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Chris Livingston Esq. 2154 Dowd Dairy Road White Oak NC 28399 Land line and fax 910 866 4948 Cell 910 876 7001 Email chrisatty@hotmail.com, usriflecaliber30m1@yahoo.com, chris@fairdebtlawyer.com Most of my practice is consumer advocacy under the Fair Debt Collection Practices Act, which is a federal law, and the North Carolina state laws--the North Carolina Collection Agency Act (NCCAA), NCGS Chapter 58 Article 70, and the North Carolina Debt Collection Act (NCDCA), Chapter 75 Article 2, which applies to creditors' own debt collection efforts. I also defend people who’ve been sued for a debt, and though I can’t guarantee results, I do my homework and if there’s a lawful way to win, I will try to find it. Since 2003, I have seen FDCPA, NCCAA, and NCDCA violated just about every which way you can think of, and some ways you can't. The human misery inflicted by the collection industry is just beyond belief, and as often as not, the creditor is actually a junk debt buyer who picked up the paper for a few pennies, or A penny, or less than a penny, on the dollar. None of the amount collected goes to the poor stiffed original creditor who actually lent the money--all of it goes to enrich those who did nothing to earn it. And the junk debt buyer, and any collection agencies or lawyers they hire, will do almost anything, legal or illegal, to get "their" money.
But now there's an even worse problem--debt elimination and credit repair scams. Most of the heavily advertised debt settlement outfits are purely fraudulent, in that they keep your money without even trying to negotiate your debts down--as if credit card companies and collectors would even take them seriously. All--not most, all--of those who say they can "reduce your debt to zero" or "eliminate," "invalidate," "erase," or "reconcile" your debt are complete scams. I'll explain in more detail on another page, but for at least 25 years, people have been trying the "vapor money" theory of debt relief. According to vapor money proponents, the money that banks lend doesn't really exist and need not be repaid, and also, creditors always violate the Fair Credit Billing Act (FCBA) and the Truth In Lending Act (TILA). Therefore, these scammers say, all you have to do is dispute your debts in just the right way, and if the creditor doesn't respond in just the right way, which they never do, then you can safely stop paying your debt and your creditors can't touch you. What's more, you'll hear, if you send enough dispute letters to the credit bureaus that invoke section so-and-so of the Fair Credit Reporting Act (FCRA), then your bad tradelines will disappear and your credit score will be in the 700s or even over 800! We'll tell you how to do this, say the scammers, for only a few thousand bucks up front.
Funny, sure, from a safe distance. But people who've lost their jobs, lost their businesses, gotten sick and disabled, and are at the end of their ropes will listen to anything that sounds good. Scammers know this, and are experts in pushing lies that their victims half believe already and wish to believe entirely. In the end, of course, the victim has given up their last few thousand dollars, and in return is looking at probably double their previous debt, endless collection calls, a lawsuit or three, and the loss of everything their family ever worked for. The scammers know this, and they don't care.
My goal is to make them care. This conduct is illegal under many laws, including the Credit Repair Organizations Act (CROA). The two most common CROA violations are taking money before the work is done, and claiming to be able to repair or restore credit when in fact they can't. CROA doesn't apply to not-for-profit agencies, so what scammers love to do is set up a not-for-profit front that pays most of its revenue to very-much-for-profit contractors owned by the same scammers. Because they use the U.S. Mail and interstate communication systems to defraud citizens and federally insured banks, debt elimination scams often amount to racketeering enterprises whose management is subject to the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and state RICO laws. Most states have unfair trade laws that allow you to sue for damages caused by deceptive acts and practices. RICO provides for triple damages, as do many consumer protection laws, and other laws such as CROA allow punitive damages. All of them that I can think of provide for court costs and (my favorite) reasonable attorney fees if the consumer wins. Since scammers' legal advice is nearly always wrong and they know it, they might be liable for legal malpractice! If all of that isn't enough, then scammers are subject to the golden oldies of common law, like fraud and breach of contract.
