is a Buffalo firm with Buffalo collector ethics, the courts have a pretty good history of tying the robbers to the loot and proving that their intent was nefarious.   

Flyingifr

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #3 on: July 12, 2018 01:47:10 PM »
It's not the NAME they re-open under but the FORMAT they re-open under. One of the advantages of a Corporate or LLC entity is the ability to continue in business leaving all the problems of a different Corporation behind you. So let's assume ABC Corp is a typical Buffalo style collector full of cowboys who run up millions in Judgments against bad-boy ABC Corp. The owner of ABC Corp (also protected by the Limited Liability aspect of the Corporate or LLC entity veil) decides to start all over again and sets up DEF Corp. DEF is not responsible for the misdeeds and debts of the now-defunct ABC Corp. ABC Corp's creditors are left chasing a lifeless, assetless ghost while DEF goes its merry way.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

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CleaningUp

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #4 on: July 12, 2018 03:32:55 PM »
True.  But by seizing the principles bank accounts ex parte if OP can pull it off will change the dynamics.  And if he goes after them in under the fraud statutes, he might just be able to get away with it.

It's going to be a tough pull, but the courts in Flacrops jurisdiction can be made aware of New York's willingness to go after the principals even though they are hidden behind the LLC or corporate entity.

As I mentioned, Flacorps is not a newbie at this game.

flacorps

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #5 on: July 12, 2018 08:12:59 PM »
Well, it's not New York. It's as close as you can get without being exactly here, but it is another state.

There is this thing called successor liability. And my quarry made the mistake of running the same help wanted ad under the new entity.

The person also opened a third entity the exact same day as the new operating entity, at yet a third mail drop location. Clearly' a backup so he wouldn't have to scramble next time he got a demand letter. I'm throwing them in the complaint too.

I've also contacted the "New Times" type weekly in the target's area so they can consider doing an investigative piece along the line of Jake Halpern's "Bad Paper."
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

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flacorps

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #6 on: July 13, 2018 12:50:29 AM »
So I ran the draft complaint past a friend on the other coast of Florida who has dabbled in collections. The response I got was gobsmacking.

I just sent it and asked "If you were still collecting and got a complaint like this, what would have been your next move?" His response:

That Person Owes Me Money!

Turns out 7-8 years ago, the person was operating in Florida and my friend subbed out a crappy portfolio he had bought. The collector at first got him some decent money, then absconded owing him about $15k. If I have to have a hearing to freeze assets, he's willing to come testify to the sketchiness of the individual involved.
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

http://www.myhopeseries.com

cgoodwin

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #7 on: July 13, 2018 04:40:34 AM »
LLC's are not bullet proof.  If they are improperly structured or you can show owner liability, then the veil can be pierced.  Also if you can show that the assets from the first LLC are being used by the new LLC, then you may be able to attach those same assets.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

flacorps

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #8 on: July 13, 2018 09:27:39 PM »
I feel better about the case now: it appears a lawyer is an undisclosed principal. I have a grown up on the other side, and the person has something to lose.
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

http://www.myhopeseries.com

flacorps

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #9 on: July 15, 2018 04:23:19 PM »
I'm going to buy my buddy's claim and use ancillary jurisdiction to get it heard in federal along with my FDCPA claim.  :whackacow:
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

http://www.myhopeseries.com

CleaningUp

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #10 on: July 15, 2018 06:26:06 PM »
This could be fun to watch!

silverzgirl

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #11 on: July 16, 2018 05:21:19 PM »
Brachfeld operated under several different names, and they used "but that is not us" against me when I went after them. I managed to do a screen capture of their own website and submit it into evidence showing that their correct name at the time of the suit was changed afterwards.

While they were bigger, they used the same scumbag tactics....the state collectors license showed yet another name not listed as a DBA.

I got 12K in a default judgment. I paid 125 to sic the sheriff on them or I would not have seen a dime.

They went out of business when an employee won a 1M judgment against them for sexual harassment.
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ironfist

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #12 on: July 16, 2018 09:49:02 PM »
Brachfeld operated under several different names, and they used "but that is not us" against me when I went after them. I managed to do a screen capture of their own website and submit it into evidence showing that their correct name at the time of the suit was changed afterwards.

While they were bigger, they used the same scumbag tactics....the state collectors license showed yet another name not listed as a DBA.

I got 12K in a default judgment. I paid 125 to sic the sheriff on them or I would not have seen a dime.

They went out of business when an employee won a 1M judgment against them for sexual harassment.
Thank you for posting your experience. Were you able to satisfy all or some of the judgment you had on them? I know that even when you get a writ of execution, there's no guarantee of success. I also know that some folks have had some trouble collecting judgments against JDBs and other assorted bottom feeders.

CleaningUp

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #13 on: July 16, 2018 11:25:08 PM »
Flacorps may just have gotten these bottom feeders...

flacorps

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Re: What's The Most Anyone's Collected from a Fly-By-Night Collector?
« Reply #14 on: July 17, 2018 01:12:01 PM »
Last night I ascertained that a little over a month ago my quarry filed a personal BK petition, omitting ALL business activities from the requisite schedule, as well as me as a creditor. I immediately emailed the bankruptcy lawyer the requisite information so that if he continues forward on my quarry's behalf he will be in violation of several federal statutes and legal ethics to boot. Today should be a miserable day for my quarry.
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

http://www.myhopeseries.com

 

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