fdcpa protections don't apply to Indiana consumers

I am outraged on several fronts related to "bad debt buyers" particularly a company/partnership/association named Palisades Collection LLC,and by extension, Wolpoff & Abramson, ( now called Mann-Bracken) Bowman, Heintz, Bocia & Vician, and their other associated law firms. These people overtly violate and refuse to comply with federal laws regulating their chosen business, especially 15 USC 1692, the Fair Debt Collection Practices act (FDCPA) which was enacted by Congress in 1978 in an effort to protect citizen consumers from certain abuses by bill collectors. Palisades and their lawyers (particularly Glenn Vician & his firm among others) continually violate this law in their efforts to "extort" or otherwise collect dollars from [unsophisticated] citizen consumers. Such practice is bad enough, but more outrageous is the FACT that Indiana judges and courts not only allow but also support such illegal activities! Other states, e.g. Illinois, New Jersey, etc.[1], often enforce the FDCPA and protect their citizens from overt abuses, but Indiana judges more often refuse to allow its citizens FDCPA protections and refuse to order compliance but instead order protection from FDCPA liability for their "brethren of the bar" when the FDCPA is violated [2]!

Jefferson County Indiana Superior Court Judge (retired) Fred Hoying not only failed and refused to hold the lawyers responsible for compliance with the FDCPA, but also refused to allow any FDPA claim against these lawyers in his court; when notified that such ruling was going to be appealed, the judge and court clerk refused to perform their statutory duties to allow an appeal (in violation of state laws) and demonstrated apparent prejudice and bias in favor of these lawyers. [2]. The Indiana Appeals Court chief judge Booker failed and refused to address the matter on technical procedural grounds, the facts of the case notwithstanding, and Indiana Supreme Court Judge Shepard likewise refused to recognize and enforce the federal law by deciding NOT to address the matter upon technical procedural grounds also [3]. Next, the U.S. District Court, Southern District of Indiana was asked to step in and provide the federal protections spelled out in the FDCPA, but Chief Judge David Hamilton ruled that Indiana Citizens are NOT entitled to the protections of federal laws by dismissing the filed case and refusing to acknowledge two civil/constitutional rights complaints resulting from the state court cases, based primarily upon perjerous affidavits submitted by the lawyers. When irrefutable documentation evidence was presented proving perjury and Judge Hamilton was asked to sanction such perjury by the lawyers, his ordered reply was that such perjury was, "...quite customary..." in his court "...and does not support ..." sanction for such criminal actions. It is different in other federal courts where unsophisticated consumers are protected from such behavior by bill collectors [4].

As it currently stands, Judge Hoying retired and left the bench (but is drawing a substantial retirement pension from Indiana tax payers) while judges Booker, Shepard, and Hamilton are still sitting in judgment of their respective court. Of course, the major question precipitated by these judges' decisions to NOT recognize nor enforce the federal statutes in Indiana is, "Are these the people we should allow to hold the position of judge?" It is outrageous that people who refuse to comply with statute law should hold such positions of responsibility, especially when the job requires interpretation and application of statute. It is outrageous that Indiana citizens are NOT afforded protection of federal law by the courts and judges of Indiana. If not afforded the rights, benefits and protections of law, should they be encumbered by the burdens, requirements and responsibilities of the same laws? (If the good stuff doesn't apply, then the onerous stuff shouldn't either!) It is VERY outrageous that Indiana Courts allow their fellow lawyers to obtain a judgment on an alleged debt which was settled, paid, and satisfied with the alleged assignor years ago [see e.g. credit reports, filed affidavits, deposition, answers to interrogatories by Glenn Vician, etc,] when such errors could easily be avoided simply by requiring compliance with the FDCPA as written, by people attempting to collect a debt in Indiana. Bill collectors should all want to do business in Indiana where the courts and judges give them full advantages!

Federal representatives Congressman Hill, and Senators Bayh and Lugar have been notified of this situation and were requested to provide assistance. Only Senator Lugar responded providing information where to file complaints (thank you Senator!) The Federal Trade Commission, U.S. Attorney Office, FBI, and ACLU have all been notified but are unable or unwilling to help. Thus the question arises, "Who will enforce the protections of the FDCPA?" Right now, the answer seems to be, "No one!" Hopefully President OBama will fill federal positions with people who recognize and enforce federal laws by his future appointments and, if at all possible, rectify the ill-filled offices currently occupied by people who DO NOT recognize nor enforce compliance with federal statute. Meanwhile, Indiana citizen consumers, ipso facto, must be burdened with having judgments against them for debts they have already paid and settled, and risk having their wages garnisheed and their credit ruined and their lives forced into turmoil, simply, it appears, for being a non-attorney hoosier. OUTRAGEOUS!!!

Norm Eggers

111 Hooton Blvd

Madison, Indiana 47250 - 2634

beno2662 AT hotmail.com

(812) 73-4463

NOTES:

[1.] see e.g. Cotton v. Asset Acceptance N.D. Ill, 07 C 5005, 2/08; Pacht v. Pressler, E.D. NY CV 03-6056n 12/03; Palisades v. Graubard, App Ct N.J. 8/09; etc.

[2] see: Palisades v. Eggers, 39-D01-06080CC-228, Jefferson (IN) Sup Ct; Eggers v. Palisades, 39A01-804-CV-093

[3] see Eggers v. Palisades,39A-0804-CV-00193, Ind. Sup. Ct.

[4] see affidavit of Glenn Vician/BHBV letter to Eggers 1/5/2009, and Order of 6/9/2009 in 1:09-cv-142-DFH-JMS

Also NOTE FDCPA states debt collectors MUST cease collection activity until verifying debt from original creditor and submitting copy; does NOT have restrictions "if only

requested by certain procedures of the court(s)" or "may continue activity without verification if the court(s) so chooses," etc. etc.

copies of cited facts available in case files or upon request.

Palisades is continuing to cause great hardship & detriment (see Eggers medical files, credit files, etc.) and hearing is scheduled in Jefferson Superior Court for 11/6/09 on motion

to vacate, set by new Judge of the Court.

denied 11/6/09 so judgment for a settled, paid account [see eggers' credit reports showing OC Chase showing zero balance account, never delinquent, paid as agreed, etc.] is on the books!