My business comes in by word of mouth and just from people I meet. You’d be amazed how many people have had unfavorable run-ins with collection agencies and collection law firms. In my experience, the so-called "collection attorneys" are for the most part nothing more than collection agencies with the most unbelievably rude and deceitful staff members. Do not let them intimidate you because they are calling from a "law office" and do not let them get away with violating any laws. Some of my basic qualifications are: BS Philosophy, North Carolina State University MS Tax, University of Miami School of Business Juris Doctor, University of Miami School of Law FAA Aviation Mechanic Certificate, Airframe and Powerplant Ratings FAA Private Pilot Certificate North Carolina Basic Law Enforcement Training Working on my associate’s degree in Criminal Justice at Bladen Community College Member of the North Carolina State Bar and The Florida Bar Admitted to the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Courts for the Eastern District of North Carolina, and the Northern and Southern Districts of Florida DISCLAIMERS: Nothing here is intended as legal advice and nothing here will create an attorney-client relationship. All citizens are free to look up the law for themselves and to represent themselves in court. Everything here is my own opinion and not that of any client, employer, employee, agent, law enforcement agency, media outlet, court, certification board, or government entity. KEYWORDS: consumer law, consumer protection, collection defense, fair debt collection, FDCPA, FCRA, FCBA, TILA, NCCAA, NCDCA, RICO, NCRICO, debt elimination, debt reconciliation, debt validation, debt invalidation, credit restoration, credt repair, scam, scammer, fraud, vapor money
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I CARRY, KEEP, OR USE THE FOLLOWING SERIOUS EQUIPMENT www.surefire.com – a lot of light in a lightweight package, and bargain 123 batteries www.schmidtbender.com – save up to buy S&B, don’t mess with inferior weaponsights www.laruetactical.com – don’t mess with inferior mounts for your S&B and Surefire www.butlercreek.com – flip-up scope caps because even S&Bs get rained on www.smith-wesson.com – sweet new M&P-15 (Stag Arms AR) www.tangodown.com – their AR battlegrip is awesome and holds batteries www.vltor.com – their Modstock is even more awesome and holds even more batteries www.blueforcegear.com – Larry Vickers’ sling is what you hang your AR on www.magpul.com – gather your AR mags, put gray followers inside, gray loops outside www.hecklerkoch-usa.com -- better yet, just get HK steel mags for your AR www.mossberg.com – cost-effective M500 fighting shotgun, I call mine “the Rabbi” www.smith-wesson.com – golden oldie M637 Airweight snub www.hksspeedloaders.com – drop a speedloader in your other pocket www.bianchi-intl.com – Speed Strip in case you get attacked a third time www.smith-wesson.com – strong handcuffs, mix-n-match nickel, blue, chain, hinged www.berettausa.com – even I can’t jam a Beretta M9 and 16 rounds are comforting www.wildbillsconcealment.com – super holsters at a fair price, great guys/gals too www.springfield-armory.com – 1911 TRP, for those who know what they’re doing www.chipmccormickcorp.com – buy new 1911 mags from Chip every 6 months … www.trippresearch.com – … and put in Tripp springs and followers; no jams yet here www.safariland.com – my 1911 lives in their SLS duty holster www.michaelsoforegon.com – Uncle Mike’s nylon gear, durable and not too costly www.asp-net.com – ASP batons and Key Defender pepper spray for less-lethal occasions www.winchester.com – SXT and M193 5.56mm, when you care enough to send the very best www.federalcartridge.com – HydraShok is right up there for your snub .38 You say “gear queer!” – I say fight your enemy, not your equipment. OTHER SITES OF INTEREST www.foxnews.com www.10-8forums.com www.defense-training.com – read John Farnam’s “Quips, Quotes, and Lessons Learned,” all of them. I disagree with a few things, especially whether to carry a defensive sidearm with a manual safety. Sure, a Glock will always fire just by pulling the trigger, but that also applies to the bad guy who gets your Glock away from you, and yes it does happen. Whoever gets my on-safe 1911 away from me will, by the time they have figured out how to make it shoot, not be in a condition to shoot anymore. www.insidearm.com -- formerly collectionindustry.com www.uscourts.gov to find any federal court in the nation www.nccourts.org for the scoop on the General Court of Justice, with lots of handy forms and links to Appellate Division opinions free of charge www.flcourts.org –same deal for the Florida courts www.officer.com www.odmp.org www.midwayusa.com for some pretty square deals on shooting stuff, and they usually have Black Hills Mk 262 Mod 0 in stock www.vickerstactical.com for straight advice, and TAKE ALL HIS CLASSES whenever you can www.nationalmatch.us www.bullseyepistol.com
