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Associated Credit Services lawsuit help needed
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Posted by begoodorelse (172.143.80.104) on July 16, 2003 at 15:00:27:
Also posted on similar boards--disregard if you already read it-- Long story short: I am a lawyer and I lost my job last year, which wasn't that well paying to start with. Among other things, I couldn't pay my student loan so Associated Credit Services Inc. of Hopkinton Massachusetts (not to be confused with a similarly named company in Texas) started calling with the usual threats and insults. They told me I would lose my law license automatically if the loan got defaulted. That is a lie in NC and FL and I told them as much. So they called my family at 8:45 that night, unauthorizedly disclosed the amount of the debt, told THEM I would lose my law license if the whole delinquent amount wasn't paid in 15 minutes. They did. Hmmm, lemme see, that's federal wire fraud, federal Hobbs Act extortion, NC obtaining property by false pretenses, NC extortion, and it so happens that ACS never bothered to get licensed in NC, giving us a total of five felony offenses. Also that (and the many details I left out) violates FDCPA, NCDCA, and NC fair trade statutes in about 22 places. The civil lawsuit, Wake County Superior Court case number 03 CVS 7417, charges all that plus common-law extortion, fraud, and civil conspiracy. Since I am representing my family as counsel, I'll be collecting boocoo attorney fees at the end instead of joining them as plaintiff and adding defamation, invasion of privacy, and anything else my fertile little brain could think of. Also sued is the creditor, which is some combination of First Marblehead Corp, First Marblehead Education Resources Inc., and The Education Resources Institute Inc. (TERI), plus the staff member who admitted to me that he was the one who hired ACS and that he knew the management and agents in question personally. The creditors could not possibly have been unaware that ACS does this stuff and under NC law, unlike FDCPA, they are on the hook too. The money we'll win will be nice enough, but mostly I look forward to depositions, where I get to ask them questions for hours under oath, and document production, where I get to go through their prized secrets, and thus armed, hauling these bozos into NC court and have them explain why they don't feel like obeying the law. Hopefully they will be arrested while they're here but our local law enforcement has been dropping the ball on that end. We have already turned down a substantial settlement offer--this is about justice. I have been researching Associated Credit Services for awhile now online and since they aren't a huge agency there isn't much on them. It could be that they aren't particularly dirty. I would love to add RICO to the suit and move it to federal court. Does anybody know anything about ACS? Would greatly appreciate any help and will do what I can for you in return.
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