Re: National Check Control - NEW INFO!!!
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Posted by James Divine (66.162.230.34) on April 03, 2003 at 12:13:41:
In Reply to: National Check Control posted by Shocked on April 02, 2003 at 21:12:12:
I received this email this morning... and I'm on board....
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You are receiving this email because you contacted Ademi & O'Reilly, LLP regarding a New jersey debt collector going by the name National Check Control.
Last summer, I filed suit on behalf of a client of National Check Control. National Check Control did not respond, and I won a default judgment. Ultimately, I chose not to pursue a class action aspect to the case because in cases under the Fair Debt Collection Practices Act, damages are capped at 1% of the Defendant's Net Worth. Moreover, I thought National Check Control would be out of business by now.
In hindsight, I think I was wrong. National Check Control thrives. I have even had a call from another debt collector who wants to put National Check Control out of business because it gives debt collectors a bad name. Further, it seems that NCC is actually convincing people to send funds through Western Union. My idea is to obtain a judgment for the individuals who wish to participate. Under the FDCPA, damages are capped at $1,000 per person, but if I have 20 individuals, that should sting plenty. Then I would garnish Western Union. The idea would be to cut off NCC's revenue stream, leaving it to wither on the vine.
I have also been contacted by attorneys from a few different states, some of whom should bve receiving this email. I would be happy to share all of my information I have, including a process server in Secacus, NJ, some judicial materials re: Charles T. Hutchins, and legal materials. I have fixed the typo that prevented the complaint from loading. Please go to http://www.ademilaw.com/cases/nnc.pdf to view the complaint from the first case.
For those who are interested in participating in a lawsuit against National Check Control, my firm would handle the case on a strictly contingnecy fee basis. Please note we have only one year from the time you were contacted by National Check Control to start a lawsuit. The following is an outline of the terms under which we, individually or in combination with other counsel, will represent clients as a plaintiff.
1. Pursuant to this retainer agreement, Ademi & O'Reilly LLP agrees to represent you in this litigation on a fully contingent basis with respect to its fees. In addition, Ademi & O'Reilly, LLP will advance all costs and expenses that plaintiffs' counsel deem necessary to prosecute the case. You will not have to pay any costs, fees, expenses or any other out of pocket funds in advance (they will only be paid if we win). 2. Ademi & O'Reilly, LLP shall be receive the greater of 33% of the gross recovered, or the hourly rate of $195.00 per hour for each hour worked on this case, or the amount awarded by the Court, whichever is the greater amount. 3. You agree that our files and papers compiled in connection with our investigation and prosecution of this matter constitute the work product and property of this firm and over which the firm has complete control with respect to its use and/or disclosure. You grant us a lien in any funds recovered on your behalf. 4. You give Ademi & O'Reilly, LLP the power to endorse checks for deposit to its trust account, in order to distribute money at the end of the case. I agree that the Defendants shall put Ademi & O'Reilly LLP as a payee on all checks.
If this is acceptable, please reply to this email, noting that you agree, and include your name address and telephone number. I will contact you for a brief telephone interview to prepare facts in the complaint.
If you are not interested, please disregard this email. But thank you for contacting me.
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Attorney Robert K. O'Reilly
Ademi & O'Reilly, LLP
3620 East Layton Avenue
Cudahy, WI 53110
(414) 482-8000 voice
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