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BLOG SAMPLE--old posts--for the latest and greatest, head over to www.fairdebtlawyer.blogspot.com
2006-11-08: No Good Deed Goes Unpunished If the election yesterday was about Iraq, there’s all the proof you need that the media refuses to report the war accurately. Democrats can get elected only when they pretend not to be Democrats, e.g., Shuler over there in the NC mountains. Although he wouldn’t commit to voting for Nan Pelosi, he of course will help coronate the San Francisco Treat as Speaker. Bush 43 and Sidekick Dick, PLEASE stay alive. In part, Republicans gotta sigh and say, well that’s show biz. You can’t win them all or even most, when the media is so against you and the Democrat programs sound and feel so good that Republicans have to raise five times as much campaign money just to break even. But today is the first day of the 2008 campaign, and unless you want to fall prostrate before Emperor Hillary in two years, those who love freedom had better get going immediately. On to a Fourth Amendment case or two: UNITED STATES V. FARRIOR, 2006 U.S.Dist. LEXIS 80560 (W.D.Va. 03 Nov 2006). Pulaski, VA police got tipped that a car with a certain license plate was involved in drug trafficking in Pulaski. Five days later, Officer Morris on patrol spotted that vehicle and stopped it for no tag light. Sergeant Anderson heard or was told of the stop and proceeded to the scene. Dispatch called in K9 Officer Dowdy from his home just blocks away from the stop. Defendant’s license and reg checked good. Officer Morris returned his license and reg, warned him about the tag light and freed him to go, then asked for consent to search the vehicle, which Defendant granted. Officer Morris was searching when Sergeant Anderson arrived and asked Defendant about prior drug convictions, which Defendant said were a long time ago. Officer Morris finished the search with negative results, but retook Defendant’s license and reg to write a warning ticket at Sergeant Anderson’s direction; Officer Morris was new didn’t know he was supposed to do that. Officer Morris was explaining the ticket to Defendant when Officer Dowdy and his K9 partner arrived about 37 minutes after the initial stop, and Sergeant Anderson said Defendant had consented to a search. The K9 alerted on the trunk. Thus enlightened, the officers found white powdery substance in the trunk, noticed where interior panels had been altered, and asked Defendant to remove his boots, which he did, and in the insoles were cocaine base and $2,720 U.S. currency, whereupon he was arrested. Defendant bailed out of jail and three weeks later, Roanoke, VA police found him on the ground with three bullet wounds. At the hospital, he would not cooperate in identifying his assailant(s), and police found his rental car a block away from the shooting site. After towing it and obtaining a search warrant, police found Defendant’s boot in the trunk, and in the boot was over a pound of crack. Upon his discharge from the hospital, federal agents arrested Defendant for possession with intent to distribute. Defendant was not Mirandized or interrogated. In the elevator on the way to the U.S. Marshals’ office, Defendant asked what had become of the three people who shot him, and was told the Roanoke police were handling that. Defendant said “well they shot me because they didn’t want to pay me!” Upon Defendant’s motion to suppress, the court ruled that the initial stop was valid, complying with the Fourth Circuit rule that a proper investigative stop occurs when an officer requests license and reg, runs a computer check, and issues a citation. After that, the burden was on the government to show that the warrantless search was subject to an exception, such as consent. Since Officer Morris returned Defendant’s reg and license and told him he was free to go, Defendant was free to consent or not to the subsequent search. Though Officer Morris should have issued the citation immediately, he explained that he would rather give warnings, and only wrote the ticket when Sergeant Anderson told him he had to, and now he knew. There was no subterfuge, just an honest lack of knowledge. Under these circumstance, the stop did not take too long. Air is free and K9s detect only contraband, so the sniff stood. Defendant’s question and inculpatory statement in the elevator were voluntary, if ill-advised. The Fourth and Fifth Amendments were not offended at any point. Motion to suppress DENIED. --------------------------------------------------------------
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